HomeMy WebLinkAbout82-095RESOLUTION OF THE BOARD OF SUAERVTSORS OF BUTTE COUNTY
AUTHORIZING EXECUTION OF A GRANT CO~TRACT WITH THE
CALT FORtdIA ARTS COUI~CIL
WHEREAS, the California Arts Council and the California State
Legislature have established a State/Local Partnership Prograro designed to
encourage local cultural planning and decision mak~ng and to reach previo~s]y
^nder-served constituer~cies; and
WHEREAS, a plan for the ar~s in Butte County was subr~itted to and
accepted by the California Arts Counci~ at its pub1ic meeting of April 30th,
1982 ;
NOW, TtiEREFORE, the Board of Supervisors of Butte County does hereby
designate itself to execute s~andard agreement number AC-1912 in the form
attacf~ed and incorpora~ed by reference herein.
PASSED AND AD~PTED by the Butte County Board of Supervisors this
15th day oF ~une, 1982, by the following vote:
AYES: Supervisors Dolar~, Fulton, Moseley, Saraceni and Chairman ~lheeler
NOES: None
ABSENT: None
PlOT VOTING: f~one
.
A WHEELER, Chai r¢tian of the
B rd of Supervisors
A~'TEST:
ELEANOR M. BECKER, County Clerk and
ex- fficio Clerk of the Board
iTa17S OF.Z.T~.1rO~RNI}, •.._.. . ... ,.... . ~ .....~...... . .. ._
'~TW. ~3~ SR~-.V:' I 1/73f ~~ ~ ~ : .
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'HIS r1GREE11EiV7, made ~nd entered into tfiis ._j~~,.._ day of ~p.~ ~ 1g ~$2..
n the Staie o: Califomia, by and between StaEe oE Califomia, thraugh its duly elected or appointed,
,ualifiAd and acting, •
YLE QF OFFiCfiP. ACTFNG FOF{ STAT~
Direc~or
3 i a ~ .a ~ r. .a~ac~r+... .
4.a
~ {SgRT, OF GE~I, SER.
~ COhITROLLER
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ACEhFCY
Caiifor~ia Arts Cauncil
NUMOHR
AC -
euJter co!!ed the Sta~e, ancJ
Butte Countv Board of Supervisors
sa/tor cnlJod the Contractor.
Fti'ESSETH; That Ehe Car.tractor For and in considerafion of the covenants, condi#ions, agreements, ar~d stipulatians o€ the State
;einafter expressed, does hereby agree to furnish to tf~e State services and materials, as follows:
: forth senice to he rendered by Contructor, amo~nt tn ue paid Con~ractor, trme for perjarmance.or cnmpletron, and attach plcns anJ s~ecijications, ij ceny.)
Contrac~nr, hereinafter icnown as ~Y-e "Locat Fartner" sha~~ be pa7~ a Laca~ Pr~orities Grant
of ~~~~07.51 for arts ~rogramrn~ng zn t1~e county/city of sucte
in accordance u~r~~h the ~ocal~arts plans submi~t~d ~o and accep~ed by ~he Ca7ifor~tia Ar~s
Cou~c>> in i980-81, and as updated in 19~3~-82, and ~na~ched by doilar ar~oun~s of c~ty,
coun~y and schaol d~stricts` exp~ndi~ures for the arts. ~
Program Qb~2Ct7VE5 of the Sta~e/Locai Partnership ~roc~ram ~s~at~ached i~ereto ar~d ~s here~y
r~ade a part af this con~rac~ as Exhi6it A. -
Genera~ S~ate Re~uirements, ~air EmpToyr~ent Prac~~ces Rddendum and 5~4-Handicapped
Reg~la~ions are attached hereto and are hereby rr~~e a part of tt~is contract.
Paymer~~ sha~1 be made in advanc~ a~ter cor~trac~ approva7 upori su~mit~al o~ a p~•aaer
invoice from the Local Partner to CAC.
Dates : June 7, 1982 - June 1,~ 9~33
~e Qrovisions on the reverse side hereof constitute a part of this agreement.
