City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01908 11/15/2022 Consent Item 6.
Fiscal Year 2022/23 Sacramento County Contribution to SMUD Museum of Science and Curiosity
File ID: 2022-01908
Location: 400 Jibboom Street, District 4
Recommendation: Adopt a Resolution authorizing the City Manager or the City Manager’s designee to: 1) accept $344,000 in total funding from the County of Sacramento to support the operation of the Museum of Science and Curiosity and for use towards bond repayment; 2) execute an agreement with the County of Sacramento to accept the County funding stated above for the benefit of the aforementioned organization; and 3) increase the FY2022/23 Convention and Cultural Services Department revenue and expenditure budgets by $251,000 (General Fund, Fund 1001).
Contact: Kristina Byrd, Administrative Officer, (916) 808-7154, [email protected], Convention & Cultural Services Department
Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
3-Exhibit A MOSAC Agreement
Description/Analysis
Issue Detail: Each year, the Sacramento County Board of Supervisors approves its annual allocation of transient occupancy tax (TOT) collections. The County uses a portion of its TOT to fund joint operations shared with the City, including SMUD Museum of Science and Curiosity (MOSAC). The County funds are used to fund projects, programs, activities, and operational expenses. This year additional funding is to be used to support bond repayment.
In September 2022, the County Board of Supervisors approved TOT allocations for Fiscal Year (FY) 2022/23 to the SMUD Museum of Science and Curiosity (MOSAC). The total County allocation for this organization is $344,000. The County’s allocation will be administered by the City.
File ID: 2022-01908 11/15/2022 Consent Item 6.
The agreement with the County proposed for approval is attached as Exhibit A.
Policy Considerations: The proposed recommendation supports the City’s 2035 General Plan Goal ERC 4.1 to provide a diversity of arts and cultural facilities and programs for people of all ages to improve knowledge of Sacramento’s history, enhance quality of life, and enrich community culture, and policies that encourage partnerships with organizations to support cultural educational activities and programming, children’s programming, and reinvestment in City facilities.
Economic Impacts: Not applicable.
Environmental Considerations: The recommendation in this report is not a project under the California Environmental Quality Act (CEQA) because it involves government fiscal activities that do not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Section 15378(b)(4) of the CEQA Guidelines (Cal.
Code Regs., tit. 14, §15000 et seq.), and is, therefore, not subject to CEQA pursuant to Section 15060(c)(3) of the CEQA Guidelines.
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Approval of the recommended action is necessary to implement the City’s FY2022/23 budget for the SMUD Museum of Science and Curiosity (MOSAC), which includes funding from the County for the respective organization’s operating budget.
Financial Considerations: In September 2022, the County Board of Supervisors approved contributions to City/County organizations for FY2022/23. The County’s contribution of $93,000 for operational support was included in the City’s FY2022/23 Approved Budget, while the additional funding for MOSAC bond repayment support was not budgeted. Therefore, staff recommends increasing the General Fund (Fund 1001) revenue and expenditure budgets for the FY2022/23 Convention and Cultural Services Department by $251,000.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2022-
Adopted by the Sacramento City Council
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT FUNDING
FROM THE COUNTY OF SACRAMENTO, EXECUTE AGREEMENT WITH THE
COUNTY OF SACRAMENTO, AND MAKE ASSOCIATED BUDGETARY
ADJUSTMENTS FOR FISCAL YEAR 2022/23 FUNDING OF A JOINT
CITY/COUNTY ORGANIZATION
BACKGROUND
A. The City of Sacramento and County of Sacramento annually provide joint operating support for the SMUD Museum of Science and Curiosity, formerly the Powerhouse Science Center (MOSAC).AU
B. In September 2022, the County Board of Supervisors approved its allocation to the aforementioned organization for Fiscal Year 2022/23 to be used by the City in administering the organization. Because the City provides administrative assistance to this organization, the County’s funding is budgeted annually into the City’s approved budget.
C. The previous year’s contribution from the County for operational support to MOSAC amounted to $93,000. The contribution amount has increased to $344,000 to include additional grant support which is to be applied towards repayment of the 2018 Series B (Tax-exempt) Bonds, that were used to construct the property located at 400 Jibboom Street. For FY2022/23, the City’s budget must now be increased to account for the County’s additional $251,000 contribution.
