HomeMy WebLinkAbout83-090RESOLUTION '',REVISI~G RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COU~TY
OF B~TTE aP.PROVI~G FHASE II OF TNE ~OCAL ARTS PLAN, AS SUBMITTED TO THE
CALIFORNIA ARTS COUNCIL BY BUTTE COUNTY ARTS CO~MISSiON AND RUZHORIZI~G
EX~CUTION OF A GRANT CO~TRACT ~ITH THE CA~IFORNIA ARTS COUNCIL
WHEREAS, the California Arts Counci~ and the California State
~egislature have established a State/Local Partnership Program designed to
encourage local cultural pZanning and decision-making, and to reach previously
underserved constituencies; and
4JHEREAS, the Board of Supervisors designated the Butte County Arts
Corran9ss3on 'to develop and subm~t Phase IT of the local arts plan; and
WHEREAS, that phase has now been submitted to the Boerd of Supervisors.
NOW, THEREFORE, BE IT RESOLUED that the Board of Supervisors of the
County of Butte does hereby approve of Phase II and designates the Butte County
Administrative Office to execute the 1982-83 7oca1 priorities grant contract
with the Catifornia Arts Council, contingent upon, approvai of the Phase by the
CAC.
D AND ADOPTED th~s 7th day of ~une , 1983, by the
following vote:
. Supervisors Fulton, Moseley, Saraceni, wheeler and Chair polan
. None
ABSE~T: None
NOT VOTTNG: None
J N ~ L , ha7r
But e County Board of Supervisors
ATTEST:
ELEANOR M. ;BECKER, County Clerk-Recorder
and ex ffi'cia Clerfc of the Board of
Sup~r~ors
S~~iRf~ARD ~GR~~M~NT -- : - .._- ~ , _~
$TFTE•~F G:.L~`L?RNik ' ~,,~.,
TH1S AGR.~E~I~NT, macie and enieredeinto this ~~~ day of ~k~'~ ~ , 14 8~
in the State of California, b~° anci heiu~een State of California; ihroueh its du]y elected or appointed,
quali~ed and acting
TIiL"c G~ 4F~ICE~+.~.C71i+lG FOF S~f.TE ' j~.GEI~lG~'
~~reetor ~ ' j. Cal~forn7a Arts CQt~nci1
er cn~ eG 1 rt• rafe, an I . _ • "
rhe C.ar,rrntror and/ur
~ GOti:~xC10H
~ S7i,-E ~.G'cNGY '
~ DEPT.OF GEI:.5ER
~ C01:TFCLLE~
^
^
AC- 2863
WiTNES5~TH: That the Cor~traccor for and in consideration of the covenants, conditions; agreements, and stip~lations of the State
hereinafter expressed, daes hereby z~ree ao furnish to the 5tate ser~~ices and materials; as fol]ows: •
(5~~ forah serrkP ro EF rPrdered 6r Conlrartor, ct.mUUn1 io be paid Conirerlor, ~ime ku per/ormnnce or con:ple~ior,, and arroch plans and sperrtcations. if om•.)
C~or~trac4or, a~so known as the "Loca~ P~rtr?er", shal.i be paid a Loca~ Prl~~"i'~i.~5 Graf~t~Of _
$ ~ , ~ 7~ for arts ~rograr~7mi ng ~ n ~he county/c~~~y of ` B~tte ~ ~~ ` ~ ~ ~ ~ i n
accordance Uri th ~he 7 ocal arts p~ an a5 s~bmi tted (~and updated ~o `the Ca11 ~ orni a Arts Cour~c~ 1
and maiched by county, clty and 5chool Im~rovement Pragram ~irec~~ex~enditures for the ar~s
a*~d ~ne Local ~artner's;arts budnet,~ exciu~i~ng 'State arts ~o~lars. ~ ~ .
Pro~ram Objectives o~ Lhe Sta~e/Local Par~nership Program are attacYie6 hereto and are hereby
made a part of this cor~tract as Exhi~it ~, °
~eneral Ca~ifornia Arts'Council Requ•irements and th.e Fair Employment Practices Addend~m are
attached here~.o and are' hereby ma6e a part af tl~i's contract.
