HomeMy WebLinkAbout82-094RESOWTI~N OF THE BOARD OF SUP~RVISORS OF SUTT~ COUNTY
APPROVING TH~ LOCA~ ARTS PLAN AND A~TNORIZING EXECUTING
QF A GRANT CONTRACT I~JITH TH~ CALIFORNIA ARTS COUNCIL
WHEREAS, the CaZifornia Arts Council and the California State
Legis1ature have estabiished a State/I.ocal Partnership Program designe~ to
encourage local cultural pianning and decision-making and to reach previous~y
underserved constituenciss; and
WHEREAS, a 7oca7 arts plan was developed for and submitted to the
Butte County Board of Supervisors; and
WHEREAS, a p1an for the arts in Butte County was submitted to and
accepted by the California Arts Council at its public meeting of April 3Q, ]982,
NOW, THEREFORE, the Butte County Board of Supervisors does hereby
approve of the loca7 arts plan and designates itself to execute standard
agreement number AC-1912 in the form attached and incorporated by reference
herein.
PASSED Af~D ADOPTED by the Butte County Board of Supervisors t3~is 15th
day of ~une, Z982, by the foltowing vote:
AYES: Supervisors Dolan, Fulton, Moseley, 5aracer~i and Chairman Wheeier
NOES: None
ABS~NT: None
NOT UOTING: None ~ ~~
DA WHEELER, Chairman of the
rd of Supervisors
ATTEST: ~
~LEANO . BECK R, County Clerk and
ex- 'cio Cle of the B rd
By
.~ I HIV Vk~LI HC7IC~.~ MC{~{ I ~- ATTORNEY y^sEh}E RAL . -
ST~i~€ p~ ~C/..4.IFpRNSA , , ~
srn. 2 ;pE ~. ~ f/~5f f:.~
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TFi15 r1GREEt,3EIVT, made and enEered into tltis ~~~day of, .li~na , 19_$~,
in #he State oi Ca~ifomia, by a3id between State of CaliEorrtia, tf~rough its duly e€ected ar appointed,
gualified and ac#ing •
^ STA7F AGtt4CY
^ L~EPT. OF GEN. SFR,
^ CONTRO~LER
~
^
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TITLE CSF OFFICEP. ACTING FOR STkTE A!]ENCY NUMd~R
Directar ~ Califor~ia Ar~s ~ounci7 AC - 1912
~~ereaj~er ca!!ed the Stote, a~7t!
Butte Countv Board of Su~ervisoxs
~ereafter colled the Cantr~ctor.
L~~ITNESSFTH: That the CanEractor Eor and in consideration af fhe covenants, conditions, agreements, and stipulatians of the State
'ne:ein~f~er expressPd, does hereby agxee to furnisf~ [o the State servsces and materials, as follows:
,`Sel farih serti•ice to be rendered hy Contrpcior, omount to be priid Coatractor, time (or per(ormuncs or cnmplelion, and a~tQCh pJcns ai~d speci(icatinnG, i j uny.J
Can~ractor, hereir~a~'ter knawn as the "~ocaT Partner" sha11 ~e pa~d a Local Priarities Grant
of ~ 4,a07,51 for arts nrogramm;ng in the county/city of Butte
ir~ accardance ~rith the ioca~~ ar~s plans s~bm~t~ed to and acc~pt~d by tf~e Caii-Forn~a Ar~s
Councii ~n i98Q-S1, and as upda~ed i~, 19~3i-82, and ma~ched by daliar amounts of c~ty,
coun~y and school distr~cts` expend~tures for the arts. ~
Program Objectives of the State/Loca1 Partnership ~roc~ram 3s~at~ached h~reto and is hereby
r~ade a part of this contract as Exhi~it ,~. ~
General State Requireme~ts, Fa~r Emp1oyment P~ac~~ces Addendum and 504-Hand~ca~ped
Regu7azions are attached hereto and are f~ereby rr~~e a part o~F t~is can~ract.