BASED ON THE FACTS SET FORTH IN THIS BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Manager or the City Manager’s designee is authorized to accept $344,000 in funding from the County of Sacramento to support the SMUD Museum of Science and Curiosity (MOSAC) during FY2022/23 for operational and bond repayment support.
Section 2. The City Manager or the City Manager’s designee is authorized to execute the attached agreement with the County of Sacramento to accept the funding stated above for the benefit of SMUD Museum of Science and Curiosity (MOSAC).
Section 3. The City Manager or the City Manager’s designee is authorized to increase the FY2022/23 Convention and Cultural Services Department revenue and expenditure budgets by $251,000 (General Fund, Fund 1001).
Section 4. Exhibits A is part of this Resolution.
Table of Contents:
Exhibit A-MOSAC Agreement
2022-2023 Transient Occupancy Tax
AGREEMENT BETWEEN COUNTY OF SACRAMENTO AND CITY OF
SACRAMENTO FOR FUNDING OF SMUD MUSEUM OF SCIENCE AND CURIOSITY THIS AGREEMENT is made and entered into as of ________________, by and between the COUNTY OF SACRAMENTO, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and CITY OF SACRAMENTO, hereinafter referred to as "GRANTEE."
RECITALS
WHEREAS, the Board of Supervisors of COUNTY desires to promote economic revitalization, future development, and a healthy climate for jobs in Sacramento County which will depend upon a well-conceived system of public improvements, services and amenities that are essential to the economic well-being of the citizens of the state and County and are necessary to maintain, as well as create, employment within the state and County; and
WHEREAS, the services to be performed by GRANTEE pursuant to this contract will serve to exhibit and/or enhance the economic benefits to Sacramento County and its residents; and
WHEREAS, pursuant to California State Executive Order N-6-22 (Order) imposing economic sanctions against Russia and declaring support of Ukraine, COUNTY shall terminate any contract with any individual or entity that is in violation of the Order or that is subject to economic sanctions therein, and shall not enter a contract with any such individual or entity while the Order is in effect; and
WHEREAS, COUNTY and GRANTEE desire to enter into this Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, COUNTY and GRANTEE agree as follows:
I. SCOPE OF SERVICES
GRANTEE shall provide services in the amount, type and manner described in Exhibit A, which is attached hereto and incorporated herein.
II. TERM
This Agreement shall be effective and commence as of the date first written above and shall end on June 30, 2023.
III. NOTICE
Any notice, demand, request, consent, or approval that either party hereto may or is required to give the other pursuant to this Agreement shall be in writing and shall be either personally delivered or sent by mail, addressed as follows:
TO COUNTY
County of Sacramento
Attn: Chief Fiscal Officer
700 H Street, Ste. 7650
Sacramento, CA 95814
TO GRANTEE
City of Sacramento
Attn: Michael Jasso
915 I Street, 3
rd Floor
Sacramento, CA 95814
Either party may change the address to which subsequent notice and/or other communications can be sent by giving written notice designating a change of address to the other party, which shall be effective upon receipt.
IV. COMPLIANCE WITH LAWS
GRANTEE shall observe and comply with all applicable Federal, State, and County laws, regulations and ordinances.
V. GOVERNING LAWS AND JURISDICTION
This Agreement shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to this Agreement shall be brought in Sacramento County, California.
VI. LICENSES, PERMITS AND CONTRACTUAL GOOD STANDING
A. GRANTEE shall possess and maintain all necessary licenses, permits, certificates and credentials required by the laws of the United States, the State of California, County of Sacramento and all other appropriate governmental agencies, including any certification and credentials required by COUNTY.
Failure to maintain the licenses, permits , certificates, and credentials shall be deemed a breach of this Agreement and constitutes grounds for the termination of this Agreement by COUNTY.
B. GRANTEE further certifies to COUNTY that it and its principals are not debarred, suspended, or otherwise excluded from or ineligible for, participation in federal, State or county government contracts. GRANTEE certifies that it shall not contract with a SubGRANTEE that is so debarred or suspended.
VII. PERFORMANCE STANDARDS
GRANTEE shall perform its services under this Agreement in accordance with the industry and/or pro fessional standards applicable to GRANTEE'S mission and public purpose.
