SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF MERCED AND
THE MERCED MULTICULTURAL ARTS CENTER (MAC) WITH FUNDS
PROVIDED BY THE COUNTY OF MERCED FOR TECHNICAL
UPGRADES TO THE MULTICULTURAL ARTS CENTER (MAC) BLACK
BOX THEATER
THIS AGREEMENT, entered this day of _ 2025, by and
between the City of Merced (herein called the "Grantee") and The Merced Multicultural Arts Center (MAC) (herein called the "Subrecipient").
WHEREAS, the Grantee has received funds from Merced County to support the activities and programs of the Merced Multicultural Arts Center (MAC); WHEREAS, the purpose of this Agreement is to set forth the responsibilities of the Grantee and Subrecipient in accomplishing the objectives of the funded activities;
WHEREAS, Grantee agrees to engage the services of Subrecipient, and Subrecipient agrees to perform the services for Grantee hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the parties hereto agree as follows:
I SCOPE OF SERVICE.
General Statement:
The MAC's black box theater has served the community for over 25 years.
However, as the center's programming has grown, its technical capabilities have not kept pace. Upgrades to the lighting system and the integration of projection technology are critical to ensuring the MAC continues to serve as a professional, flexible, and inspiring venue for the community.
1. Program Delivery:
Activity #1: Lighting Upgrades
• Modern Light Board: Provides precise control for dynamic and immersive lighting designs, enhancing theatrical and multimedia productions. • LED Fixtures: Energy-efficient fixtures improve color rendering, reduce heat output, and cut operational costs.
• Power Modules: Ensure reliable power distribution and operation of the new lighting equipment.
• Remote Control Capabilities: Streamline design and rehearsal processes by allowing lighting adjustments from anywhere in the theater.
Activity #2: Community and Artistic Benefits
• Enhance Production Quality: Modern lighting will elevate performances, allowing directors, designers, and artists to realize their creative visions fully.
• Expand Access: A versatile, modern theater will support diverse configurations, from thrust to in-the-round, accommodating plays, musicals, dance, and speaker events.
• Empower Youth and Emerging Artists: Advanced technical tools will provide invaluable hands-on experience for youth and aspiring technicians, fostering new talent.
• Strengthen Community Engagement: Improved infrastructure will attract new collaborations and increase attendance, reinforcing the MAC's role as a cultural hub.
2. Specific Requirements:
To prioritize needs and allocate funding effectively, we propose a tiered budget:
• Tier 1: Modern Light Board (ETC Element 2)
• Tier 2: Light Board, Monitors, Remote Functionality, and Power Module • Tier 3: Additional LED Fixtures to enhance stage coverage II. COMPENSATION.
Payment by the City to the Subrecipient for actual services rendered under this Agreement shall be made upon presentation of an invoice detailing the services performed under the Scope of Services, in accordance with the fee schedule set forth in Exhibit "A" attached here to and incorporated herein for reference. The Subrecipient agrees to provide all services required under the Scope of Services in Exhibit "A" within the compensation amount set forth in Exhibit "A". For the MAC's services rendered under this Agreement, City shall pay Consultant the not- to-exceed sum of Fourteen Thousand Four Hundred Twenty-Seven Dollars and Sixty-Five Cents ($14,427.65).
III. METHOD OF PAYMENT.
Compensation to the Subrecipient shall be paid by the City after submission by Subrecipient of an invoice delineating the services performed.
IV. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements B. "Independent Contractor"
The Subrecipient shall at all times remain an "independent contractor" and its employees shall not be employees of or have a contractual relationship with Grantee with respect to the services to be performed under this Agreement.
C. Indemnity/Hold Harmless
Except as to the sole negligence or willful misconduct of the City, the Subrecipient shall agree to indemnify, protect, defend (with counsel selected by the City), save, and hold the City, its officers, employees, agents, and volunteers harmless from any and all claims, suits, charges, judgments, actions, damages, or whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement.
D. Insurance & Bonding
The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud, and/or undue physical damage. Prior to the City's execution of this Agreement, Subrecipient shall provide copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement.
E. Grantee Recognition
The Subrecipient shall ensure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities, and items utilized pursuant to this Agreement shall be prominently labeled as to funding source.
F. Amendments
The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are executed in writing.
G. Remedies for Non-Compliance / Suspension or Termination H. Inconsistent or Conflicting Terms in Agreement and Exhibits In the event of any contradiction or inconsistency between any attached documents) or exhibits) incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control.