:'IT,IESS ;tiHEREOF, this agreemer~t has been exec~ted by the parries f~ereto, upon tE~e date first at~ove ~vritten
STATE OF CALIFQRNlA I C~NTRACTOR
'^Cy • aONTRACTOR iIF 07FIEA SnI.H •N 1N~1viDVAt. 5T4TL Wk6THER >[OR?OR~'10~1
AApT,yLqS}~~P, TC.~
California Arts Ca~ncil ~~ • ~ ~utt~'unt Board o~ s er i.s rs
;tiusNar~~a~~ s,
gY Ip.U7F'~31ZEf,Z Sl~aruRF~
. E ~_ r iy~ e ~ -
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D~ rec ~ar
ADDRESS /~ ~j
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Depnriment at Generu! Services j .;r/Ol;N7 E:~CUM9SRE0 aPP~OPR~.tiYION FU~:O - ---
u~eONLY ' S 4,007.51 Loca~ Assis~anc2 G2n~ra1
I UNENCU~+•Bcr"ic0 ZpL.1t.C~ I iT2M CNA~TER STATUT~S FISC~:.. Y:AR
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1. The Contractor agrees ta indernnify, c~efend and save harm3ess the State, its offscers, agents
and emplUyees frarn any and alI ciaims and lasses at~ruing or resulting to any and ali ~onfraekois,
. _. .... subcontractors, znaterialmen, Iabocers and .iny other gerson, firm or corporation furnishin; or
s~pplying ~vark, services, m~tterials ar supplzes in connectian ~vith the performance of this contra~t, ~
~ ~ ar~d from any and aI: claims and ]osses accruing or resLlting to any person, firm or corgoration
who r~ay be injured or d~maged by the Cantractor in the performance of this contract.
•- 2. The Cvntractor, amd the agents and employees of Contractor, in the performanre of this
agreement, shaIl act in an independent capacity and not it5 O{~iCerS or ernplayees or agents of
State of Californsa.
3. The State may terminate t~is agreement and be relzeved of ti~e payment of zny consideration
. to Contractor shouId Cantza~tar fail to perform the co~enants I~erein contained at the time anc~ ~
' . in the manner herein provided In the eveiit oE such ter~nination the State may proceed with the
~ ~•ork in any m:~nner c~eerZed proper by the State. Tl~e cast to the State shaIl be deduct~c~ from
any sum due the Contractor under tl~is agreement, :-na the balance, if any, sha~l be paid the
~ Con#ractar upan demar~d.
, - .
' 4. ~Vithout the ~vt~i#ten cansenf o~ tI~e Stafie, this agseement is not assignable by Contractar
either in ~vhale or in part. ~
' 5. Tim~; is the essence of this agreerzzent.
, ~ ~ ~. No aiteration or variation of the tez~ns of this contr~lct shali be valid unIess made in writing
" ~and signEd by the parties here#o, and no oral anderstanding or agseement not incorparated herein,
shal~ be binding bn any of the parties hereta.
._ _ 7. The consideration to be paid Cantractor, as provided herein, shall be in ~ompensation for
all o$ Contractor's expenses e~~ussed in the performance hereof, inc~uding travel and per diem,
__„ ,. .,_unless otherwise ex~ressIy so pravit3ed.
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C O U N C I L~~
£X[~IBiT A
S~ATE/~.OCAL PAR~'N~RSHIP PROGRRM
O~JECTIVES
The California Arts Counci~ and the Sta~e Legis~a~ure have estabTished a State/
Lacal Partnership Program designed to enceurage lacaT cu~turaT pTa~n-i~g and
decision-making and ~o reach previously unde~served cons~ituenc~es.
1. Prov~de a mec~an~sm for more ~ffective local arts pianning a~~ to
coordznate such pTann~r~g witl~ state programs.
Z. Deve7op r~ra7 and suburban areas~whicf~ ~ave not fully part~cipa~ed ~n
ar~s programs.
3, Expar~d private sec~or suppart for arts at the local le.ve~. -
4. Give locaT government agenc~es ~h~ op~ortuni~.y ~o assist the California
Arts Councii i~ ~mprovtng arts programming.
~ 5. Provide a~are stabie base o~ sup~ort for ~h~ arts at the ~ocal ~evel.
