HomeMy WebLinkAbout81-114BUTTE COUNTY ARTS COMMTSSTOPd
GRANT YEAR 1980-81
WiiER~AS, the California State LegisZature and the California
Arts Councii established the State/Loca1 Partnership Program to encourage
3oca7 arts and cultural planning and declsion-maEcing; and
WHEREAS, in Fiscal Year 1980-81, $12,000 was appropriated for
Butte County to assist in the development of a comprehensive arts plan
meeting the State/Local Partnership Program Guidelines for 1980-81; and
4lHEREAS, the Board of Supervisors of Butte County has designated
the County Administrat-~ve Officer to direct and Smplement the State/Local
Par~Gnership Program sponsored plan deve1opment for Sutte County for F'iscal
Year 1980-81;
NOW, THEREFORE, BE IT RES~LVED that the Board of Supervisors of
the County of Butte hereby endorses and approves the local arts plan developed
on 6ehatf of the County of Butte.
BE TT FURTHER RESOLVED that the County Administrative Officer is
hereby designated as the "7ocai partner with the State" as recipient for
the 1980~81 E.ocal Priorities Mdtching Grant af $2,634 from the Ca~~fornia
Arts Council, to 6e expended in accordance with the terms of the attached
contrdct #AC-0753 between the Californja Arts Co~nciT and the County of
Butte.
PASSED AND AOOPTED by the Board of Supervisors of the County of
Bu~te this 9th day of June, 1981, by the following vote:
AYES: 5upervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Mose3ey
NOES: None
ABSENT: None
NOT VOTING: None
BERTHA MOSELEY, ai n of th
Board of Supervisors
A7TEST:
CLARK A. NELSON, County Clerk and
ex-offici l~.r of the Board
i
B'y --
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r~ '..--...ar n~a~w.-.e~j~~• ~- Al }'UFiNr.Y GCN~hiA{_ -
,sT:-YEOF'.CAl.IFOl2NIA ~' - ~ ~ ~ ~TATE AGEhECY
~ Srp. 2 IF.EV., S1/751 . . ' ~ . ~ ~ ^ OEPT. OP GE~[. SER.
~ ~ ~ ~ -.-.- , ~ ' ^ CONTROLLER
THIS AGREE~7ENT, made and entered into this 1 day of ~~ne , 19 $~' , ~^~~ ` l l~
in the State of CaliEomza, by and between State oF Califomia, thraugh its duIy elected or appointed, ^
qualified and acting • ^
tlTl~ OF pFF~CER ACTkNG FOR 57ATE AGENCY NUMSEft
Director ~ Cal~farr~~a Arts Council ~ ~ AC- 0753 .~
hereafter cQlled the 5tate, arrd ~
Butte Co~nty~A~ministrative Off~ce. ~ . ~ .
hereafeercaIled ihe GvntrQCtor. • .
~•
WITNESSETH: That the Contractor for and in cansideration of the co~enants, conditions, agreements, and stipulations of the Sta#e
herennafter expressed, does hereby agree to fumish to the Sta#e services and materials, as foliows: .
(Set (orth setvice to be rendered by Cantroctor, amount to 6e paid Contracfor, firne for performance or campletion,and nttach pfans and specificolions; i( any.)
C~r~tractor s~a~l utilize ~the r~atch~d tocal Priori~~es Grant o~f $ 2,634 for ar'ts program~ing
irt accardance wi~h ~he 5~@Cif1C priorities lis~ed in the ~ocal arts p1at~ for the Eounty/
~C~ty of Bu~te , as ~eveloped ~n accordance. w~th.the 5tateJLoca1 Par~ner-
sh~ p Program Gu~ de~ i nes ~~or 198D--8J.. ~h~ do~ 1 ar-for-do71 ar. match for th~ s grant may be ~~Zp~.~ e~~
~ram the ~ocal public fur~ds c~rrently being sperrt on arts prograr~r~ing in the Co~n-~y/City of
~~ 8~tte -,.as veri~i~d in ~he~approved arts plan and designated as the local
"effort -Factor" in ~f~e amount of'$'~~~~~QQ . E~ther F~sca1 Year 1979-80 or ~980-81 7oca1 arts
expenditures from ~utilic saurces ~ay a~~ly as ~he ma~c~. .
