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HomeMy WebLinkAbout2021-609-E-Arts Commission-KIDZU-Restart the Arts September 2021 v0.1 ORANGE COUNTY ARTS COMMISSION 2020-21 RESTART THE ARTS GRANT AGREEMENT THIS AGREEMENT, entered into this 6th day of October, 2021, by and between Orange County ("County"), by and through the Orange County Arts Commission ("Arts Commission") and Chapel Hill-Carrboro Children's Museum DBA KIDZU ("Grant Recipient"). WHEREAS, the County established the Arts Commission as a countywide arts agency that ensures the growth of local arts experiences by providing funding and support for diverse high quality programs and projects; and, WHEREAS, the Arts Commission administers the Restart the Arts Grant Program to provide economic relief to Orange County arts organizations impacted by the COVID-19 pandemic; and, WHEREAS, the Restart the Arts Grants Program is supported by Arts Commission with American Rescue Plan Act funds; and, WHEREAS, the COVID-19 pandemic has disproportionately impacted the arts and entertainment industry, stopping nearly all direct spending by nonprofit arts organizations and their patrons in our local economy, a loss estimated to be more than $130M; and WHEREAS, the Orange County Arts Commission and Orange County Board of Commissioners wish address both economic and societal chal lenges faced by our community in the wake of the current, prolonged shutdown of the arts industry; and, WHEREAS, the American Rescue Plan Act provides that funds may be used to respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; and, WHEREAS, the Restart the Arts Grant Program aligns with the funding priorities identified in the American Rescue Plan (ARP), including:  Assist Orange County households by putting our artists back to work. There are approximately 4,000 creative workers in Orange County. This program will support employment of our creative workforce through nonprofit support and expanded programs.  Help our small businesses by restoring arts audiences. Arts patrons spend $36.7M each year in our small businesses when attending arts events, ten DocuSign Envelope ID: 18FE1632-1968-4813-8295-6CB28BF1FBB7 September 2021 v0.1 times more than sports patrons. Nonprofit support will restore and increase these audiences.  Help our arts and cultural nonprofit organizations through funding. There are approximately 170 arts and cultural organizations in Orange County whose services range from arts education to art therapy to preservation of cultural landmarks.  Aid impacted industries such as tourism, travel and hospitality. Prior to the pandemic, an estimated 1.9M people attended nonprofit arts events in Orange County annually, with 54% of attendees being non-Orange County residents. Restart the Arts will restore and grow these audiences through the creation of new programs and events; and, WHEREAS, the Grant Recipient was selected by the Arts Commission to receive the Restart the Arts Grant through the procedures duly adopted by the Arts Commission; and, WHEREAS, both parties wish to promote and maintain the integrity and clarity of the Grant Recipient's ideas and statements and delineate the Grant Recipient’s obligations to the County. NOW, THEREFORE, the County and the Grant Recipient, for the consideration and under the conditions hereinafter set forth, agree as follows: 1. Approved Grant Project. Grant funds ae provided under this Agreement for Operations and Programmatic Support described in the Grant Recipient’s Grant Application, attached hereto and incorporated herein as Exhibit A. 2. Grant Award. Grant funds in an amount not to exceed five thousand dollars ($5,000.00 ) have been awarded by the Arts Commission to the Grant Recipient for the approved Project. 3. Contingency. This grant is contingent on American Rescue Plan Act funding to Orange County. Final decisions on funds are subject to rules promulgated by the US Treasury. 4. Responsibilities of the Grant Recipient A. Implementation. These grant funds are to be used by June 30, 2022. Grantees shall be required to submit documentation of expenses in final report. Grantees have to submit documentation of expenses incurred in order to receive funds. If Grantees do not submit proper documentation, they will not be eligible for reimbursement under the Agreement. B. Non–assignment. The grant cannot be assigned or transferred to a different organization without prior written approval of the Arts Commission. DocuSign Envelope ID: 18FE1632-1968-4813-8295-6CB28BF1FBB7 September 2021 v0.1 C. Records. Grant Recipient must maintain records and other evidence pertaining to costs incurred and revenues acquired during the Project implementation. Grant Recipient shall maintain financial records pertaining to the Project for three (3) years from the date of this Agreement, in case of audit. D. Use of Funds. The grants shall be utilized solely for the purpose described in the attached Exhibit A E. Final Report. Grant Recipient shall submit to the Arts Commission a Final Report the date of which shall be provided by the Arts Commission Director. The Final Report shall be in the format acceptable to the Arts Commission. Failure to submit the Final Report or late submission of the Final Report, for any reason, shall be grounds for denial and/or cancellation of grant funds for the Project and future grant proposals. 