Fay€~~nt sha7 i b~ made ~ n advar~ce after con-tract approva~ upon s~bm~ ~~a~ o~ a~r~o~er
invaice fro~n the L4cal Par~ner~ to CAC.
Dates: J~ne 1, T982 ~~une 7, 1933 ~
The prorisions on the re~~erse side heieof constitute a part of this agrEement.
d 1~'FTVESS ~i'HFRE~F, this agreement has been executed by the pa~ties ~ereto, upon the da#~ first above ~vritten.
STAT~ 0~ CALIFORNlA I CONTRAC~QR
GEh1CY ~ COHTRAC70R 11F OT{~ER THAit AN IHOIViOU'~i, STATC lYly~TH~R ~ CORPORA:ION
PAR7YE55H[P, T~,) -
Cai~~ornia Art Council Butt ~n~ Board of s er isors
Y ikU7HOREZ~ SIGH - I gY SAU7 IZE 51 AiA7UR f
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UseONLY ~j 4,fl~].57 ~.OC&~ AS5t5tr3C1CE G2nera~
~ Uf4EhSCl}N.F3=ft~D E~LAr;CE fTcM CHAaT~R i $711TUT~5 F~SCAL YE6R
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~. The Contractor agrees to indemni#'y, defend and save harmless the State, its officers, ag~nts
and ernpl~yees fram any and aii clafms and losses accruina or resul#ing to any and aII contractors, .
. _. ... subcontractors, materialmen, ]abarers and ~iny other person, firm or co~rporatian furnishing or
supplying ~ti~ork, services, materials or supplies in ronnec#ian tivith the performance of this con#ract, ~
-~ and fmrn any and aI: claims and ~osses accruing or resulcing to any person, firrn or corporation
who may be injuzed or d~maged by the Contractor in the pe~rformance of this contract.
-~ 2. The Contractor, and the agents and employees of Contractor, in the performance of this
agreement, shal2 act in an independent capacity and nnt as ofE'icers or ernployees or agents of
State of Ca]iEozzzia.
3. The State rnay terminate this agreement and be reiieved of the payment of any consideration
, to Contractor shou~d Contractor fail to perform the covenants herein contairied at the tirne ana ~
~ -. in the rnanner herein provided. In the event of such te~rnination the State may proceed with the
~ ~sark in any manner deerzed groper by the State. The cast to the State sha31 be deductec~ from
any sum due the Contra~tar under this agreement, and the batance, if any, shall be paid the
~ Contractor upon dernand. ~
~
' 4. bVithout the writfen cansent o# the State, this agreement is nat assignable by Contractor
either in ~vhole or in part. ~
~ 5. Time is the essence of this agreernen#.
~ 6. No alteratian or variation of the terms of this cantr<~ct sha22 be valid unless made in ~vriting
~ 'an~ signed by the parties hereto, and no oral understanding or a~reemen~ not incorpqrated herein,
shaiI be binding on any of the parties hereto.
__ _ 7. The consideration to be paid Contra~tar, as pro~ided herein, shall be in connpensation for
ali of Contrac~or's expenses incurred in rhe perform~-nce herenf, iracluding travel and per diem,
.._ _. ._.unless othenvise express~y so provided.
. _ _ .
'~". " C ~,4. 'L I F O R~~N T A
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C O U N C Y L ~
EXHIBII' A
STAT~/L~CAL FARTNERS}~IP PR{}GRANf
OBJ~C1'IV~S
The Californ~a Arts Co~rnc~i and ~he State Legisla~ure have established a State/
Loca1 Partnership Program designed ~o encourage local cul~ural p7anning and
decision-maic7ng and to reach ~revio~s3y underserved constituer~cies.
T. Provide a mec~ranism ~or more effective ~oca~ arts p1anr~ing and ta
coordinate such planning with s~a~e programs.
2, heve~op ruraT and s~burban areas which have not fu~ly partic~pated in
arts programs.
3, ~xpand private sector suppor~ for arts at t~e iocal 7eve7.
