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HomeMy WebLinkAboutCALIFORNIA COUNCIL FOR THE HUMANITIES-2013-..r of Santa Anu. a' Clerk of the Coin I AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and aB"70 FED 'b amendments (if any) are no longer in effect. CITY OF SA Return form to the Clerk of the Council Office (M-30). CLERK OF Call 647-6520 if you have any questions. The agreement with COTC Office Use Only 3: 39 No. A wli 3— n-:�7> was completed on d3, I z3 and final payment has been made. (List all amendments. Use space below if needed.) Department: Phone/Ext.: Signature: S k.Q C��— Date: c`Fb-z� Revised 08-23-10 A-2013-023 HUMANITIES A STATE 0.= OPEN MIND GRANT AGREEMENT Community Stories Grant Award Funded by Cal Humanities Date: December 12, 2012 Grant Number: COSt2-366 Amount: $lo,ooo.oo Grant Award Period: January 1, 2013 to December 31, 2013 Between Cal Humanities and: SANTA ANA PUBLIC LIBRARY/CITY OF SANTA ANA (hereinafter referred to as "Grantee") for the project entitled: "The Raitt Street Chronicles: A Survivors Oral History" Upon full execution of this Grant Agreement ("Agreement") and compliance by Grantee of any special provisions outlined in the grant award letter, Cal Humanities will provide a grant award to the Grantee subject to the terms and conditions set forth below. i. GRANT PAYMENTS The total payment by Cal Humanities to the Grantee will not exceed the amount stated in this Agreement, the grant award letter, or any written modification thereof At least 3o days should be allowed for the transfer of funds. Cal Humanities will make payments as follow: a) First installment of go% upon receipt of a signed Agreement by the Grantee to acknowledge acceptance of grant award and the provisions outlined in this Agreement. b) Final installment of lo% after the completion of project activities and upon receipt and approval by Cal Humanities of the final report consisting of project statistics; responses to self-evaluation questions regarding project goals, objectives, and outcomes; final financial report; publicity materials; audience surveys; and two copies of any final product resulting from the project. 2. ALLOWABLE COSTS Grant funds may be expended only for project purposes and activities described in the proposal as originally approved or subsequently amended by Cal Humanities. The following costs are allowable expenses for the purpose of this grant: a) Project-related programmatic and administrative salaries and fringe benefits b) Professional fees, including honoraria and stipends for humanities advisors, interviewees, artists, technical consultants, etc. c) Programming, publication, dissemination expenses (e.g., exhibit fabrication and installation, venue rental, web page design, videography, broadcast or screening expenses) d) Travel, lodging, and per-diem expenses e) Supplies and materials for program activities f) Equipment (rental, unless purchase cost is less) g) Project-related administrative expenses including phone, postage, photocopyrimg, and printing h) Marketing expenses (e.g., printing and mailing of announcements or flyers, or ad placement) i) Evaluation expenses j) Program documentation k) Food costs directly tied to project activities (alcoholic beverages are not eligible costs) 1) Fiscal sponsor or indirect administrative fees (only up to to% of your request) The following is a list of special items applicable to the grant award. It is not intended to be a comprehensive statement of all special items. In the event of a conflict between the general standard below and any special provisions in the grant award letter, the special provisions shall be applicable and binding. a) Per Diem Reimbursements. Costs may not exceed the current rates allowable by Cal Humanities ($61 per day for meals) and may be for lesser amounts at the Grantee's discretion. b) Travel Reimbursements, Whenever possible, less than first class accommodations must be used for air or rail travel. If first class accommodations are required, they must be preapproved by Cal Humanities. All air travel that is paid in whole or in part with Cal Humanities funds must be undertaken on U. S. flag air carriers. If traveling by automobile, the maximum mileage reimbursement rate authorized is 55.5 cents per mile. When necessary, special provisions may he authorized. c) Food Costs. When tied to project activities, food costs are allowable with the exception of alcoholic beverages. However, food costs for purely social activities (banquets, receptions, reunions) are not allowable. d) Lobbyjn ctivities. Using grant funds to lobby decision makers to influence federal or state legislation in any way is not allowable. 3. MISAPPLIED GRANT FUNDS In cases where grant funds are determined by Cal Humanities to have been misapplied by the Grantee, the Grantee agrees to repay all such funds or transfer to Cal Humanities all property acquired through the use of such funds. q, t TNCOMMrITED GRANT FUNDS Any grant funds received by the Grantee which remain uncommitted at the termination of the grant period must be returned by check payable to Cal Humanities within six months of the project end date, unless Cal Humanities provides the Grantee with a written waiver of this requirement. If Grantee cannot carry out the project, Cal Humanities will determine if Grantee will need to return a portion or all of the grant funds. Grantee will be responsible for furnishing to Cal Humanities a summary of progress achieved under the award and an itemized accounting of charges incurred against award funds and cost sharing, if any. g. GRANT AMENDMENTS