VIII. OWNERSHIP OF WORK PRODUCT
All technical data, evaluations, plans, s pecifications, reports, documents, or other work products developed by GRANTEE hereunder shall be the exclusive property of COUNTY and shall be delivered to COUNTY upon completion of the services authorized hereunder. GRANTEE may retain copies thereof for its files and internal use. Publication of the information directly derived from work performed or data obtained in connection with services rendered under this Agreement must first be approved in writing by COUNTY. COUNTY recognizes that all technical data, evaluations, plans, specifications, reports, and other work products are instruments of GRANTEE'S services and are not designed for use other than what is intended by this Agreement.
IX. STATUS OF GRANTEE
A. It is understood and agreed that GRANTEE (including GRANTEE is an independent GRANTEE and that no relationship of employer-employee exists between the parties hereto. GRANTEE
entitled to any benefits payable to employees of County as an independent GRANTEE, GRANTEE hereby indemnifies and holds County harmless from any and all claims that may be made against County based upon any contention by any third party that an employer-employee relationship exists by reason of this agreement.
B. It is further understood and agreed by the parties hereto that GRANTEE in the performance of its obligation hereunder is subject to the control or direction of County as to the designation of tasks to be performed, the results to be accomplished by the services hereunder agreed to be rendered and performed, and not the means, methods, or sequence used by GRANTEE for accomplishing the results.
C. If, in the performance of this agreement, any third persons are employed by GRANTEE, such person shall be entirely and exclusively under the direction, supervision, and control of GRANTEE. All terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by GRANTEE, and the County shall have no right or authority over such persons or the terms of such employment.
D. It is further understood and agreed that as an independent GRANTEE and not an employee of County, neither the GRANTEE nor GRANTEE
shall have a) any entitlement as a County employee; or b) except as otherwise provided by this Agreement, the right to act on behalf of County in any capacity whatsoever as agent, nor to bind County to any obligation whatsoever.
GRANTEE
GRANTEE
be entitled to compensated sick leave, vacation leave, retirement entitlement, participation in group health, dental, life and other insurance programs, or entitled to other fringe benefits payable by the County to employees of the County.
E. It if further understood and agreed that GRANTEE must issue W-2 and 941 Forms for income and employment tax pu
personnel under the terms and conditions of this agreement.
X. GRANTEE IDENTIFICATION
GRANTEE shall provide the COUNTY with the following information for the purpose of compliance with California Unemployment Insurance Code section 1088.8 and Sacramento County Code Chapter 2.160: GRANTEE address, telephone number, social secur ity number, and whether dependent health insurance coverage is available to GRANTEE.
XI. COMPLIANCE WITH CHILD, FAMILY AND SPOUSAL SUPPORT
REPORTING OBLIGATIONS
A. GRANTEE
support reporting requirements regarding a GRANTEE
implement lawfully served wage and earnings assignment orders or notices of assignment relating to child, family and spousal support obligations shall constitute a default under this Agreement.
B. GRANTEE
shall be grounds for termination of this Agreement.
XII. BENEFITS WAIVER
If GRANTEE is unincorporated, GRANTEE acknowledges and agrees that GRANTEE is not entitled to receive the following benefits and/or compensation from COUNTY: medical, dental, vision and retirement benefits, life and disability insurance, sick leave, bereavement leave, jury duty leave, parental leave, or any other similar benefits or compensation otherwise provided to permanent civil service employees pursuant to the County Charter, the County Code, the Civil and all memoranda of understanding between COUNTY and its employee organizations. Should GRANTEE or any employee or agent of GRANTEE seek to obtain such benefits from COUNTY, GRANTEE agrees to indemnify and hold
harmless COUNTY from any and all claims that may be made against COUNTY for such benefits.
XIII. RETIREMENT BENEFITS/STATUS
GRANTEE acknowledges and agrees that COUNTY has not made any representations regarding entitlement, eligibility for and/or right to receive ongoing Sacramento County Employee Retirement System (SCERS) retirement benefits during the term of this Agreement. By entering into this Agreement, GRANTEE assumes sole and exclusive responsibility for any consequences, impacts or action relating to such retirement benefits that is or will be occasioned as a result of the services provided by GRANTEE under this Agreement.
GRANTEE waives any rights to proceed against COUNTY should SCERS modify or terminate retirement benefits based on GRANTEE's provision of services under this Agreement.
XIV. CONFLICT OF INTEREST
GRANTEE and GRANTEE
interest, or acquire any financial interest, direct or indirect, in any business, property or source of income which could be financially affected by or otherwise conflict in any manner or degree with the performance of services required under this Agreement.