"-,. Giv~ 1oca1 goverrment agpncies the o~por±~!n~t.y to assist t5e Cal~fornia
Ar-~s Council in improving arts programming,
5. Prov~de a more stable ~ase af support for t~e ar~s at ~he ~ocal level.
6. Develop and foster ~he potential for shared responsibilities ~etween
the California Arts Counci~ and ~he lacal arts agencies ~n the adm~nis-
trat~on af other Council programs.
7, Prevent duplicatiat~ and over~ap between federal (adminis~ered through
Califorr~ia Ar~s Cauncil), state, and TocaT programs.
8. Provide for increased em~loyr€~en~ of artists.
9. Stimu~ate the economy.
~
~ ~43. t3road+~ray, Suite A. Sacr'~me~ta. {~ ~581 ~
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A.RTICL~ 11.
5ection 3640. GENERAL STATE REQUIREMEIV7"S:
{~) 7he following requirements, in addition to any special conditians incorporated in the California ArtS Counci]
Funding Criteria, are applicable to and binding ~~on recipients of grants from the California Arts Councif.
(2) N07'E: Federal funds cannot be used to match Federal funds. Most of t~e furtds that are aflocated in grants
#rom the CAC are State fu~ds. However, the Council also receives funds from the Faderal Government. Therefore, sorrie grants
programs cantain both federal and state funds. Caution sf~ou[d be used to insure that the proper matching occurs.
Sectio~ 3644. PROJECT DEFINED: As used in these pro~isions, the term "project" shall be deemed to incfude a
specific project or program, or administrative or on-going support for the organization affected.
(1) EXCESS COSTS: ln the ever~t that the project costs exceed the arr-ount specified in the appro~ed bu~get,
grantee agrees to complete the ~raject and fund the cost above said budget from sources ather than State funds.
(2) COST DISALLOWANCE: Grantee agrees to use the grant fun~s solely for the purpases of the approved project.
Cost~items for tE~e purpose of determir~ing the "cost" of the projece, as that term is used in these requirements, sf~al{ include
cash expended (or in lieu thereof, conrractuaf obligations incurred for the project} and the fair value, as determined by the
Council, of services or products actaaily incorporatad therein. The burden of proof shal~ be upon the grantee to estab[ish such
cost items, and such cost items may 6e disaElowed i~' not adequately supported by the records. Should grantee misapply any
grant monies, and faif to make restitution to Yhe State of any amounts due under the terms of the grant agreement, in addition
to any other remedy provided by [aw, the State sha11 have, to the extent of its appropriate claim, an ownership in any funds or
property acq~ired with the use of sucF~ misap~lied fu~sds.
{3) ,4SSIGNMENT OR 7"RA1I~SFER: This grant, or the project relating to this grant, shalE not be assigned, sub-let,
or transferred, in whoEe or in part, without t[~e prior conc~rrenca of the California Arts Cour~cii. ~
(4) RETURN OFGR,4NT FUNDS EARMARKED BUT NO LONGER R~'QUIRED FOR SPECIFIC ITEMS: Where
E~e budget s~ecifies t1~at grant ~'unds are to be used for specifrc iEems, and subseqUent to the receipt af the grartt, the grantee
obtains the sarr~e~without cost, or at a reduced cast, the saving, except for good cause in the judgrrier~t of the Califor~ia Arts
Car~ncil, shali be promptly returned to the 5tate. -
(5) INDE'MNITY CLAUSE: Grantee agrees to defend the State of Califarnia, its of~cers, agents and employees,
against any c~aims and to pay any judgrnents obtained against the State of Ca[ifornia, its officers, agents and employees, ar-ising
from any services or materiaEs furnished, or any injur'ses or other damages suffered by any party in connec[ior~ witF~ the conduct
of tF~e project, and agrees to hnfd the State harmless.