6. Develo~ and fos~er ~f~e po~entzal ~or shared responsibil~ties hetween
~t~e Ca~iforn-ia Arts Counci~ and the locaT arts agenc~es in the adm~nis-
~ratian of o~her Counci7 ~ragrams.
7. Prevent dupi~cation and over~ap be~ween federal (adm~nistered through
California Arts Eouncll}, state, and loca7 pragrams.
8. Provide for incr~ased employrnent af art~sts.
9, Stimulate the ecor~amy.
~ 90~ l3roadx2y, ~ufte A. S,~cram~nto. Ca ~583 ~
_ _~ ~z , , . 915I44~-1~3Q
ART1C~~ ~ 1.
Se~tion 3640. GENERAL STA7'E REQUlREMENTS:
(1) The follawing requirements, in additian to any special conditions incorporated in tfia~California Arts Councii
Fur~ding CriEeria, are appiicable to and binc~ing upon recipients af grartts frorr~ the California Arts CnunciE.
(2) NOTE: Federal funds cannot 6e usad to match Federal fur~ds. Most af the funds that are aflocated in grants
from the CAC are State funds. Nowever, the CounciE alsa recaives funds from the Federal Government. Therefore, some grants
programs contain both federaf.and state funds. Caution shouid be used to insure that [he proper matching occurs.
Section 3544. PRQfECT DEFINED: As ~sed in these provisions, the tesm "project" shall be deemed to include a
speci~c project or ~ragram, or administrative or on-going slipport #ar the arganizatior~ affected.
(1) E.~CESS COSTS: in the event that the projecE Costs exceed the amount specified in the approvecf budget,
grantee agrees to compfete the project and fund the cost above said budget from sources other than 5tate funds.
(2) COST DJSALLOWANCE: Grantee agrees to use the grant funds saleiy for the purposes of the approved project_
Cost'items for the purppse of determining the "cast" of the project, as that te~m is used in these reguirements, shail include
cash expended (ar in lieu tf~ereof, contractlial obiigations incurred for the project] and the fair value, as determined by tf~e
Councii, of services ar products act;aa~Ey incorporated therein. The burcEen of proof shafl be upon ~he grantee to establish such
cost items, and such cast items may be disallowed if not adequateiy supported by tFte records. 5hauld grantee rnisapp[y any
grant m~ni~s, ancf fail to make restitution to the 5tate of any arr~ounts due under the terms of the grant agreement, in addit'snn
to any other remedy provided by law, the State shal! have, ta the extent of its appropriate claim, an ow~ership in any funds ar
property acquired wfth the use of such misappiied funds.
~3) ASSIGNMENT OR 772ANSFER: This $rant, or the prakect refating to this grant, shall not be assigned, s~b-let,
or transferred, in whoie or in part, without the prior concurrence of the Caiifornia Arts Cou~scil. ~
44) RETURN OFGRA/VT FUNDS EARMARKED BUT NO I.ONGEI? REQUIRED FOR SPECIFIC ITFMS: Where
tf~e budget specifies that grant funds are to be used for specific items, and sr~bseq~ent to the receipt of the grant, the grantee
obtains the same~without cost, or ata red~ced cost, the saving, except for gaod cause ir~ ti~e judgment of the Ca~ifornia Arts
Co~ncii, shaFl be prarrsQtly returned to ~e State. ~
(5) !IVDEMNITY CLAUSE: Grantee agrees to defend the State of Califorr~ia, its officers, agents and emp[ayees,
against any ~faims and to pay any ~udgments obtained against tf~e State of Cafi~'ornia, sts of#icers, agents arsd ampfoyees, arising
from any services ar rnaterials f~rnished, or any injuries or ather damages suffered by any party in connection with tf~e conduct
of the project, and agrees to hold the State harm~ess.