L Ambiguities
This Agreement has been negotiated at arms' length between persons knowledgeable in the matters dealt with herein. Accordingly, any rule of law that would require interpretation of any ambiguities in this Agreement against the party that drafted this Agreement is of no application and is hereby expressly waived.
J. Venue
This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this agreement shall be held exclusively in a state court in the County of Merced.
K. Authority to Execute
The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that they have the authority to execute this Agreement on behalf of their entity and bind their party to the performance of its obligations hereunder.
L. Counterparts
This Agreement may be executed in one or more counterparts with each counterpart being deemed an original.
V. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect.
VI. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
VII. WAIVER
The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches.
VIII. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and supersedes all prior or contemporaneous communications and proposals.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written.
GRANTEE:
CITY OF MERCED
A California Charter Municipal
Corporation
BY:
D. Scott McBride,
City Manager
ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
CRAIG J. CORNWELL, CITY ATTORNEY
Y: Sais Cornell 41/18/2025
'ity Attorney Date
ACCOUNT DATA:
M. VENUS RODRIGUEZ, FINANCE OFFICER
BY:
Verified by Finance Officer
SUBRECIPIENT:
Merced Multicultural Arts Center
By Cater Peris
(Signature)
Colton Dennis
(Typed Name)
Its:_ Executive Director
(Title)
Taxpayer ID. No: 94-2451184
Address: 645 W. Main Street
Merced, CA 95340
Telephone: (209) 388-1090
Email: [email protected]
EXHIBIT A
Line Item Amount:
TIER 1: Light Board
ETC ELEMENT - Control Center(1) $6872.75
TIER 2: Light Board and Additional Equipment
Dell P2424HT Monitors(2) $ 900.00
ETCpad Tablet Remote(1) $2425.90
CC20 Dual 20A Constant Circuit Module(1) $ 260.00
R20 Dual 20A Relay Modules(2) $ 1170.00
TIER 3: Advanced Lighting Package
Chauvet COLORdash PAR H12IP(4) $ 1600.00
QLAB Media Server (1) $1199.00
TOTAL $14,427.65
MERCED - Request for District Project Funds
Board of
COUNTY Supervisors
Date: 12/6/2024
Rodrigo Espinosa
Project Title: Technical Upgrades for MAC Black Box Theater Supervisor, Distnict One Josh Pedrozo
Address of Project, if applicable: 645 W Main Street Supervisor. Distnct Two Contact Number/Email: (209) 388-1090 [email protected] Daron McDaniel Supervisor. District Three
Coordinating County Department, if applicable: _
Lloyd Pareira, Jr.
Supervisor. District Four
County Employee Responsible for Project Oversight: NATHAN BRAL Requested Amount: $ 14,427.65 Scott M. Silveira
Supervisor, District Five
Description of Intended Use and Benefit to the Community, including time-frame:
Upgrade technical capabilities of the black box theater at the MAC Raul Lomoli Mendez
Modernizing lighting systems, and adding in projection/projector designs into County Executive Officer arts presentations and programming.
Yes No
Improvement to County owned facility?
Fixed Asset?
Merced County
One-time Expenditure? Administration Bulding
Is this request part of a larger project? 2222 "M" Street Merced. CA 95340
Supporting Project Documentation attached? (209) 385-7366 (209) 726-7977 Fax
www.countyotmerced.com
Initial the following line if you agree to the terms:
Equal Opportunity Employer
I have read and understand and agree to abide by the District Project Funds Policy adopted by the Merced County Board of Supervisors.
CD_ (initials)
I declare, under penalty of perjury, that all statements contained in this application and any accompanying documents are true and correct, with full knowledge that all statements made in this application are subject to investigation and that any false or dishonest answer to any question may be grounds for denial or subsequent legal action I also understand I am required to submit the District Project Funds Close-Out Form upon completion of the project or within 12 months of award
Signature: Date: 1/2/2025
lease return compleled forms to the sierced County Board e upersisors: 2222 M Street, Merced, CA 95340 (Third Floor Signature: Date: 077W25
(Departmentot (Rublic Worksy
Date: / 8/29
Signature:
(Office of County Counse
"10 | 25
Signature: Date: _
(County Exeedtive Office)
Signatures Date: 1/10/25
(Board member) Striving for
Excellence
The Multicultural Arts Center, affectionately known as the MAC, has served as Merced's arts and cultural hub since its opening in 1997. Managed by the Merced County Arts Council, the MAC has cultivated opportunities for education, expression, and connection. touching the lives of thousands annually. The MAC is home to an impressive array of community organizations and initiatives. including:
• MAC Theater Camp: Directed by Madi Mitchell and her team, this flagship program has brought iconic youth productions to life, such as Peter Pan, Moana Jr.. Jumes and the Giant Peach, and Disney's Descendants (Past Productions). This program educates the vouth in the Arts throughout the year and during the summer.