(6} 1"ERMINATI~N: If the California Arts Council determines subseqc~eni to the approval of the project,
(1) grantee has faiEed to perform any of fts obfigations under tf~e grant, (2) grantee has assigned, s~b-let, or trans~erred any part
of the project in violation of Section 3 above, or (3) vioEated any of the other conditions o~ Ehe signed cantract, Councii may in
its discretion terminate in whale or in part, the grant t~pon written notice to the grantee specifying the 5ervices terminaEeci ~and
the effectiva clate of termina'tion. Within 60 days of such terminatian, grar~tee agrees to furnish the State an itemized accounting
of funds expended, obfigated and remaining under the grant. Grar~tee right of appeal is determined by the regu~ations of the
State Control Board.
(7) REDUCTlON OF 5TA7'E'S GRANT: Notwithstanding any ather provision of these requirements, should the
project, to tirr~e of comp{etion, or termination in whole or in part, cost less than the approved budgeted amount on which ti~e
grant was based, grantee's matching amounts ~inciuding fur~ds, or services or products incorporated into the project in ~ieu
thereof) shaEl be canclusively deerr3ed to have been expendecE first, and the grant sha31 be reduced by any amounts remaining
after compietion or terrninatian of the project. Such remaining amounts shail be promptiy forwarded to the Arts Council.
(8) TRA VEL EXPE'NSES; Limitation on Allowable Costs - l"he California Arts Council will not recognize as a
matching cost, trave! expenses, though included ir~ the project budget. .
" i r •.
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{9) COSTS RECORDS: Grantee shalE rrEaintain corr-plete, accurate and current records of al{ incame, including
obligations incurred with respect thereta. Such records, or copies of such records, shall be kept separate from other cost records.
During the duration of the pro;ect and for nat fess than fo~r years after campletion or termination of the project, grantee shal]
make available for examination or audit any baoks, documents, papers or records pertaining to the project, to the California
Arts CounciE, State Controller or where pertinent, the Federa~ Government. EJpon request af such parties, grantee shalE furnish
at its own expense legible copies af material they deem pertinent.
(i0) EVALUATlON AND EXPE'NDITURE REPORTS: Grantee agrees to fumish at such times during or upon the
completion of the ~roject, as rnay be determined by the 5tate, and where requested by the 5tate, on forrns furnis~ed by the
State, evaluatio~ and expenditure reparts relating to the project.
(11) 1ND~'PEND~'N7" CON7'RAC7"OR: Grantee shal! not represeni to any person, foundation, group, organization
ar governrnent en~i[y, whet~er employed by it or not, that it is acting as agent far the State or tha~ it is entitled in any way to
act or incur obligations on behalf of the 5tate.
(~2) FAIR EMPLDYMENT PRACTICES ADDENDUM: The Fair Employment ~ractices Addendum, Standard
Form 3, (8~78) as amended ~rom time to [ime, is herawith made a part of #hese Genera[ State Req~ireme~ts.
(13) THIRD PAK77E'S: ~lothing contained in tf~e terms of the grant shall create or give to tl~ird parties, any claim
or right of action against the State.
~14) APPROVALS BY DEPARTM~NTS OF FINANCE AND GENERAL SERVICES: This grant shakl not be
deemed accepted, valid, oE binding, on the part of the 5tata uniess approved by t~e Departments of Finance and/or GeneraE
Services of the State o~ California, where their approval is required.
(1 S} EN7~IRE AGREEMENT.~ The terms of the grant, when ti~e grant has been made, constitu[e the entire under-
standing between the parties hereto and no statement, promise, condition, understanding, inducement, or representation, aral
or written, expressed or implied, which is not corstained herein shal~ be binding or ~a[id, After the grant ~Sas been accepted by
the grantee, cF~e terms af the grant shalf not be cnanged, madified, or altered in any manner, excepY by an instrument in w~~ting
executed by tMe parties E~ereto, subject, where required, to the appravals of the Departments o~ Finance and~or General Services.