{6) TERMINATION: !f the CaEifornia Arts CounciE determir,es subsec~uent to the appraval of ~he project,
(t) grantee has failed to perform any of its obligations under tt~e grant, (2) grantee has assigned, sub-let, or transferred any part
of the project i~ vioiatian of Sect~o~ 3 above, or (3~ vio[ated any of the nther conditions of t~e signed contract, Councif rnay in
its discretion terminate 9n whole or in part, t1~e grant ~pan writtan ~sotice to ti~e grantee specifying the services terminated•and
the effective ~daEe of termina'tian. Within 6fl days of 5uch termination, grar~tee agrees to furnish the State an itemized accounting
of f~nds expended, ohligated and remaining under the grant. Grantee right of appea[ is determined by the regulations of the
State ControE Bqard.
(7) REDIJCTION OF STATE'S GRANT: ~iotwithstanding any other prov~sion of these requirerne~ts, should the
proje~t, to time af corrtp[etion, or termination in whoEe or in part, cost less [han the approved budgeted amaunt on which the
grant was based, grantee's matcFsi~g amourzts {~ncluding funds, or services ot products incorporated into the project in lieu
thereof) shafl be conclusiveEy deemed to have been expended fi~st, and the grant st~aEl be reduced by any arnounts remaining
after compfe[ian or termination of the project. Suth remaining amounts shall be prornptsy forwarded to t~e Arts Co~nc'sl.
(8) TRAVEL EXPENSES: Limieation on Allowable Costs - The CaliEornia Arts Council wilE not recognize as a
matchi~g cost, travai expenses, tha~gh incEuded in the project budget. .
r • ~1~ . .
(9) COSTS RECORDS: Grantee sha{E maintain comp~ete, acturate and current retords of .all 'sncome, inc[uding
obligations incurred with respect thereto. Such records, or copies of suci~ records, sl~all be kept separate from other cost records.
During [he duratian of the project and for not less than four years after com~letion or terminatioR of tF~e projeci, grantee shail
make available for examination or audit any books, doc~ments, papers or recards pertaining to the pro~ect, io the Ca[ifornia
Arts Council, Stata Controller or where pertinent, the F'ederal Government. Upan request of suct~ parties, grantee sha~f furnish
at iC5 awn expense legibEe capies of material they deam pertinent.
(10) EVALUATION AND EXPENDITURE REPORT.~: Grantee agrees ta furnish at such times during or upon tf~e
completion of the project, as may be determined by the State, and where requested by et~e State, on forms fur~isi~ed by the
5tate, evaluatian and expenditure reports re~ating to the project.
(1Z) INDEPENDENT CDNTRACTOR: Grantee shali not represent to any person, #oundation, group, organizatson
or goverr~ment entity, whether empioyed 6y it or r~ot, that it is acting as agent for the State or that it is e~tit{ed in any way to
act or incur o6ligations on behalf of the State.
{12) FAIR EMPLOYMENT PR~1 CTICES ADD~NDUM: The Fair Emp[oyment Practices Addendum, Stan~ard
~orin 3, (8/78) as amended from time to time, is herewiti~ made a part of these Genera[ $tate Requirerr~enCs.
(~ 3) TN/RD PARTlES: Nothing contained in the terms af the grant sha[I create or gsve to third parties, any claim
or right of action against the State.
(l4) APPRpVALS BY DEPARTM~NTS OF FINANCF AND GENERAL SERVlCES: 7~is grant shall nat be
deemed accepted, vaEid, or bindi~g, on the part of t~e State unless approved by the Departmer~ts of Finance and/or General
Services of the State of Cal9fornia, whare their approval is required.
{15) ENTIRE AGREEMENr: ~'he terms of the grant, whan the grant has been made, constitute the entira under-
standing between the parties hereta and no statement, promise, condition, understanding, inducement, or representation, oral
or wri~ten, expressed or impfied, wFsich is not contained i~erain shali be bindis~g or vaiid. After tf~e grant has been accepted by
the grantee, the terms of the grant shalE not be cf~anged, modified, or al[ered in any manner, except by an instrurne~t in writing
executed by tf~e parties hereto, subject, where required, to the approvals of the Departme»~s of Finance and/or General 5ervices.