• The Enrichment Center, a daily program for artists with disabilities. • The Arbor Gallery, a co-op of local artists.
• The Merced Academy of Dance
• The Bear Creek Ukulele Society
• Local theater groups
• Phoenix Creative Collective: Known for engaging productions like Mama Mia! and Murder on the Orient Express, as well as interactive game shows featuring participants with no prior theatrical experience.
Playhouse Merced: Presented acclaimed productions like Doubt and The Pillowman and intimate black box performances.
Accessible Arts: A rising theater company dedicated to providing inclusive and supportive artistic opportunities for individuals of all abilities. emphasizing the transformative power of the arts to empower and inspire.
Jenni Samuelson: Local talent whose Fiddler on the Roof captivated sold-out audiences.
• LGBTQ+ organizations
• Numerous other local artists and cultural initiatives from in and out of town.
The MAC's black box theater is a vital resource for these groups, supporting Merced County's Baltor Mered a ural are ipacie for acrest major i sions. I eper l a critical develop confidence. collaboration skills. and creativity while offering the community access to enriching cultural experiences.
Why the Arts Matter in Rural Communities
The arts are vital in all communities. but especially in rural areas like Merced County. where opportunities for cultural enrichment can be scarce. Studies show that exposure to the arts improves academic performance. fosters emotional well-being. and enhances creativity, skills particularly valuable to youth in underserved areas. Through programs like the MAC Theater Camp, the arts provide entertainment and equip young people with tools to navigate life challenges. build resilience. and dream bigger.
The MAC's black box theater is central in ensuring these opportunities remain accessible. By upgrading its lighting and projector capabilities. the MAC can further its mission of inspiring and transforming lives in Merced County through the arts.
The Need for Upgrades
The MAC's black box theater has ser ed the community for over 25 years. However, as the center's rogramming has grown. is technical capabilities have not kept pace. Upgrades to the lightin ystem and the integration of projection technology are critical to ensuring the MAC continues t serve as a professional, fexible, and inspiring venue for the community.
Lighting Upgrades
• Modem Light Board: Provides precise control for dynamic and immersive lighting designs. enhancing theatrical and multimedia productions.
• LED Fixtures: Energy-efficient fixtures improve color rendering, reduce heat outpur, and cut operational costs.
• Power Modules: Ensure reliable power distribution and operation of the new lighting equipment.
• Remote Control Capabilities: Streamline design and rehearsal processes by allowing lighting adjustments from anywhere in the theater.
The MAC will provide its community with a professional-level performance space that meets its users' growing demands by addressing these technical needs.
Benefits of the Project
Upgrading the black box theater will:
• Enhance Production Quality: Moder lighting will elevate performances. allow ing directors. designers, and artists to realize their creative visions fully. • Expand Access: A versatile, modern theater will support diverse configurations, from thrust to in-the-round, accommodating plays. musicals, dance. and speaker events. • Emponer Youth and Emerging Artists: Advanced technical tools will provide invaluable hands-on experience for youth and aspiring rechnicians. fostering new talent. • Strengthen Community Engagement: Improved infrastructure will attract new collaborations and increase attendance, reinforcing the MAC"s role as a cultural hub.
Project Details
To prioritize needs and allocate funding effectively. we propose a tiered budget:
• Tier I: Modern Light Board (ETC Element 2)
• Tier 2: Light Board, Monitors. Remote Functionality, and Power Modules • Tier 3: Additional LED Fixtures to enhance stage coverage Each tier is structured to ensure incremental improvements. allow ing flexibility based on available funding. The attached budget includes detailed justifications and links for each item.
Conclusion:
The MAC is more than a venue: it is a lifeline for creativity. learning. and connection in Merced County. Upgrading the black box theater's lighting and sound systems will ensure that this vital space continues to serve its community excellently. empowering youth. supporting local artists. and fostering cultural enrichment for future generations.
We respectfully request funding from the County of Merced to support this pivotal project and ensure the MAC remains a vibrant home for the arts.