(16) FEDERAL MINIMUM WAGE REQUIREMENTS: Grantee agrees that where the grant consists i~ whole ar in
part af Federal funds, and f or State funds that alI professional performers and relatec! or supporting parsonnel employed on the
pro~ect will be paid, without subsequent deduction or rebate on any accaunt, not less than the minimum compensation as deter-
mined by the Secretary of Labor to be the pre~ailing minimum wage of the State of Califarnia tor persons employed in similar
activities. For the proper construction of this sectior~, grantae is re~erred ~o Part Sa5 of Title 29 of this Code af Federal Regula-
tions, as last amended J une 19, ~ 472, and as it may be further amended from time ta tima. •
(17) MENTION OF TH~ "CALIFORNIA ARTS COUNCIL"AND "NATIONAL ENDOWMENT FOR 7Y,~ ARTS"
DR ANY FEDERAL AGENCY SUPPORT.• !n any printed, visuai or recorded matter, or in any exhibition, dispEay ar perfor-
rr~ance, which describes or is pre~ared in connection with, or results in whole ar part from the grant, mention shall be made of
the Ca3ifornia Arts Council's support, and where the grant is derived in whole or ~r~ part fram Federal funds,of thesupportof
the Federal Ager~cy. Copies of prir~ted 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 s~al! specify tf~at any findings, opinion, or con-
cl~sions contained therein are not necessarily those of tha Galifornia Arts Council and, where applicable, not necessarily tha~e
of Ehe Federal Government or the National Endawment far the Arts.
(18) EVALU,~TION: The ~nal ten percenE (l0%} o~ the grant award wilE be withheld until grantee has subrnitted
the f nal evalution report. ~
FAIR ElV1PLOYMEIVT PRACTfC~S Af]DEfVDEJM
1. In the perfarmance of this contract, the Contrac#or will not discriminate against any employee or applicant
for employmeni because of race, coior, religivn, ancestry, sex*, age*, nationaf origin, or physical har~dica~*, The
Contractor wilE take affirmative ac~ion to ensure that applicants are empEoyed, and,that employees are treated
during employmen#, wi#hout regard to their race, color, religian, ancestry, sex*, age*, natianal arigin, or physical
handicap*. Such action shall include, iaut nat be limited to, the following: employment, upgrading, demotion
or tcansfer; recruitrr~ent or recruitment ad~e~-tising; layoff or fermination; rates of pay or other forrns of compen-
sation; and selection fqr training, inciuding apprenticeship. 7he Contractor shall post in conspRcuous places, avai~-
abl~ #a einployees and applicants for employment, no#ices to be pro~ided by the 5#ate setting forth the provlsions
of this Fair Employment Practices section.
2. The Contractor wifi perrnit access to his/her records of employrrrent, employment acEver#isements, appiica-
tion forms, and other pertinent data and records by the S#ate Fair Emplayment Practices Commission, or any
other agency of the State of California designated by the awarding autharity, for the purpose of investiga#ion to
ascertain compliance with ti~e Fair Employmen# Practicas section of this contratt.
3. Remedies for WiElful Violation:
(a} The 5tate may cietermine a wiElful violation of the Fair Employment Practices provisio~ to ha~e
occurred upon receipt of a final judgement having that effect from a court i~ an action to which
Contractor was a party, or upon receipt of a written natice irom the Fair tmploymenf Fractices
Commission that it has inuestigated and determined that the Contractar has viofa#ed the Fair Employ~
.ment Practices Act and has issued an orcier, under Labor Code Section 1426, which has become final,
or of~tained an injunction under Labar Code 5ection 1429.
(b} For willfui vioiation.af #his Fair Employment Practices provision, the State shal~ have the right to
terminate this contract either in whoEe or in part, and any loss or damage sustained by the Stata in
securing the goods or 5er~ices hereunder sha[I be barne and paid for 6y the Contractor and by his/her
surety under #{~e performance bond, if any, and the State may deduct from any moneys due or tha#
thereafter rnay became due to the Contractor, the difference between the price r~amed in the contract
and the actual cost thereof to the State.
*See LaSar Code Sections I411 - 1432.5 for further defarls.