(16) FEDERAL MINlMUM WAGE REQUIREMENTS: Grantee agrees that where the grant consists in w~sole ar in
part of Federal €unds, andJor State funds that a~l ~rofessional perFormers and refated or supporting personnel employed o~ the
praject wiiE be paid, without subsequent deduction or rebate an any account, not less than t~e minimum compensation as deter-
mined by the Secretary of ~abor to be the prevaiiing minimum wage af the State of Ca~ifornia for persc~ns emp[oyed in simiiar
activities. For the proper construction of this section, grantee is refesre~ tq Part 505 of Tit1e 29 of this Code of Federaf Regula-
#ians, as last amended June 19, i972, and as it may be further amended from time ea time. •
4~7) M~'NTION OF THE "CALIFORlVIA ARTS CDUIVCIL"AND "NATlONAL ENDOWME'N7~ FOR Tfl; ARTS"
OR ANY FEDERAL AGENCY SUPPORT.• ]n any printed, visuaJ or recorded matter, or ir~ any exhibition, display or perfar-
mance, which describes or is prepared in connection with, or results in whole or pari f~om the g~ant, mention shail be made af
the California Arts CounciE's support, and where the grant is derived in wha~e or in part frorr~ FederaE funds,of tf~esupport,of
the Federal AgenGy. Gopies of printed matter conxaining scach mention sho~ld be sent to the CAC witF~ tf~e evaluation report
req~ired by the terms of the grant. Any documents tontaining such rnention shall s~ecify that any findings, opinian, or ton-
c[usions contai~ed therein are not necessariiy thase of the California Arts Counci] an~, where applica~le, not necassarily those
of the Faderal Government or tl~e Nationai Endowment for the Arts.
(1$) EVALUATIQN: The finaE ten percene (10%) of tt~e grant award will he withhe[d u~tii grantee has submitted
the fnaf evalution report. ~
FA1R EMP~OYMEIVT PRACTICES AD~EN~UM
1. in the perfiormance of this contract, the Contractor wiEl nat discriminate against any employee or ap{~I+cant
for emQloysnent beca~se of race, color, refigion, ancestry, sex*, age*, nationai origin, or physical ~andica~*. The
Contractar will take affirmative action to ensure that appiicants are employed, and #i~at employees are treated
during employment, without regard to their raee, calor, religion, ancestry, sex*, age*, na#ional origin, or physical
handicap*. Such action shall 9ncfude, but not be limited to, the fol~owing: errip~oyment, ~pgrading, demo~ion
or transfer; recruitment or recruitment ad~ertising; layaff or termination; rates of pay or other forms of corr~pen-
sation; and seiection for training, including apprentice5i~ip. 7he Contractor st~all ~ost in conspicupus places, a~aii-
able to em{~layees and app~ir.artts for employment, natices ta be provided hy the State setting forth the provisions
of this ~air ~mploymen# Practices se~tion. ~
2. The Contractor will permit access to his/her records of errtployment, employmenf adverfisements, appl9ca-
tion forms, and other pertinent data and records by the 5tate Fair Emplvyment Prac#ices Commission, ar any
other agency of the State ofi Califorr~ia designated 6y the awarding autnoriiy, for the purpose of investiga#ion to
ascartain cornplian~e wifh the Fair Employment Practices seCtion of this ~ontract.
3. Remedies far Willfu! Vioiation:
(a) The State r~ay determine a wiElf~l ~ialation of the Fair Empioyment Practices pravisian to have
occurred upon receipt ~of a fir~ai judgement ha~ing tha# effect from a court in an action to which
Contractor was a parfy, or upon receipt of a written notice from #he Fair Employment Prattices
Commission tha# it has investigated and determined that the Contrac#or has vioiated the Fair ~mploy-
.ment Practices Act and has issued an order, under Labor Code Section 1426, whicts has become final,
or obtained an injunctior~ under Labor Code Section 1429.
(b) For willfui violation, of this Fair Empioymenfi Practices provisior~, the State shall have the rigF~t #o
terminate this cor~tract either in whole ar in part, and any Eoss ar dartage susta'sned by the Sta#e in
securing the goods ~r services hereunder sha[t be borne and paid for by the Contractor and by his/her
surety under the perfarmance bond, if any, an[! the State may deduct from any moneys d~e ar that
thereafter may become due to the Contractor, the difference between #he price named i~ the contract
and the ac~ual cost thereof to ihe SEa#s.