Grantee is required to carry out a project consistent with the proposal approved for funding by Cal Humanities. If significant changes are necessary, proposed amendments must be submitted in writing by Grantee for approval by Cal Humanities. Amendment requests are considered on a case-by-case basis, Additional information (e.g., update on specific project activities, an itemized list of actual expenditures to date, or revised timeline of project activities) maybe requested as needed. Significant changes include the following: a) Chance of the Grant Award Period. All project activities and the commitment of grant funds must occur within the period of support set out in this Agreement and grant award letter. If a project cannot be completed on schedule, an extension may be requested. b) Change in Proiect Director and Other Kev Personnel. If changes to the project director or other key professional personnel identified in the original proposal are necessary, short biographies and contact information for new personnel should be submitted with the amendment request. A change in the project director brings an automatic suspension of the grant until the new director has been approved by Cal Humanities. c) Changes in Prpject Scope. The project purpose and objectives must be consistent with those outlined in the original proposal. If changes are needed, written approval by Cal Humanities is required, d) Budget Revisions. Changes to Grantee's approved project budget that involve the addition or deletion of budget items that represent more than ro% of the grant, or budget revisions due to a significant change in project scope, require written approve by Cal Humanities. e) Change in the Grantee Organization. If a change to the grantee organization is deemed necessary, written approval by Cal Humanities is required before any change is made. In addition, Grantee must provide t) a written concurrence from the organization dropping out of the project, and 2) a signed letter of commitment from the new organization that describes their involvement in the project. 6. ACKNOWLEDGEMENT OF SUPPORT Any tangible product of grant award activity (film/video/radio productions, publicity materials, project websites, displays, exhibits, public reports, etc.) must include the Cal Humanities logo, name, and the following acknowledgement: "This project was made possible with support from Cal Humanities, an independent non-profit state partner of the National Endowment for the Humanities. For more information, visit www.calhum.ore." Such materials must be provided to Cal Humanities for approval prior to production. Cal Humanities will review the placement of logo and acknowledgement for integrity and legibility and use its best efforts to provide suggested revisions and/or approval within 2 business days or less after receipt. Written, visual, or audio materials resulting from award activities which are published or produced during the grant award period without charge to grant funds must also contain the preceding logo and credit line as indicated above. All printed materials publicizing or resulting from grant activities shall also include the following statement: "Any views, findings, conclusions, or recommendations expressed in this [publication] [program] [exhibition] [website] do not necessarily represent those of Cal Humanities or the National Endowment for the Humanities." Please note that the Cal Humanities logo is available for download at www.calbum.ore on the Grantee resources page. 7. PUBLICITY AND PROMOTIONAL MATERIALS: Grantee shall submit the following materials ("Materials") to be used in connection with the Cal Humanities website, its publications, and other promotional purposes as follows: As early as possible and no later than February 15, 2012, a minimum of three high- resolution still images, with a resolution of 30o dpi or higher. Images may be illustrative or photographic in any of these file formats: JPEG, TIF, or EPS. Captions should be supplied with each of the images that clearly identifies the subject(s) and the project, as well as date and any photo credit, as necessary. A one- to two-paragraph description of the project and, if available, a website URL for more information should be provided. At the completion of the project, other shareable products as befitting the project shall be submitted. For example: a) For projects with audio and/or visual components, the Grantee shall also submit a trailer or excerpt (audio and/or visual recording) of the project of no less than one minute and no more than six minutes in length. Video trailers or excerpts shall be submitted in both compressed and uncompressed formats, if possible, and shall be preceded by an animated Cal Humanities credit. (Contact Cal Humanities' External Affairs Department for access to this file.) For video files, MP4 format is preferred. For audio files, AAC or high-quality MP3s are acceptable. (For specific questions regarding size, format and file type, please contact Cal Humanities' External Affairs department) b) For web-based projects, audiovisual samples as outlined above, or a selection of high resolution photos with caption information as outlined above, or some other digitally accessible product that can be hosted on the Cal Humanities website must be submitted. c) Recordings of performances, excerpts from oral histories, digital copies of exhibition components, or digital copies of material produced as a result of a workshop are all acceptable. In some cases, written or recorded testimonials from project participants are acceptable. 