XV. LOBBYING AND UNION ORGANIZATION ACTIVITIES
A. GRANTEE shall comply with all certification and disclosure requirements prescribed by Section 319, Public Law 101-121 (31 U.S.C. § 1352) and any implementing regulations.
B. If services under this Agreement are funded with state funds granted to COUNTY, GRANTEE shall not utilize any such funds to assist, promote or deter union organization by employees performing work under this Agreement and shall comply with the provisions of Government Code Sections 16645 through 16649.
XVI. GOOD NEIGHBOR POLICY
A. GRANTEE GRANTEE shall
establish good neighbor practices for its facilities that include, but are not limited to, the following:
1. Provision of parking adequate for the needs of its employees and service population;
2. Provision of adequate waiting and visiting areas;
3. Provision of adequate restroom facilities located inside the facility;
4. Implementation of litter control services;
5. Removal of graffiti within seventy-two hours;
6. Provision for control of loitering and management of crowds;
7. Maintenance of facility grounds, including landscaping, in a manner that is consistent with the neighborhood in which the facility is located;
8. Participation in area crime prevention and nuisance abatement efforts; and
9. Undertake such other good neighbor practices as determined appropriate
GRANTEE
which such facility is located.
B. GRANTEE shall identify, either by sign or other method as approved by the DIRECTOR, a named representative who shall be responsible for responding to any complaints relating to GRANTEE
neighbor practices specified in this Section. GRANTEE shall post the name and telephone number of such contact person on the outside of the facility, unless otherwise advised by DIRECTOR.
C. GRANTEE shall comply with all applicable public nuisance ordinances.
D. GRANTEE shall establish an ongoing relationship with the surrounding businesses, law enforcement and neigh borhood groups and shall be an active member of the neighborhood in which GRANTEE
E. If COUNTY finds that GRANTEE has failed to comply with the Good Neighbor Policy, COUNTY shall notify GRANTEE in writing that corrective action must be taken by GRANTEE within a specified time frame. If GRANTEE fails to take such corrective action, COUNTY shall take such actions as are necessary to implement the necessary corrective action. COUNTY shall deduct any actual costs incurred by COUNTY when implementing such corrective action from any amounts payable to GRANTEE under this Agreement.
F. GRANTEE
-compliance with the Good Neighbor Policy shall be
grounds for termination of this Agreement and may also result in ineligibility for additional or future contracts with COUNTY.
XVII. NONDISCRIMINATION IN EMPLO YMENT, SERVICES, BENEFITS AND
FACILITIES
A. GRANTEE agrees and assure s COUNTY that GRANTEE and any subGRANTEEs shall comply with all applicable federal, state, and local Anti- discrimination laws, regulations, and ordinances and to not unlawfully discriminate, harass, or allow harassment against any employee, applicant for employment, employee or agent of COUNTY, or recipient of services contemplated to be provided or provided under this Agreement, because of race, ancestry, marital status, color, religiou s creed, political belief, national origin, ethnic group identification, sex, sexual orientation, age (over 40), medical condition (including HIV and AIDS), or physical or mental disability. GRANTEE shall ensure that the evaluation and treatment of its employees and applicants for employment, the treatment of COUNTY employees and agents, and recipients of services are free from such discrimination and harassment.
B. GRANTEE represents that it is in compliance with and agrees that it will continue to comply with the Americans wi th Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), the Fair Employment and Housing Act (Government Code §§ 12900 et seq.), and regulations and guidelines issued pursuant thereto.
C. GRANTEE agrees to compile data, maintain records and submit reports to permit effective enforcement of all applicable antidiscrimination laws and this provision.
D. GRANTEE shall include this nondiscrimination provision in all subcontracts related to this Agreement.
XVIII. INDEMNIFICATION
To the fullest extent permitted by law, GRANTEE shall indemnify, defend, and hold harmless County, its governing Board, officers, directors, officials, liabilities, damages, and all expenses and costs incidental thereto (collectively attorneys' fees, resulting from injuries to or death of persons, including but not limited to employees of either Party hereto, and damage to or destruction of property or loss of use thereof, including but not limited to the property of either Party hereto, arising out of, pertaining to, or resulting from the acts or omissions of the GRANTEE, its officers, employees, or agents, or the acts or omissions of anyone else directly or indirectly acting on behalf of the GRANTEE, or for which the GRANTEE is legally liable under law regardless of whether caused in part by
an Indemnified Party. GRANTEE shall not be liable for any Claims arising from the sole negligence or willful misconduct of an Indemnified Party.