Payment sha~l be made in advance after Contr~Ct approvQl ~pon submit~a~ of a proper invo~ce
from~~~e Local Partner to t~e CRC. ~ '
uates: June 1, i°II3 - A,ugust 31, 19s3• ' ~
Ta~~1 ~a be Paid: '
The provisians on the reverse s'sde hereof constitute a part of this a~.*reement.
TN ~'IT?~`ES5 «~ H~R~OF, this agree:nent ha~ been executed bv the parties hereta, upan the date first abo~~e ~ritten.
STATE OF' CAL~FOR~IA CONTRAC~~OR
,
AGENCY '. . COr.~Tn:.G~4r. r~F.^.~nc~ i.+r.n~wN ~n~~v:CU:,L.SRt-;c wrlE~~tcF F COKPO~F;,De:. -
PAR7MER5!~:IF. ~C ) , .
Calzrorni~ krts Council' ~ county o~_~ te ~
BY ~F.;,FTHORSZED 5~GNF.7U~+E! ~ ~~' EY fh3Jl Or~iZEG S>G %. Un , '
~ .~~~ ~ '~ ~9QZ
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ii: LE ' . LE ~ ,
D~~"eGtOt' ' Chazr Board of Supervisors "
~DGFEES
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r~,s.~u..o.~r. ' r ~PFFiO?RIFiIOh ~ FV~~ '
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vn~FWCUtiSBcneD6kLANGc ITEI.F C.~FF~En:~:i'•'-- ~;t;`; v7F.TU7E5 ' FlSG~.-YE:.fi
$26Q-
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~ h~,t. is:~zE~S~NG ENGUNE~,.~~CE FUNC7iOw ,: ~.~ s~'~ :,., _
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~s S~ateJLocal Par.~~izr.'shi.p Proqram 4C~.A0
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. ~~ 1 nere•hi renr~~~ upon +t~~r rn•.•r, frr.~or;el tiurnrl~d:•i ri~cr 1u;~~~tiyr.' ~"J~;as
'' art a~'cila8lr-,fw tl~~ pcriud afu•'pur,~u.cr o: rkFf.Y~f'AG:It~~Pfialf•r: ah~-~r. '
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i,vi•e ht~c ro!7in1iP~ ~~,~i;7: ar~d ;1~i: aUr~n~a'r.: r~ L1i r':I77i ~rN~i rrriP~,• ~~ fii~^ GPJ~prtntt~lri of ~t~:~r7«'.
G'. - u~.: D: O~ i q c~G'.~<i °_ '~~- - I~~// ~~
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_ 1. The Contractor agrees to indemnify, de£end arid save harmles~ the 5~ate, its o~cers, agents
and err-ployees from any and all claims and losses accruing or resulting to any and all contractors,
. subcontractors, materialmen, laborexs anc~ any other person, firm or corporatzon furnishing or ....
supplying work, services, materials or supplies in connection with the performance of this eantract,
and from any and all c]aims and losses accruing or resulting to any. person, $rm or corporation ~- .:
~i~ho rnay be injured or damaged by the Contractor in the perfoxmance of this cantract.
2. The Contractor, and the agents ar~d e~-pioyees of Contractor, in the performance o£ this
agreerz~ent, s~iall act in an independent capacity and not as offic~rs or employees or agents of
State of California.
3. The Sfate may tez~zninate this agreement and be relieved of the payment of any considerntion
to Contractor, should Contractor #ail #o perfor-rr~ the covenan~s herein tbntained at the ~ime and
in the mannei hereir~ provided. In the eve~~t of such tez-mination the State may proceed ~vith the
work in any i~nanner deemed proper by the State. The cast to the Sta~e shalI be deductecfi from
any sum due: the Contractor under this agreement, ~nd the balance, if az~y, shall be paid the
Contractor upon derr~and.