5. Responsibilities of the Arts Commission A. Payment. The Arts Commission shall release the grant funds in the amount of $ 5,000.00 to the Grant Recipient. 6. Publicity A. Acknowledgement. Credit must be given to the Orange County Arts Commission in brochures, news releases, programs, and all other printed and online publications. Copies of such printed materials must accompany the evaluation report. Official Orange County Arts Commission logos may be downloaded at www.artsorange.org/grantee-resources and may not be altered in any way. When no printed information is used, verbal credit shall be given. B. The Grant Recipient must enter all events, exhibits, and performances open to the public and related to this grant award on the Orange County Arts Commission website at www.artsorange.org/events . In addition, the Grant Recipient must add a link to www.artsorange.org (Orange County Arts Commission logo preferred) to their main webpage. Logos can be found at https://artsorange.org/ocacgrants/grantee-resources/logo-usage-credit-lines/ 7. Indemnity. The Grant Recipient agrees to indemnify and hold harmless the County, the Arts Commission and their officers and employees from any and all claims or actual injury, damage or loss to a person, or real or personal property that results from or is in any way connected to the use of the grant funds. 8. Independent Contractor. The Grant Recipient is an independent contractor and not an employee, agent or other representative of the County and/or the Arts Commission. Nothing contained in this Agreement shall be construed to create the relationship of principal and agent, or employer and employee, between Grant Recipient and Arts Commission or Orange County Government. Grant Recipient understands and agrees that they are not authorized to incur any expenses or any liability whatsoever on behalf of the County or the Arts Commission and has no authority, expressed or implied, to DocuSign Envelope ID: 18FE1632-1968-4813-8295-6CB28BF1FBB7 September 2021 v0.1 obligate or make representations on behalf of the County or the Arts Commission. In addition, Grant Recipient agrees to maintain their own worker's compensation insurance for themselves and their employees. 9. Termination A. In the event of any of the circumstances set forth below (hereinafter referred to as “default”), the Arts Commission or County may immediately terminate this Agreement: (i) Any fraudulent representation in any verification required to obtain payment under this Agreement or other dishonesty on a material matter relating to the performance of services under this Agreement. (ii) Nonperformance, incomplete service or performance, or failure to satisfactorily comply with any provision of this Agreement, as determined by the County in its sole discretion. (iii) Failure to adhere to the terms of applicable county, state or federal laws, regulations, or stated public policy. B. In the event of default by the Grant Recipient, the Arts Commission has the discretion to elect to terminate this Agreement, in whole or in part and/or require the Grant Recipient to repay the grant funds within seven (7) days from written notice of default or allow the grant recipient the opportunity to cure the default. This clause shall not be interpreted to limit the County’s or the Arts Commission’s remedies in law or in equity. 10. Miscellaneous. A. Entire Agreement. This Agreement and the attachments contain the final and entire understanding of the parties with respect to the subject matter of this Agreement. All modifications and amendments to this Agreement shall be in writing. This Agreement shall be binding upon the parties, their heirs, successors and assigns. B. Governing Law. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. Grant Recipient shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this requirement is a breach of this Agreement and Arts Commission may immediately terminate this Agreement without further obligation on the part of the Arts Commission. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing DocuSign Envelope ID: 18FE1632-1968-4813-8295-6CB28BF1FBB7 September 2021 v0.1 this Agreement the Grant Recipient certifies that they has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement the Grant Recipient certifies that they has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Grant Recipient affirms they are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. C. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. D. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. IN WITNESS WHEREOF, the Orange County and the Grant Recipient have signed this Grant Agreement, effective on the last date this Agreement is signed by both parties as indicated by the dates set forth under signatures below. For and on behalf of the Grant Recipient Lisa Van Deman, Executive Director Date For and on behalf of Orange County Government Bonnie Hammersley, County Manager Date DocuSign Envelope ID: 18FE1632-1968-4813-8295-6CB28BF1FBB7 10/7/2021 10/12/2021 September 2021 v0.1 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: KIDZU Party/Vendor Contact Person: Lisa Van Deman Contact Phone: 919-933-1455 Party/Vendor Address: 201 S. Estes Drive, Ste A9 City Chapel Hill State: NC Zip: 27514 Department: County Manager Amount: $5,000.00 Purpose: Restart the Arts Budget Code(s): 49601020-683012-96002 Vendor # 800388 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date Approved by Board Yes No Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to exec ution of the agreement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign cont racts: Office of the Clerk to the Board __________________________________________Date:________ DocuSign Envelope ID: 18FE1632-1968-4813-8295-6CB28BF1FBB7 10/7/2021 10/10/2021 10/12/2021 10/12/2021 Orange County Arts Commission Powered by Submittable Name of organization or business Chapel Hi l l -Carrboro Chi l dren's Museum (dba Ki dzu) by Vanessa Riv ero in Restart the Arts Grant Application 201 S. Estes Drive Ste. A9 Chapel Hill, North Carolina 27514 United States 9199331455 rivero@kidzuchildrensmuseum.org 08/29/2021 id. 21091883 Original application 08/29/2021 ORGANIZATION/BUSINESS INFORMATION n/a Date organization was formed 03/07/2006 Authorizing Official Lisa Van Deman, Executiv e Director Authorizing Official - phone number 9199331455 Authorizing Official - email v andeman@kidzuchildrensmuseum.org Grant Manager - name (if different from Authorizing Official) Vanessa Riv ero Grant Manager - phone (if different from Authorizing Official) n/a Grant Manager - email (if different from Authorizing Official) riv ero@kidzuchildrensmuseum.org Is your organization physically located in Orange County, NC? Yes DocuSign Envelope ID: 18FE1632-1968-4813-8295-6CB28BF1FBB7 Organization street or PO Box address 201 S. Estes Driv e, Ste A9 Organization City Chapel Hill Organization State NC Organization Zip Code 27514 Organization website www.kidzuchildrensmuseum.org Organization Tax ID 202058235 Applicant Race/Ethnicity W hite, not Hispanic Legal Status:501(c)3 or 501(c)6 Nonprofit Organization IRS Determination Letter Copy_of_Kidzu_IRS_Determination_Letter.pdf Are 25% or more of your annual expenses related to the visual, performing or literary arts? Yes NARRATIVE n/a W hat is the mission of your organization? W ith a focus on STEM education, the arts, child health and emerging literacy, Kidzu Children’s Museum inspires children and the adults in their liv es to learn through creativ e, purposeful play. DocuSign Envelope ID: 18FE1632-1968-4813-8295-6CB28BF1FBB7 Provide a brief description of your pre-pandemic core arts-related programming or offerings. Prior to the 2020 COVID pandemic, Kidzu serv ed 65,000-80,000 v isitors on-site and another 5,000+ through targeted initiativ es and community outreach. Kidzu serv es families primarily liv ing in a 5- county radius (Orange 45%, Durham 30%, Chatham 15%, Alamance 5%, W ake 5%). Surv eys compiled in 2018-19 showed that ov er 55% of v isitors self-identified as “minority/non-white”. Kidzu serv es a significant Chinese population as well as a growing Hispanic/LatinX audience, and prov ides exhibit graphics and program guides in Spanish and Mandarin, as well as English. A rough demographic breakdown of annual v isitation: 45% W hite, 20% Asian, 15% Hispanic, 10% African-American, 5% Middle Eastern, 5% Other. Ages: Children 0-3: 40%; Adults 21-30: 5%; Children 4-6: 35%; Adults 31-40: 35%; Children 7-10: 20%; Adults 41-50: 30%; Tween/Teen: 5%; Adults 51- 60: 15%; Adults Ov er 60: 15%. Kidzu Children’s Museum believ es that the arts is one of the most powerful educational tools. The past year has demonstrated time and time again the critical importance of the arts and hands-on learning to the healthy dev elopment of the whole child. As a trusted resource for children and families throughout Orange County, Kidzu has been repeatedly recognized for its innov ativ e programming and its multiple collaborations with area artists and performers. Our Forest Theater encourages dramatic/theatrical play and our Makery inspires children and their caregiv ers to explore different materials and create innov ativ e art pieces. Pre-pandemic, we hosted local artists for our “Mix it Up” in the Makery series, where we connected artists with local families, and encouraged children to learn about all the different types of artistic expression. Additionally, we hosted many community outreach ev ents and monthly open-access Sundays, to enhance accessibility to our offerings and ensure that all families could participate in our arts-based programming. DocuSign Envelope ID: 18FE1632-1968-4813-8295-6CB28BF1FBB7 Please explain the impact of your organization on the Orange County community in a typical year. Kidzu Children’s Museum serv es as a hub for creativ e and innov ativ e learning for all Orange County families. Located