This indemnity shall not be limited by the types and amounts of insurance or self- insurance maintained by the GRANTEE or the GRANTEE
GRANTEEs.
Nothing in this Indemnity shall be construed to create any duty to, any standard of care with reference to, or any liability or obligation, contractual or otherwise, to any third party.
The provisions of this Indemnity shall survive the expiration or termination of the Agreement.
XIX. INSURANCE
GRANTEE, at its sole cost and expense, shall carry insurance, or self- insure its activities in connection with this Agreement, and obtain, keep in force and maintain, insurance or equivalent program of self-insurance, for property, general liability, workers compensation and business automobile liability adequate to cover its potential liabilities hereunder. GRANTEE cancellation, termination or lapse of any of the insurance or self-insurance coverages. Failure to maintain insurance as required in this Agreement is material breach of contract and may be grounds for termination of the Agreement.
GRANTEE shall be responsible for the acts and omissions of all its contractors and subcontractors and shall require all of its contractors and subcontractors to maintain adequate insurance.
GRANTEE shall provide GRANTOR proof of insurance or self- insurance upon
request.
XX. INFORMATION TECHNOLOGY ASSURANCES
GRANTEE shall take all reasonable precautions to ensure that any hardware, software, and/or embedded chip devices used by GRANTEE in the performance of services under this Agreement, other than those owned or provided by COUNTY, shall be free from viruses. Nothing in this provision shall be construed to limit any rights or remedies otherwise available to COUNTY under this Agreement.
XXI. WEB ACCESSIBILITY
XXII. COMPENSATION AND PAYMENT OF INVOICES LIMITATIONS
A. Compensation under this Agreement shall be limited to the Maximum Total Payment Amount set forth in Exhibit A-1, or Exhibit A as modified by COUNTY in accordance with express provisions in this Agreement.
B. GRANTEE shall submit an invoice outlining description of services for payment by COUNTY upon full execution of this Agreement. Invoices shall be submitted to COUNTY no later than the fifteenth (15th) day of the month following the invoice period, and COUNTY shall pay GRANTEE within thirty (30) days after receipt of an appropriate and correct invoice.
C. COUNTY operates on a July through June fiscal year. Invoices for services provided in any fiscal year must be submitted no later than July 31, one month after the end of the fiscal year. Invoices submitted after July 31 for the prior fiscal year shall not be honored by COUNTY unless GRANTEE has obtained prior written COUNTY approval to the contrary.
D. GRANTEE shall maintain for four years following termination of this agreement full and complete documentation of all services and expenditures associated with performing the services covered under this Agreement. Expense documentation shall include: time sheets or payroll records for each employee; receipts for supplies; applicable subcontract expenditures; applicable overhead and indirect expenditures.
E. In the event GRANTEE fails to comply with any provisions of this Agreement, COUNTY may withhold payment until such non-compliance has been corrected.
XXV. SUBCONTRACTS, ASSIGNMENT
A. GRANTEE shall obtain prior written approval from COUNTY before subcontracting any of the services delivered under this Agreement. GRANTEE remains legally responsible for the performance of all contract terms including work performed by third parties under subcontracts. Any subcontracting will be subject to all applicable provisions of this Agreement. GRANTEE shall be held responsible by COUNTY for the performance of any subGRANTEE whether approved by COUNTY or not.
B. This Agreement is not assignable by GRANTEE in whole or in part, without the prior written consent of COUNTY.
XXVI. AMENDMENT AND WAIVER
Except as provided herein, no alteration, amendment, variation, or waiver of the terms of this Agreement shall be valid unless made in writing and signed by both parties. Waiver by either party of any default, breach or condition precedent shall
not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder. No interpretation of any provision of this Agreement shall be binding upon COUNTY unless agreed in writing by DIRECTOR and counsel for COUNTY.
XXVII. SUCCESSORS
This Agreement shall bind the successors of COUNTY and GRANTEE in the same manner as if they were expressly named.
XXVIII. TIME
Time is of the essence of this Agreement.
XXIX. INTERPRETATION
This Agreement shall be deemed to have been prepared equally by both of the parties, and the Agreement and its individual provisions shall not be construed or interpreted more favorably for one party on the basis that the other party prepared it.