4 Materials should be delivered in digital format, and in hard copy form via CD and/or DVD. The Materials should be delivered via an online digital transfer program (e.g. DropBox, YouSendit.com, weTransfeccom, etc, or through an FTP program like FileZitla, FireFTP, etc.). All of the above Materials are intended for public consumption and will be used for non- commercial purposes by Cal Humanities to promote its programs, organization, and mission. Supplied samples may represent the entire project or a portion of it. Contact our External Affairs department if you wish to discuss suitable submissions or need more information on file size, specifications, and acceptable formats. Please visit the "Experiences" section of www,calhum.org for examples of how submitted Materials may be used online. Submitted Materials become the property of Cal Humanities and submission does not guarantee the use or publication of the Materials online or otherwise. In submitting the Materials, Grantee hereby grants Cal Humanities a non-exclusive license to the Materials in whole or in part, in any form in perpetuity. 8. ACCESS TO PRODUCED For the purposes of this Agreement, the term "Produced Materials" refers to all intellectual property, whether copyrighted or not, including but not limited to productions, displays, exhibits, books, articles, transcripts, films, tapes, and other electronic media which are produced by the Grantee or by participants enlisted by the Grantee as a result of activity funded under this grant award. The Grantee understands and agrees that the purpose of all grant activity is to inform and educate members of the public on the broad areas of public concern with which this project was intended to deal, Toward this end, Cal Humanities and the Grantee agree to engage in a relationship of good faith and cooperation to ensure that all Produced Materials will be reasonably available to Cal Humanities. Cal Humanities reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use any Produced Materials, including copyrighted material, arising out of grant activities for non-profit educational purposes. However, Cal Humanities use of Produced Materials is not intended to interfere with or disadvantage the Grantee in the sale and distribution of the award product. This provision is subject to, modified by, and supplemented by any additional provisions in this Agreement or in the grant award letter covering use of rights to all produced materials. 9. COPYRIGHT Grantee may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under the grant award, if ownership and/or copyright of produced materials are claimed by any person other th an the Grantee such as scriptwriter, editor, consultant, filmmaker, author, or lecturer, the Grantee agrees to take any action that shall be necessary to ensure that Cal Humanities retains all rights that would accrue to Cal Humanities under this Agreement if copyright was fully vested in the Grantee. The Grantee agrees to conduct its activities in such a manner and to make such agreements with any other persons wishing to copyright produced materials to ensure that Cal Humanities will continue to be able to exercise freely all its rights under the provisions of this Agreement. In the event that the Grantee transfers copyright or ownership of any produced materials for distribution or for any other purpose, the Grantee agrees to take any action that shall be necessary to ensure that Cal Humanities shall continue to be able to freely exercise all rights reserved under this Agreement. If the Grantee in transferring copyright or in allowing copyright to vest in any other person fails to fully protect the rights reserved to Cal Humanities under this Agreement, then the Grantee agrees to indemnify and hold Cal Humanities harmless from any claims, actions, liabilities, losses, or expenses for which Cal Humanities might otherwise be held responsible resulting from infringement in the use of material, invasion of privacy, libel, breach of contract, or third party indebtedness. io. REPORTING REQUIREMENTS The Grantee shall provide the following: a) Final Reuort. The Grantee shall submit, within go days after the termination of the grant award period, a final report consisting of project statistics; responses to self-evaluation questions regarding project goals, objectives, and outcomes; final financial report; publicity materials; and audience surveys. b) Final Product The Grantee shall also submit two copies of a digitally accessible final product. Instructions on how to complete and submit the final report online is available at www.calhum.org on the Grantee resources page. A final report and product must be filed with Cal Humanities before the Grantee will be eligible to apply for another grant award. Furthermore, if no final report and product is submitted by the due date, the Grantee's project will be closed as "incomplete" and the Grantee will not be eligible for future Cal Humanities funding. ii. GRANT ACCOUNTING AND RECORD KEEPING a} General. The Grantee shall maintain records and accounts consistent with generally accepted accounting principles, and also shall provide for such fiscal control and fund accounting procedures as are necessary to assure proper disbursement of and accounting for grant project funds. Accounts and supporting documentation relating to project expenditures shall be adequate to permit an accurate and expeditious audit. b) Matching Funds. The Grantee shall maintain records to demonstrate that matching contributions are not less than the amount proposed in the proposal or any subsequent revision thereof Other federal funding sources cannot be used as match. The amount of the Grantee's contribution is subject to audit. c) In-Kind Contributions. Some objective record as to both type and value of in-kind contributions by the Grantee (such assigned in-kind contribution forms) is required. When the contribution is made by a third party, written evidence from the third party is 6 required as to both type and value. In-kind contribution reports must be kept on file by the Grantee for three years following the submission of the final financial report. 