SYo, 9 ~8J77~
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; 504 -- HANDICAPPED REG~ILATIONS
,
r~egulations tor Nonaiscrimin~~ion
on the Basas of Handicap
These zequ].ations imp~emen~ sec~~.on~504 of ~he RehabiZitatfon Act
. of 1973, Pub. L. 93-Z~2,~29 U.S.C. 794. Sectian SQ4 provides that
"no otherwise qualif~.ed handicapped individvax shaZl, soLely by ~
r~ason of ha.s ha~ndicap, be excluded fram ~he participatien in, be
deniec3 ~he b~nefits of, or be svbjected to dxscrimination under any
program or activity receiving federal ~inanciaZ assistan~e." The
• regulations define and farbid acts of di.scrim~nati.on against
qr~a3.ified handicapped persons in prograrrts and activities receiving
federal finan~ia~. assi.stance fro~n the National Endowr~ent for the
Arts. As employers, recip~,e~tts are proh~.ba.ted from engaqing in ~
~ dascriminatory err~p~.oyment practi~es on the ~aa:sis of handic~p and
must make rea5onab~~ a~coinraodation to the ha~tdzcaps of empZoyees
t~n~.ess the ac~ornmodation.wouZd cause t~e employez undu~ hardship.
As prov~ders of services, recipien~s are requirec~ to ma~Ce prog~ams
opera~.ed xn existing taci~i.ties accessibie ~o handicapped persons,
to ensure tha~ new fac~.li.tie~ ar~ construc~.ed in a manne~ readily
~'accessa.ble to ha~dicapped pErsons, and ~o opera~e their programs
in a no:~discriminatory r~anner.
F_or f~rther infarmati.on contact: Roi~ert Wade, Genera]. Counse].,
Nationa,l Endowment for ~he Ar~s, 2401 E Straet. N.W., Washington,
D.C. ~QSQS, 2Q2--~34-6588. . •
Grantees recea.ving. on3.y State funds sho~Zd be aware that the
~..State is in the process of issuing similar reg~3ations and
that grantees wiZl be req~ired to adhere to th~ regula~io~ns
during the course of this FY 8~-82 grant ~ven ~£ tYiey are not
.~rece~ving fe3eral NEA funds,
. ~
N'u~i 7 !' ."'le~~i ng ~ ~ ~ ~ ~ o '
Los An~e~es, CA ~ ~~~ O~ .
Rpril 3~, 1982 .
, W;~EREAS the Cali.forn~.a Arts Gaunci~l budget for 1981--82 calls for ~he ~
continuation af the 5tate/Local Partnershi.p Program, and
WHEREAS ~he award~ng of contracts ~o organizations under this program
is~established by regulation, and~
WHEREAS the regula~ions specify that award recommendations ~,rill be
presented to the Coun~il, which wi1Z make the final decision and
awards at a pub~ic meeti.ng, and .
WHE12~A5 Executive Order B97-82, as issued by Gpvernor Edmund G. Brown, .Tr.,
on March ii, ~982, has created adr~i.nistrative~difficulties foz the Cauncii
w~.th regard to awarding State/Local Partnership grants for 3.981-82, and
43HEREAS Section 8754 af the Counci.l's enab].ing legis~ati.on al~ows it to
`~ delegate ta th~ directar the responszbiJ.ities for carrying our Counci3.
po~.icy,
NDW TH~REFORE $E I'~ RESOLVED THAT:
' The Arts Coe~ncil receive the awaxd recor.~menc~ations and make a.p~roval
to ~und grants_in the 198~-$2 State/Lacal Partne~ship Program, and
BE TT ~'U12THER RESOL'V~D THA'~:
. ~ The CounciZ delegates to the dzxector its respons~bility to ~und any ~
remaining 1981:--82 State/Local Partnezshi.p grants ~hat may h.ave noti
been~awarded at its public meeting on April 30, 1482.
"I hereby certify that the foregoing-is a~rue surnmary of the motion passed by „'
th~ Council." - '
. . ~
~ ~ ld-illiam B. Cook, ~irector
~ C1-~L~~ORN[A 1~RTS CC~~JNC~L ~ `
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