XXX. DIRECTOR
As used in this Agreement, "DIRECTOR" shall mean the County Executive Officer, or his/her designee.
XXXI. DISPUTES
In the event of any dispute arising out of or relating to this Agreement, the parties shall attempt, in good faith, to promptly resolve the dispute mutually between themselves. Pending resolution of any such dispute, GRANTEE shall continue without delay to carry out all its responsibilities under this Agreement unless the Agreement is otherwise terminated in accordance with the Termination provisions herein. COUNTY shall not be required to make payments for any services that are the subject of this dispute resolution process until such dispute has been mutually resolved by the parties. If the dispute cannot be resolved within 15 calendar days of initiating such negotiations or such other time period as may be mutually agreed to by the parties in writing, either party may pursue its available legal and equitable remedies, pursuant to the laws of the State of California. Nothing in this Agreement or provision shall constitute a waiver of any of the government claim filing requirements set forth in Title 1, Division 3.6, of the California Government Code or as otherw ise set forth in local, state and federal law.
XXXII. TERMINATION
A. COUNTY may terminate this Agreement without cause upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. If notice of termination for cause is given by COUNTY to GRANTEE and it is later determined that GRANTEE was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to this paragraph (A).
B. COUNTY may terminate this Agreement for cause immediately upon giving written notice to GRANTEE should GRANTEE materially fail to perform any of the covenants contained in this Agreement in the time and/or manner specified.
In the event of such termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. If notice of termination for cause is given by COUNTY to GRANTEE and it is later determined that GRANTEE was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to paragraph (A) above.
C. COUNTY may terminate or amend this Agreement immediately upon giving written notice to GRANTEE, 1) if advised that funds are not available from external sources for this Agreement or any portion thereof, including if distribution of such funds to the County is suspended or delayed; 2) if funds for the services and/or programs provided pursuant to this Agreement are not appropriated by the State; 3) if funds in COUNTY's yearly proposed and/or final budget are not appropriated by COUNTY for this Agreement or any portion thereof; or 4) if funds that were previously appropriated for this Agreement are reduced, eliminated, and/or re-allocated by COUNTY as a result of mid-year budget reductions.
D. If this Agreement is terminated under paragraph A or C above, GRANTEE shall only be paid for any services completed and provided prior to notice of termination. In the event of termination under paragraph A or C above, GRANTEE shall be paid an amount which bears the same ratio to the total compensation authorized by the Agreement as the services actually performed bear to the total services of GRANTEE covered by this Agreement, less payments of compensation previously made. In no event, however, shall COUNTY pay GRANTEE an amount which exceeds a pro rata portion of the Agreement total based on the portion of the Agreement term that has elapsed on the effective date of the termination.
E. GRANTEE shall not incur any expenses under this Agreement after notice of termination and shall cancel any outstanding expenses obligations to a third party that GRANTEE can legally cancel.
XXXIII. REPORTS
GRANTEE shall, without additional compensation therefor, make fiscal, program evaluation, progress, and such other reports as may be reasonably required by COUNTY concerning GRANTEE's activities as they affect the contract duties and purposes herein. COUNTY shall explain pr ocedures for repor ting the required information.
XXXIV. AUDITS AND RECORDS
Upon COUNTY's request, COUNTY or its designee shall have the right at reasonable times and intervals to audit, at GRANTEE's premises, GRANTEE's financial and program records as COUNTY deems necessary to determined GRANTEE's compliance with legal and contractual requirements and the correctness of claims submitted by GRANTEE. GRANTEE shall maintain such records for a period of four years following termination of the Agreement, and shall make them available for copying upon COUNTY's request at COUNTY's expense. COUNTY shall have the right to withhold any payment under this Agreement until GRANTEE has provided access to GRANTEE's financial and program records related to this Agreement.
XXXV. PRIOR AGREEMENTS
This Agreement constitutes the entire contract between COUNTY and GRANTEE regarding the subject ma tter of this Agreement. Any prior agreements, whether oral or written, between COUNTY and GRANTEE regarding the subject matter of this Agreement are hereby terminated effective immediately upon full execution of this Agreement.
XXXVI. SEVERABILITY
If any term or condition of this Agreement or the application thereof to any person(s) or circumstance is held invalid or unenforceable, such invalidity or unenforceability shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application; to this end the terms and conditions of this Agreement are declared severable.