4. Without' the written consent of the State, this agreement is not assignahle by Contractar
either in ~~I--ole or in part. '
5. Time is the essence af this agreement. ~
$. i`'o a~teration or variation of the tezxns of this contr~ct shall be valid unless made in writing
and signed by the parties hereto, and no oral understanding ar agreement not incorporated herEin,
shall be binding on any of the parties hereto.
7. The consideration to be paid Contr~c#ar, as pro.~ided ~erein, shali be in compensation for
all of Contractor's eYpenses incurred in the performance here~f, including travel and per diem, ,
~nless othervi~ise expressly so provided.
~
lr i'~ L 1 ~' LJ Ft 1~' t ti
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C d U i~ C I L ~~
~XHIBIT A -
5TATE/LOCAL PAR7NERSFilP PROGRAM
pESCRlPTION ~ OBJEC7lV~S
The California Arts Council a~d the State Legislature ha~e established
a 5tate/Local Partnership Progr~m designed to encourage loca3 cu3tura]
planni~g and ciecision-makir~g and to reath previavsly undesserved con-
stituencies. ~
PROGRAhf DBJEC71VE5- .
a. Provide ~ mechanism for more effective loca] arts pla~ning and to
~COOrdinate suth planning with state program5.
b. Bevelap rural and suburban areas whic[~ ~ave not fully participated
. in arts programs. ~
t. Expand',private.sector support for arts in arts program5.
d. ~ive loca~ goverr~me~t agencies the oppartunity to assist the Califor-
nia Arts Council in ir~prov~ng arts programming.
e. Arovide a mo~e stahle base"of support for the arts a~ the local le~el.
f. Develop ar~d foster the patEntial for shared responsibility between
the Califarnia Arts Council and the lacai arts agencies in the admi~-
istratia~~of other Councii programs.
g. Preverst duplication and overlap be~wee~ federa] {admir~istered through
Califarnia Arts Council), state, ar~d local programs.
E~. Arov~de ~ar increased employment of artists.
i. Stimula#e the economy.
A11 plans''must be consistent with Califosnia Arts Council criteria and
regulations.
19Q2 Broadx•z~•, Suize A. Sacramento, CA 95~] 8•'~9Z 916i ~}~5-l 73C~
; . .~-__..~.-.- - =-Section 36~~ ~ . _. _
General Ca[ifarnia Arts Council Requirements
1. Project Defined: As; used in these provisions, the term "project" shalf rriean that proposai descri6ed on the grantee's
appiication and incorporated 3rs the graniee's contract for which the grant was awarded.
2. Grantees may not use Federal funds to rnatch ~ederal funds pro~ided by the Arts Covrscil through the Council-grantee
convact. •
3. EXCESS C05T5: In the event that the project costs exceeci the amount specified iR the approved budget, g rantee agrees to
complete the project and fund the cost above said budget from sources other than 5tate funds.
4. COSTDlSAlLOWANCE: Granteeagreestousethe~grantfundssalelyforthepurposesoftheappravedprojec#.Costitems
for the purpose of determining the "cost" of the project, as that term is used in these requirements, shall include cash expended
{or in lieu tF~ereof, cantractual obligations incurred forthe project) and the fair ~a1ue, as determined by the Counc+l, of servicesar
products actually incarporated therein. The 6urden of proof shall be upon the grantee ta estab{ish such cost items,and such cast
items may ~e disallowed if not adequateEy supparted !~y the records. Should gra ntee misappfy any g~ant monies, and fail to malce
restitution to the 5tate of any amounts due ursder the terms of the grant agreemer~t, in addition ta any other remedy provided by
Eaw, the State shalE have, to the exter~t of its appropriate clairn, an awnership in any funds or property acquired with tF~e use o# such
misapplied funds. '
5. RETCJRN OF GRAlV7' FLJNDS ~ARMARKED BUT N~ LONGER REQUlRED FOR SPEClFIC lTFMS: Where the budget
specifies tt~at gra~t fundsa~e to be used for specific items,and subsequer~tto the receipt af the grant,the granteeobtains the sarr~e
witF~out cost, or at a reduced cost, the saving, except for~good cause in the judgment of the CaEifornia Arts Council, shall be
promptly retumed to the State.