Genera7 State Requirements, Fair ~mp~oy~nent.Prac~ices Addendum;~and 504-Handicapped Regui.ations
ar~ attached hereto and are hereby made a~art of th~s contract.
~Payment sha11 be made after contract app~^ovaZ upon s~bmitta~ o~'ar~ ~nvoice from Contractor.
to CAC. ~ ' ,
Dates: June ~, 1981 -~J~ne ~, 1982.
The provisions on #he reverse side hereof constitute a part of this agreement.
IN PJITNESS WHEREOF, this agreement has ~een execnted by the Qar~ies hereto, upon the date first ahove wiittea.
~ ~ STAT~ OF CAL~~ORNlA ~ CONTRACTOR
AGENCY CON7RACFOfl I~g OTHER TF{AN AN 1ND4ViDUA~~ 3TATE WI{ETISER A CORPOR.~7lCN
Gal i fornia ~Arts Cour~ ' 1 B~~~SHC~QI~~l'Y ADMI~lIS7RATiV~ OF~IC~
gY- lAL}TF[O [ZED I URE) B SAUT IZED SIGNA 13RE1
~ T~[ TLE ~
TITLE ~
pi rector Cha3.rman But e Co
ADDfiE55
'INUED ON~-SHE~'75, EACH B
Department of Ge~era! $ervrces
Use ONLY
AMOUNT ENCUM9ERED ~APPROPRIA710hi ..
~ 2,634 Grant~, Projects Pro r
UNEh[CVMBERED BALANCE ]TEM CMAP4ER o
~ 435d 5~10
ADd- INCREAS[H~ £HCOMBRAHCE FUPlCT10N
5 California Arts Council~
ADl. D~GREASING ENCVMHRANCE LINE iTEM ALLOTME~IT
~ 6.d.55.2.~5,~8
t hereby certify upor. my own persona~ knowJedge that bud$eted jand
Qre available for the'period and purpose of ~he expenditare stated abave.
SIGNATUR F ACCC}~JNTING ~~~ R ~ ~ ~
I\
II
_ ' ~hereby cer~i{y
' hove been cc
~ SIGNATU OF ,1,
~
FUND '
r~s ~ Genera~
STA7UTE5 FISCAL YE0.R
sa so-sz
T.9.A. NO. k 6.R. NO.
onre
~ n onditions far exemption set (nrth in State Administrative hlana~! 5ection i209
ied with and this ~o~ument is exempt from revie[v by the ~epartment nf Finance.
ER 51GN1J~ G/~ N H~FiALF 9~ 7H5 AGENCY DA7E ~
/ / .. // . !' ., 1.4i11~ 1 ? l9$~
I. Th~ Contractor agrees to indemnif}•, defend ~nd save harmless the State, its o~cers, agents
, , and ernplayees from any and all claims and tosses accrt~ing or resulting to any and all contractors,
subcontractors, materiaImen, laborers and any at~ier person, firm or corporation £urnishing or
~- supplying work, services, materials or suppIies in conn~ction with the performance of this contract,
and from any and all cIaims and losses accruing ar resulting #o any person, firm or corporation
who may be injured or damaged ~y the Contractor in the performance of this contract.
2. The Contractor, and the agents and employees af Contractor, in the perfarmance of this
agre..rnezit, shall act in an independent capacity and not as af~cers as employees or agents of
State of California.
3, The State may terntinate t'his agreement and be relier•ed of the payrnent of any oonsider~ition
to Co~itractor shou~d Contractor fail to perform the covenants herein cbntained at the Hme and
in the raanner herein provided. In the e~•ent of such termination the State may proceed with the
~.-ork in any m~tnner deerzed proper by the 5tate. The cost to the State shall be ded~ctec~ #rorzi
any sura clt~e the Contractor under this agreement, and the balance, if any, shall be paid the
Contractor upon demand.
4. Withaut the written consent oE the State, this agreement is not assignable by Contractor
either in ~vhole or in part.