XXXVII. FORCE MAJEURE
Neither GRANTEE nor COUNTY shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control of such party and without fault or negligence of such party. Such events shall include but not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to
cooperate of the other party or third parties (except as otherwise specifically provided herein).
XXXVIII. SURVIVAL OF TERMS
All services performed and deliverables provided pursuant to this Agreement are subject to all of the terms, conditions, price discounts and rates set forth herein, notwithstanding the expiration of the initial term of this Agreement or any extension thereof. Further, the terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Agreement shall so survive.
XXXIX. DUPLICATE COUNTERPARTS
This Agreement may be executed in duplicate counterparts. The Agreement shall be deemed executed when it has been signed by both parties.
Signatures scanned and transmitted electronically shall be deemed original signatures for purposes of this Agreement, with such scanned signatures having the same legal effect as original signatures. This Agreement may be executed through the use of an electronic signature and will be binding on each party as if it were physically executed.
EXHIBIT A to Agreement
between the COUNTY OF SACRAMENTO,
hereinafter referred to as "COUNTY," and
CITY OF SACRAMENTO,
hereinafter referred to as "CONTRACTOR"
Organization: SMUD Museum of Science and Curiosity (MOSAC) Total Grant: $344,000
Project Scope of Work
The City of Sacramento will receive the above grant to fund activities for the SMUD in the 2022-2023 County F iscal Year
Agreement between the California Inf rastructure and Development Bank and MOSAC (the 2018 Loan Agreement).
Capitol
region around science and technology, education, and exploration. The mission of MOSAC is to engage and inspire people of all ages to explore the wonders, possibilities and responsibilities of science.
$93,000 received from the County of Sacramento is for the purpose of operating the SMUD MOSAC formerly the Powerhous e Science Center, developing and performing educational programming throughout the year, and providing services at its new location where it is anticipated to serve 250,000 visitors each year.
MOSAC programs include:
Exhibits.
School Field Trips.
Planetarium Programs.
Lab Experiences - Based on Next-Gen Science standards,
students participate in or observe labs on science curriculum including Cell Biology and Energy.
Camp Curiosity - MOSAC will be hosting summer camps for children entering Kindergarten through Sixth grades (over 900 children) from June to August. These camps are being offered to MOSAC members, the general community, school groups and on a scholarship basis in partnership with Urban Strategies/SHRA.
Classroom Outreach Programs - Outreach programs to classes to deliver Next-Gen based interactive programming to students in Kindergarten through Sixth Grade focusing on: insects, rocks,
fossils, and waves. These programs aim to get kids excited about science and inspired to learn more.
Family Programming - MOSAC hosts family and community
programs, providing opportunities for parents and children to explore science themes together.
Science Academies In partnership with the Sacramento County Office of Education, MOSAC has developed Life Science and Energy Academies for students in elementary and middle school.
Volunteer Program.
Teacher Support.
Partnership Programs - MOSAC actively works with other
community organizations to provide meaningful learning
opportunities for its constituents.
Young Adults and Professionals - of
engaging people of all ages, it is developing more programs for young adults in the community, especially along the vein of becoming more STEM-literate and understanding the
responsibilities of science. MOSAC has begun to offer adult-only science nights at the museum.
The County shall provide $251,000 in grant support which is to be applied towards repayment of the 2018 Series B (Tax-exempt) Bonds, that were used to construct the property located at 400 Jibboom Street, Sacramento, CA 95811. The amount is subject to annual appropriation and budget availability of the County. For the fiscal year ending June 30, 2023, total principal and interest payments due on the 2018 Loan Agreement is $1,100,119.
The final debt payment is June 2047 at which time any future County payments, which are subject to annual appropriation, will return to operational support only.
EXHIBIT A-1 to Agreement
between the COUNTY OF SACRAMENTO,
hereinafter referred to as "COUNTY," and
CITY OF SACRAMENTO,
hereinafter referred to as "CONTRACTOR"
COMPENSATION; INVOICING; PAYMENT MOSAC
I. COMPENSATION:
A. The maximum total payment amount under this Agreement is $344,000.00.
B. CONTRACTOR shall receiving funding on a quarterly basis upon submission of an invoice and the availability of funds, according to the schedule below:
Initial Payment (upon full
execution of the a
greement)
$23,250.00
October 31, 2022 $23,250.00, $251,000
(debt payment)
January 31, 2023 $23,250.00
April 30, 2023 (Final Payment) $23,250.00
Total Payment $344,000.00