12. PROJECT INCOME a) Reporting Income, All income earned by the Grantee as part of the conduct of the grant project shall be accounted for and reported by the Grantee to Cal Humanities. b) Use of Earned Income. Any income earned from, for example, registration fees, service charges, or admission fees, sales, or similar sources during the conduct of the project shall be used by the Grantee for Cal Humanities approved project activities and should be reported in the final financial report. If the income cannot be so used, it shall be used to decrease charges to the grant and to the Grantee's cost share, As much as possible, public events funded by the grant award, should be free and open to the public. If registration or admission fees are necessary, Grantee agrees to provide access to Cal Humanities staff and board members, free-of-charge, for such events, c) Interest on Grant Funds. Grantees may not earn interest in excess of $250 on grant award funds in a fiscal year. 13. AUDITS Cal Humanities may inspect and audit the Grantee's financial accounts and records, or may designate a qualified person to do so on its behalf, at any time during reasonable business hours and with such frequency as may be deemed necessary. Inspection and audit may include prefunding visits to determine the adequacy of the Grantee's accounting system. In addition, the National Endowment for the Humanities and the United States General Accounting Office may conduct inspections and audits when and to the extent deemed advisable. FINANCIAL RECORDS MUST BE KEPT ON FILE FORA MINIMUM OF THREE YEARS FOLLOWING THE TERMINATION OF THE GRANT PERIOD. The required retention period may be extended by written notification from either Cal Humanities or the National Endowment for the Humanities. This requirement also includes the right of the federal government to make an audit of any third party accounts related to the grant. 14. DATA COLLECTION The Grantee may collect information from the public in connection with a research or other general purpose project on its own initiative. The Grantee shall not, without prior approval from Cal Humanities, in any way represent that the information is being collected by or for Cal Humanities or the National Endowment for the Humanities. 7 15. ENTIRE AGREEMENT This Agreement along with any special provisions included in the gr ant award letter is the complete and integrated agreement between Grantee and Cal Humanities. Any changes to this Agreement must be formally requested in writing to Cal Humanities. No prior or contemporaneous oral agreements between Grantee and Cal Humanities shall be of any force or effect. 16. COMPLIANCE The Grantee certifies that it is in compliance with the provisions on Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 199o; the Byrd Anti-Lobbying Amendment; the Native American Graves Protection and Repatriation Act of 199o; the National Historic Preservation Act of 1966; the U.S. Constitution Day Education Program; the Coordination of Geographic Information and Related Spatial Data; Labor Standards under Sections 5(i) and 7(g) of the National Foundation of the Arts and Humanities Act of 1965; and the regulations issued pursuant thereto by the National Endowment for the Humanities (Code of Federal Regulations, Title 45, Chapter )U). The Grantee confirms its non-profit status and is not debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs in violation of the regulations implementing Executive Order 12549 "Debarment and Suspension." Further, in accordance with Public Law 111-88 Sec.427, no funds made available under or through an NEH award may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, 17. NON-COMPLIANCE The Grantee and Cal Humanities agree that upon non-satisfaction by the Grantee of any of the conditions set forth in this Agreement or in the grant award letter, Cal Humanities may, at its option: (1) suspend all of its duties under this Agreement, including the duty to pay the grant money; or (2) declare these duties discharged and require the Grantee to repay grant money previously awarded; and the Grantee agrees to do so. 18. In addition to the provisions of Section 15, the Grantee agrees to indemnify and hold Cal Humanities (its predecessors, successors, directors, officers, employees, and agents) harmless from any and all claims, demands, causes of action, and liabilities arising out of any failure of the Grantee to perform its obligations set forth in this Agreement; or any project or activity conducted by the Grantee; or whether or not enabled by the grant award provided hereunder, including, but not limited to any claims for breach of contract or tort, as well as any other statutory or common law claims, at law or in equity. Cal Humanities Grant - Community Stories ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney L?CK• ? By: LISA STORCK Assistant City Attorney CITY ' SANTA NA PAUL WALTERS V( City Manager 1,-+C7L-rAJ RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director - Par s, Recreation & Community Services Agency