S. Time is the essence of #his agreement.
B. No alterakion or variation oF the terms of t1~is contr<~ct shalI be vaIid unless made in writing
and signed by the parties hereto, and no oraI understanding or agreement nQt incorporated herein,
shall be binding or~ any of the parties hereto.
7. The consideration #o be paid Contractor, as pravided herein, sha~t be in compensatzon for
ali of Contractor's expenses incurred in the perfarmance hereof, including travel and per diem,
untess otherwise expressIy so provided.
~~ :~~~~~~~~~ ,~~~~~~~~~~
, The Ca].~~_.~rnia ~rts Council and 'the State Legis~ature
have es~~:ulished a State-Loca1 Partr~~rship Pr~gram
designed to encouraqe l.ocal CuZ~t3ra1 planning and
decision-making and ~o reach previousiy Und~raer~ed ~
cans~it~encies. ~
TYze Ob3ectives of' the S~ate-Loca1. Partnership Program
are ~o:
A, provic~e a mechanism for more effec~.~ve local arts
planning and to coordinate stach planning with state
prog~ams;
B, develap rural and suburban areas which have not
fu1.1y partici.pated in a~ts proqrar~s;
C. expand the priva~e sector support ~ox arts at ~.he
~ocai leve].;
D. give ~acas governmer~t agenci.es the opportunity ~o
assist ~he California Arts Council in improving
. the e~~'iciency of arts programming;
E, provide a more stable base o~ support ~ar the arts
at the ~ocal level;
F. provide a potentia3~ decen~ralization mechanism for
otlzer Califort~ia Arts CoUncil Dxograms;
G. prevent duplica~.ion and overlap between federal
(administered through Ca~.ifornia Arts Co~ncil),
state, and ~.oca7. program funds;
H. provide for increased e~npl.oymen~ of artists;
I, sti.mul.ate the local ~conorr€y. '
FAtR ~MPLOYM~NT PRACTICES AU~ENDUM
1. 1~ the per#ormance ofi this contract, the Contractor wili not discriminate against any employee or applicant
fqr employment because of race, color, religior~, ancestry, sex*, age*, national origin, or physical handicap*. The
~ Con#ractor wilf take a#f~rmative action to snsure that appEicants are employed, and that employees are treated
~ during employt3~ent, without regard to their race, colar, religion, ancestry, sex*, age*, national origin, or physical
handicap*. Suc~ action shall include, but not be limited to, the followir+g: employment, upgrading, demotion
or transfer; recrui~ment or recrui#ment adverEising; layof'F or #ermination; rates of pay or other forms of corr~pe~-
saiion; and selection for t. ~~ning, indudir~g apprenticeship, "i'ha Cor~tractor shall post in conspicuous places, avail-
able to emplayees and applicants for employrrient, notices to be provided by #ha 5tate se~ting forth #he provisions
, of ihis Fair•EmpEaymenE Practice~s settion.
2. The Contractor will permit actess to his/her records of emplcyment, employment advertisements, applica-
, tion f~rms, and other pertinen# data and records by the S#ate Fair Err~ployment Prac#ices Cammission, or any
other agency of t~e Sfate of Cafifarnia designated by the awarding authority, for the purpose of investigation to
~ ascertain compliance with the F'air Employment Practices sectton of this contract.
3. Remedies for WiilfuE Vioiation:
(a) The State rt'~ay determine a wilt'Ful ~iolation of the Fair Erripfayment Practices ~rovisior to have
otcurred upon receipt of a final judgement having tha't affect from a caurt in an action to which
, Contractor was a party,'or upon receipt of a wri#ten notice fram the Fa9r Emp~oyment Pract9ce5
- Cammission that it has investigated and determined that tf~e Contrac#or has v9olated t~e Fair Employ-
Ene~t Practices Act and has issued an order, under ~abar Code 5ection 1426, which has become final,
. or obtained an 9njunction under Labor Code Sectior~ 1429. '
{b) For willfut violation of this Fair Einplpyment Praciices provision, the State shall have the right to
terminate this cantratt eit~er in whole or in part, and any loss or damage sustained by the State in
securing the goods or services hereunder shall be borne and paid for by the Cnntractor and by his/her
surety under the perfarmar~ce bond, if ar~y, and the State may deduct from any moneys due or that
thereafter may betorr~e due to the Contractor, the differente betwaen the price namecE in the contract
and #he actual cost dY~ereof to the State.