6. REDUCTJON OF STA7E'S GRANT: Ndtwithstanding any ocher pro~ision of t~ese reqvirements, shoultf the pro}ect, to
time of comp4etion, or terrnination ir, whole or in part, cast less than the appraved b~dgeted amou~t on which the grant was
based, grantee's rnatcf~ing;arnou nts (includi ng funcEs, or services or products incorporated inta the project in lieu thereof.) shall be
cancfusiveEy deerrEed to have been expended first, and the grant shall be reducecf by any amounts remaining after corrzpletian or
termination o4 the project. Such remaining amounts s~all be prornptly forwarded to tF~e Arts Counei{.
7. C05T5 RE~ORDS: Gran~ee sha~i r~ain;ain compkete, accurate and curr~nt records of all incom~, includ9~g obligations
incurred w9th respect thereto. Such records, or capies of such records, shall be kept separate from othercost recor~s. f]uringthe
duration of the projectand for not less than four years aftercompletion ortermination of the project, granteeshall ma~Ce avaiiable
for examination or audit any books, c~ocuments, papers or records pertaining to tF~e project, to the California Arts Council, State
Controller or where pertinent, the Federaf Government. Upon request a# such parties, grantee shalf furnish at its own expense
legible copies o{ materialxhey deem pertinent. .
8. EVALUA Tf ON AND ~XPEPJDITURE RfPOR7'S: Grantee agrees ta furnish at such times during or upon ihe completion of
tFre proj~ct, as may be deterrrkined by the State, and wl~ere requested bythe 5tate, on formsf~rnished by the State, e~aluatian and
expenditure reports relafing to tF~e projed.
9. FEDERA! M!NlMUM WAGE REQUlREMENTS: Grantee agrees that where the grant consists in wf~ole or in ~art of Federal
funds, andlor 5tate that a!I professional performers and related or sup~orting personne~ ernployed on the project wiI! 6e paid,
without subsequent-deduction or rebate on any accaunt, not Eess than the minimum compensation as determined by the
Setretary o4 Labor to be the prevailing minimt~m ~+~+age of the State af California for persons emplayed in similar attivities. Farthe
~eoper construction ot this section, grantee is referred to Part SD5 of Title 29 of this Code aE Federak Regulations, as fast amended
~une 19, 1972 and as it may be further amended from time ta tirne.
'}0. M~NT10N OF THE "CALlFORNlA AR75 COtJNClL" AND "NA7'IQNAL ~NDOWMEN7 FQR FF~tE AR75" OR ANY
FEDERAL AGENCY SUPP~RT: ln any printed, visua~ or recorded matter, or in any exhibition, display or performar~re, w~ich
describes or is prepated in connettion with, or results in whoFe or part from the gra nt, mention shalE be made of the Ca ~ifornia Arts
CounciPs support, and where the grant is derived in whole or in part from Federal funds, of the support of the Federak Agency.
Copies of printed marter cantaining such mention should be sent to the CAC with the evaEuation reportrequired by theterms of
the grant. Any documenfs co~taining such rr~ention s~all specifythat anyfindings,opinion,or concfusions contained thereinare
not necessarily those of the California Arts CounciE and, where applicabfe, nat necessar9ly those of the Federal Governrnent orthe
NationaE fndowment for: the ArES.
11. FVALURTlON: The final ten percent (10%~ of the grant award will be withheld unti~ grantee has submitted the finaE
evaluation report.
12 As an agency which receives federal funds from the National Endowment for the Aru, the Ca[ifornia Arts Council, afong
with al! its grantees, must comply with the provisions •of Section 504 of the Rehabilitation Act of 1973. The 504 regulations requi re
all grantees to conduct an evaluation of afl policies, practices, and progra rRS that are not equa{lyavailable to handicap~ed people.
When struct~ral modifications are necessary co achieve accessibility,the regulations require the develapment af a transition pkar~
outlining the development of such a plan. HandicaPped persans, or orgar~izations representing them, must be indut€ed in
developing this plan. A`copy of the plan rnust then be avai{able for public inspection. 3he SD4 regulatioRS do not require.
affirmative action ernp{oyment of the handicapped, but they do mandate grantees to judge applicanu for employment solely on
the basis of their quaiifications. Nondiscri minatory employment practices m ust also i nclude accessible job applications and public
notices of employment.' Grantees are responsible for self-evaluation and must also deve{ap their nwn plans for compliance.