*See Labor Cade Sections I4I1 - 1432.5 for further details.
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; 504 - HANDIC~,PPED REGULAT~ONS
Regulati,ons ~or Nonaiscrimin~tion
on the Basis of Handicap
~ These regu~atior~s implement section~504 of ~he Rehabilitation Act
. of 1973, Pub. L. 93-~.12, 29 U.S.C. 794. Section ~04 provic~es that
"no otherwise qualified f~andicapped individual sha3.~., solely E~y ~
reason of hi.s ha~ndicap, be excluded from the participa~zen in, be
denied t~te benefi~s o~, or be sub~ected to discrimznat~.o~ under any
program or act.ivity receiving tederal financial assistance." The
- ~ regulations de~ine and ~orb~.d acts of discrimination against
qua~i£ied handica~ped pe~sons in programs and acti~i~.ies receivi,ng
federa~, financ~.al assistance .from the Nat~o~a~. Endowment zor the
Arts. As employe~rs, recipients are proi~ibit~d from engaging i.n •
. discriminatary employm~nt practac~s on the basis of Y~andiczp and
must make reasonab~,e accornr~oda~ion to rhe handicaps of emp,~ayees
un~ess ~he accommodation wo~Id cause the employer undue ha~dshzp.
As provide~s o~ serva.ces, recir~i~~~s are requ~.red ~o ~ake progra~s
operated in existing facz~ities accessibZe to handicapped ~ersons,
to ensure tha~ new ~acil.i~ies are construc~ec in a mannez reac~ily
~'acc~ssib~e to handicapped nersons, and to opera~.e fheir pragrams
~ in a no.~d~scriminatory r~anner.
Foz further i.nformation con~act: ~obert Wade, Genera~. Counsel,
National Endowment for the Arts, 2401 E Str~et, N.t4., Washington,
D.C. ~05~6, 202--534-6588. . '
Grant~es r~ceiving. on~.y Skate funds should be aware that the
..S~ate is in the process o~ issuing similar regula~ions and
that grantees will be required to a~here to the regu~.atia~ns
during the course of this FY 8I-3~, grant even if th~y aze no~
"receiving fe3era1 NEA funds.
~~u~; ~ ~~~~e~; n~ ~ c~ ~ o ~ a ~ ~ o ~ ~
Los Artge~ es, CA .
April 3~, 1982
WHEREAS the Ca,lifornia Arts Counci~l budget for 3.981-82 ca11s far the
con~inuation of the State/Local Partnership Program, and
WI~iEREAS Che awarding of contracts to arganizaCions under this program
is•established by regulation, and
WHEREAS the regulations speczfy that award recommendations wiJ.I be
gresenteii ~o ~he Council, which will malte the f~.nal decision and
awards at a pub~.ic meeting, and
WHEREAS ~xecu~ive Order B47-82, as issue~ by Governor Edmund G. Brown, Jr.,
on March 11, ].982, has creat~ed adminisCrati.ve difficulti.es for the Counc~.3
~ vrith regard ~o awarding State/Lacal Partnership grants for 1981-82, and
WHEREAS Section $75~ a£ the Council's enabling legi.s~a~zon allows it to
~~ de3.egate to the directa~ the =esponsibi~i.~ies for carrying our Counci,3~
palicy,
NOW THERE~'4RE ~E ~'£ RESOLVEA 'THAT:
' The Ar~s Coe~nci~ recei,ve the award recor.~mendatzons and make. approval
_ - to fund granCs~in ehe 1.581-$2 State/Local Partne:shig Frogram, and
BE IT FT3RTHER ~ESOLVED THA.T:
The Council del~gates fio the director its responsibilify Co fund ang ~
. remaini.ng I9$~:-$2 State/Loca~ Partnership grants tha~ may have aot
~ been-awarded at i~s public meeting on April 30, 19$2.
"I hereby cer~ify that the foregoing~ is a~ru~ surrunary of ~t~e mot~on passed by ~
tne Cour~c~ ~ . " - ~~
'~ lrfi 11 i am B, Cook , D~ rec~or
~ CALI~ORN~A ~,RTS ~~~JI~1~IL