*See Labor Cade Sections 141.i -.i432.5 for further details.
sra. ~ {a/7~J
i
~ ~ ~ . . - . . . ~ . ~ . . 1SP
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ARTICLE 1~. ~
Section 3640. GENERAL STATE REQUIREMENTS:
~1) The folfowing requirements, in addition to any special conditions incorporated in the California Arts Council
Fur~ding Criteria, are applica6le to and binding upon recipients of grants frorn the California Arts CounciL
(2) NOTE; Federal funds cannot be used to match Federa[ funds, Most of the fur~ds that are allocated in grants
from the CAC are State funds. However, the Cauncil also receives funds from Lhe Federal Goverr~ment. ~fherefore, some grants
programs contain both federal and state funds. Caution should be used to insure that the proper rr~atching occurs.
5ettion 3644. PROfECT DEFINED; As used in these provisions, the term "project" shall be deemed to include a
specific project or program, or admi~istrative or on-going support for the organization affected.
(T ~ EXGESS COS7'S: In the event that the project costs exceed the amount specified in the approved budget,
grantee agrees to complete the ~roject and fund the cost above said budgeY from sources other than State f~nds,
(2} CQSTDISALLOWANCE: Grantee agrees to use the g~ant funds solely for the purposes oF the approved project,
Cost items for the purpose of determining the "cost" of the project, as that term is used ir~ these req~irements, shall include
cash expended (ar in fieu ther~of, contractual obligations incurred far the project) and the fair value, as determined by the
Counci[, of services or products act;.~ally incorporated therein. The burden of proof shall be upon the grantee to establish suci~
cost items, and such cost items may be disallowed if not adequately supparted by the records. 5hould grantee misapply any
grant monies, and fail to make restitution to the 5tate of any amounts due under the terms of the grant agreement, ir~ addition
ta any other remedy provided by law, the State shalf have, to the extent of its appropriate claim, an awnership 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, iR whole or in part, without the prior concurrence af the Califomia Arts Cour~cil.
(4} RETURN OF GRANT FUNDS EARMARKED BUT NO LONGER REQUIRED FOR SPEGlFIC 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 cosY, or at a reduced cost, the saving, except for gaod cause in the judgment of the Cafifornia Arts
Counci[, shall 6e promptly returned to the State.
{5) INDEMNl7"Y CLAUSE,~ Grantee agrees to defend the State af Ca[ifornia, its officers, agents and employees,
against any claims and to pay any judgments obtained against the State of Caf ifornia, its officers, agents and emp[ayees, arising
fro~n any services or materiafs f~rnished, ar any injuries or other damages suffered by any party in connection with the conduct
of the project, and agrees to hold the State harmless.
(6) TERMINA770N: If tE~e California Arts Counci[ determines subsequent ta the appro~al of the projecE,
(1) grantee has failed to perform any of its obiigations under the grant, (2) grantee f~as assigned, sub-let, or trar~sferred any part
of the project in violation of 5ection 3 above, or (3) violated any oF the other conditions of the signed contract, Council may in
its disaetion terminate in whole or in part, the grant upon written notice to the grantee specifying the services terminated and
ihe effective date of termination. Within 64 days of such termination, grantee agre~s 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 ControE Board.
(7) REDUCTION OF STATE'S GRANT.~ Notwithstanding any other provision of Yhese requirement~, should the
project, to time of completion, or termination in whole ar in part, cost [ess than the approved budgeted amount on which the
grant was based, grantee's matching amour~ts {including funds, or services or products incorporated into the project in lieu
thereof) shalf be conclusively deemed to have been expended first, and the grant shall be reduced 6y any amounts rerr~aining
: after completion or termination of the projecC. Such remaining amounts shall be promptly forwarded to the Arts Council:
- (8) TRAVEL EXPENSES: Limitation on. AElowable Costs -~he CaEifornia Arts Gouncil will not recognize as a
matching cos#, travel expenses, ihough inciuded in the project budget.