~ Accordins~ to the reKukations, all granEees' faciiities rrsust be architect~rally accessible by May, ~982.
FA4R ~MPLOYMENT PRACTICES ADDENpUM
1. in the perforrnance of this contract, the Contractor will not discriminate against any empkoyee or appiicant
for ernployment tiecause of race, caior, re4igion, ancestry, sex*, age*, nationai origi~, or physicai handicap*. The
Contractor wiEl t~ke affirmative action to ens~tre that applitants are employed, and that employees are treated
d~ring employment, without regard to #heir race, color, religion, a~cestry, sex*, age*, national origin, or physical
handicap*. Such action shali inc[ude, but not be limited to, the following: employment, upgradi~g, demotion
or transfer; recruitment or recruitrnent advertisi~g; layoff or termination; ratas of pay or other forms of campen-
sation; and sele~ti;on for training, incEuding apprenticeship. The Contractor shall post in conspicuous pla~es, avail-
able to empioyees a~d ap~li[ants for empEoymant, notices #e be provRded by #he State setting forth the pravisions
of this Fair Employrnent Prac#ices section.
2. The Contractor wi[I permit access ta his/her retords af employment, amployment advertisements, applic8-
tion forms, and qther pertfnent data and records by the State ~air Emplayment Practices Commission, or any
other agency o# the Sta#e of Callfornia designa#ed by #he awarding aut~ority, for the purpose of irtvestigation to
ascertain compliance with the F~ir Employrrrent Practices section af this tontract.
3. Remedies for'Willful Violation:
` .(a) The State rtzay deterrrrine a willfu4 violation of the Fair EmPloyment Practices provision to have
occurretl upon raceipt of a final judgement having that e#fect from a court in a~ action to which
Contractor was a pariy, or upon receipt of a wri#ters notice from the Fair Emp4oyment Practite5
Commission that i# has invesEigated and determined that the Contractor has vialated the ~air ~mploy-
ment Practices Act and has issued ar~ orcier, under l_abor Code Section 1426, which has become final,
ar ob4ained an inju~ction under Labor Code Sec~ian 1424.
(b) ~or w~(1fuP violat9an of this Fair ~rrrployment Practices pravision, the State shall have the right ta
terminate tfiis ~or~tract either in w~ole or in part, and any loss or darr~age sustained by the State in
. securing the goo~s or serv9ces hereunder shakl be born~ and paid for by the Cantractar and by his/ner
surety under t~e performance bond, if any, ar~d the 5tate may t3educt frpm any moneys due ar that
thereafter may become due to the Contractor, the difference between the price rtamed in the cantratt
and the actual cos# thereaf to the State.
*See Labar Cade Sections 141I - I432.5 for further details.
sra. s [a/»)
~P
: - ~~~o~a~~o~.:
FX I982-83 S'~ATE/LOCAL PARTNERSHIP
April 2°, 1983 .~ ~ , . -
Sacramenta; CA . ' _
Pub~ic Meeti~g ~
~~
WI~IEREAS the California Azts Council budge[ for 1982-$3'ca11s for
the continuation of the State/Local Parnership Pxaoram, and
WHERc,AS t~'e a~~arding of contracts to orgGn~.z~tzons under this
progra~n is established by regu~ation, ,
NOW THEREFORE BE TT RESOT.V~D THAT:
~ Tlne Arts C:oLncil award a Loca~ ~riorities Grant to every eligible
~acal partner wrich chooses to participate in the 1482-$3 State/Lacal
P~rtnezship Program.
°I hereby eerti~,y that the ~oregoing is a~true summary of Ga~anc~7
minu~es." ' .
_ _ ~_ ' /
Mari~yn ~an,~Dire tor
C,4LEFQR~fI~ ,~R~~S ~~~.J,'~C~L
~