Attached Documents:
: Tiend Budget Proposal with Justifications and Links to Equipment Sources Invoice working with our partners at Merced College Theater to source equipment from their vendors.
Contact Information:
Colton Dennis
Merced Multicultural Ars Center
645 W. Main Street
Merced, CA 95340
Phone: 209-388-1090
Email: [email protected]
We look forward to collaborating with the County of Merced to bring this vision to life. 2024 ARTS COUNCIL TECHNICAL BUDGET FOR IMPROVEMENTS
TIER 1: Light Board
36,877 75
see alachesent tam Mered Cole.
adan:
Tier 1 Totat: 86,872.75 The TEA he Becksons of the upling spen, offering on ances control and stabaty for productiom n the thrus, • the round. or a more task onal cortgur etions mehra stairs or pravade ere he the ceoss essentiat sart tor ancy the MACh production capabilbes
$900.00 These monitors alow the lighting operator to see and manage pheng cues clear, ensuring smeeth transees and actuate Feetrol funny pertormances see stachment from Marted Coleg This Randhest renate lets the ighong team make adustments from anywhere in the theater, unprown efficiency dunng tete arsals and pertarmances se tachmend truen Merced Colee $280.00
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820 Dual 304 Ratry Module 31.17000
um attachment rum Maced Coleg
84,755.80
Ther lostitic abee:
Tier 2 & 2 Total: $31,828.86 Is TER asts ensestial accessors to the light band let cLude remiers der cue men gorm and he ETC ad f ing operators to mate edusiments fren anyster a the theate The modules masan Med deser bue treal poser to aghting fortures en a safe, releble, and asials nonest 81 600 00 These sight pronde an ever pose aca..s the sago, ensuring the ertue pertormance eras a poil d and constitem Cover COLORS PAA HIAN Pertect fee creating colorfur meds or general typting to play, mac ats, ca dance shoe OLAB Media Serve Anandustry standard media server for synchroning video, adio, and lighting cans, ensung smooth integratice of 81,199.00
made en productiens with a use: trendy tetece
$34.427.86 ter interporates addhanal leng fatures in expand a system fissibly and productien qually Wash Lette Ther 1, 2, 3 Totat: even coverage, spotts groute for wed lite for lay areas, and the mong tell all ermit effecti to al Me peoductices
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MUSSON B00 A205B050 PICKING TICKET
FAX (408) 986-9552 1090185B 152785724 PROgo
G00
THEATRICAL TILM
**CASH ÄCCOÜNT DICEMBER 2024** AL:COUNT NO 1224 **CASH ACCOUNT DICÜMBER 2024**
MERCED MUL LICULTURAL ARI CIR MERCED MULTICUI TURAI ART CTR ** CHAD PHILLIPS
** 645 W MAIN ST
** ** MIRCED CA 95340
•-
CUSTOUER FO NO OREWRET BY TREL [NATE ORDENED BATE REOURED [ 5HP++D VDX TRIH TANO! TenTERDavItPi TONKINAL INVOICE NO * OUOTATION ONLY * 12/05/24 12/25/24 UPS PPO 0375 OT011058
COMMENTS TEG LARTT/WARE (PHON NO
N300 Q T 01 /01 000 000 0000 099
LINE DUANTITY GUANTITY QUANTITY WAREHOUSI
SKU DESCRIPTION UNIT PRICE UOM/EXTENDED AMOUNT
NO ORDERED BACK DRDERED SHIPPED LOCATION
HE PRICES SHOWN ON IHIS DOCUMENT ARE HE UNIT PRICF AND THE EXTENDED AMOUNT 10 20 3343 ELEMENT 2 1 K 1024 OUTPUTS 872 75 IE A 6. 872 75 2 0 20-71/4 P2424H1 23 8 MONITOR 450 E A 900 00
30 NSA888 IICPAD TABLET REMOIE 2.425 90 E A 425 9 0
40 0 20 - 3433 CC20 DUAL 20A CONSI CIR MODULE 260 00 A' 260 00 5 0 2 20 3432 R20 DUAI 20A REIAY MODUIT 585 00 170
RECEIVED BY IDATE
SUB TOTAL 111,6628 lộ
THANKS FOR YOUR ORDERI
PPALIETS SALES TAX 959.34
PICKED BY ICHECKED BY PACREOTY TEARTONS
YOTALPECES STN AT PANET L PASATGONTACI UE NATACE DRAYS HERNIOANTEN BATE SHIPPED SHIPPED VIX DISCREPANCY.
TOTAL 12,738.01