; 504 ~ HAND~CAPPED.REGULATIONS
Regulations for Nondiscrim~n~tian
an the Basis of Handicap
These regu~~tians imp~ement section 5~4 of ~h~ Rehabili~ation Act~
~ o~ 1973, Pub. L. 93-~~2, 29 U.S.C. 794. Sect~on 504 provides that
"no otherwise qualified handicapped individual shall, sole~y by
reason of his handicap, be excluded from ~he participation in, be
denied the benefits of, or be subjected to discrimination under any
prog~am or activi~y receiving f~~erai ~inancial assistance." The
regulations de~ine an~ forbxd acts of discrimination against
qualified handicaFped persons in pzogra~s and activities receiving
£ederal financial assis~ance from the Nationa~ Endo~~ment ~or ~h~
Arts. As e~p~oyers, rec~pients are prohibited ~rom engaging ~n
discrimxna~o~y e~ployment practices on the basis of handic~.p and
must make reasonab~e accommo~a~ion ta the handicaps of empXoyees
un~ess ~he accommodatian would caus~ the employer undue ha~dship.
As providers af services, recipients a~e requi~ed to make programs
operated in ~X~5t1rig facilities acce5sib~e to handicapped persons,
to ~nsur~ that new facilities ar~ constructed in a mann~r readi~y
`accessib~e to handicapped persans, and ~o operate ~heir programs
in a nQndiscriminatory manner.
For fu~ther ~nformation contact: Rabert Wade, Genera~ Co~nsel,
National End~wmen~ ~or the Arts, 2401 E Street, N.W., Washing~on,
D.C. 205Q6, 2a2-634-6588. .
Grantees receiving onZy State funds Sno~~a be aware that tne
~.State is in the process of issuing simi~ar regulations and
that grantees wiZl be required to adhere to the regulatians
dur~ng th~ course of this FY 80-31 grant even if they are nat
r~ceivang fe~eral NEA funds. ~
_.., _ -- -_.~.._._~. . ~._... ___----
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Public Meeting Monterey, Californ~a
., FY 1980-$1 Sta~e-Local Partnership Program
Resolu't~.on Passed
29 May; ~.9$1.
WHEREAS the California Arts,Co~nci~ Budget for 3.980-8~ calls
for the establishanen~. of the State'-Local Partn.ership Program,
and
WHEREAS the awa~dirig o~-contracts.to a~ganizations under this
px-oqram is established by regulation,, and. ~
WHEREAS the regulations specify ~.hat award recommendations
will be pr~sented to the Council, which wiil make the £ina~.
decisior~ and awaxds at a publ~c meeting~, ~ ~
NOW THEREFORE BE IT RESOLVED THAT:
The Arts Counca.l xeceive the r~coinm~ndatians of the State-Loca1
k'artnership Pane~ and make final appraval to f~nd g~ants equal-
~ing the tatal amoun~ budgeted in the 1980-81 State---Laca~ Part-
nership Program budget e~~e~ctive July 1, 1.9$0, as signed by ~he
- Governor. ~ ~ .
"T~ hereby cert3.~y that the foregaing is a true
summary of Council minutes." • .
~ ~
D~RECTOR
CALIFQRNtA ARTS COUNC~L
. . ..._ _._._ _
_ .~ ... --- ~._,~_~_ _ -- _ , __~_._...__._:.
Admini~~ra~~ve Office
June 19, 19g1
To: Cath~ Pxtts, C1erk to ~he Boaxd af Supervisors
From: Gcrald. Lively, Deputy County Adm~.n.i.s~~rative Officer
Subject: Califarnia Ar~s Counci~. contract with Butte Coun~~
A~~ached p~.ea5e find the original contract which has been signed
by the State Qf Calif~rnia for youx~ records.
~~
Gerald Zive~.y
Ueputy County Admir~strative Offa.cer
GL~dh
cc : Nolan H~rde, Auda.~or' s Qf~ic~
A~tac~us~ent
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