at Univ ersity Place near downtown Chapel Hill and one mile from the Univ ersity of North Carolina, Kidzu’s physical site houses 9,000sq of exhibits, designed to reflect the ethos of our community and to engage young children in exploration, collaboration, creativ ity and 21st century skill-building. From a multi-story indoor treehouse, to exhibits inspired by the local farm-to-fork mov ement, to a performance space housing multiple opportunities for dramatic play, to a literacy area highlighted by the work of local authors, Kidzu prov ides a wealth of experiential activ ities for children ages infant to pre-teen. The epicenter of the v isitor experience is The Makery - the first maker space designed specifically for young children in the Southeast. Pre-pandemic, we serv ed approximately 65-80,000 v isitors per year in our museum space, with approximately 45% of v isitors being Orange County residents. Our monthly open-access Sundays allowed for all families to v isit, regardless of their ability to pay, and brought in ov er 1,000 v isitors per month. Additionally, before the pandemic, Kidzu partnered with many local Orange County social serv ice agencies to prov ide sponsored organizational memberships, to allow those families to v isit Kidzu and our many exhibits whenev er they like. In June 2020, Kidzu receiv ed Smart Start funds from the Orange County Partnership for Young Children to facilitate weekly, ev idence- based supported playgroups targeting Orange County, FFN (family, friend, and neighbor) caregiv ers and children ages 0-3 years. W hile FFN care is prev alent across socioeconomic and racial-ethnic groups, the families most likely to use it are low-to-moderate income, Latino or African American, and refugees and immigrants (Packard Foundation). Dev eloped with support from UNC-CH’s FPG Child Dev elopment Center, the playgroups are prov ided at no cost to children and caregiv ers throughout Orange County. These playgroups prov ide dev elopmentally appropriate activ ities for young children to do at home with their families, and the curriculum heav ily emphasizes the importance of utilizing the arts as a tool for ov erall dev elopment. In 2020-2021, Kidzu offered 28 playgroups and interacted with 22 unique families. Kidzu has receiv ed funding in 2021-2022 to expand these playgroups to ev en more Orange County families. Kidzu designed our exhibit spaces in collaboration with many local artists, and we continually inv ite artists back into the space for programming purposes. Our “Mix it Up” in the Makery series allows local artists to interact with families in our Makery, and expose children to a v ariety of artistic mediums and methods. Additionally, we welcome local authors and theatrical organizations (such as Puppet Inc., Center Theater, etc.) into our Forest Theater for book readings, theatrical performances, and other activ ities. Pre- pandemic, artists were prov ided with a stipend for their time and serv ices in our museum space. DocuSign Envelope ID: 18FE1632-1968-4813-8295-6CB28BF1FBB7 Please explain your intended use of a Restart the Arts Grant, if awarded. Restart the Arts funding is requested to help Kidzu continue to meet its mission, and use the arts to engage children in creativ e and intentional play within the on-site museum, as well as v irtually. The arts are at the core of all we do, and the primary captiv ator of imagination and full-on engagement for the children and families we serv e. Funding would be used to support these critical activ ities, which welcome families to explore creativ ity and artistic expression together. Additionally, Kidzu is on the precipice of a multi-phase expansion that will triple the size of the current museum, while inv esting in an infrastructure to reach children and families throughout our State. The museum is currently in the midst of its first phase expansion with The Nest, an early learning lab and dedicated exhibit and program space for infants, toddlers, and those who care for them. W hile the COVID-19 pandemic has significantly delayed the opening of this env ironment, we are planning for a late Fall 2021 phased opening, with a more comprehensiv e opening starting in early 2022. As our larger museum was designed in collaboration with local artists, we hav e taken the same approach to designing and curating our Nest space. Kidzu is currently working with sev eral different artists to enrich the space and guide future arts-based programming for babies, infants, and their caregiv ers. W e will continue to work closely with local artists as we finish the build-out of the exhibit, and plan for our opening. Restart the Arts funds will be used to support the artists we are working with in this space (both personnel and material costs), as well as support Kidzu staff members who are facilitating this process. DocuSign Envelope ID: 18FE1632-1968-4813-8295-6CB28BF1FBB7 Please explain measures taken by your organization to mitigate the spread of COVID-19. Kidzu closed on March 15, 2020, in response to the COVID-19 pandemic. In April 2020, all part-time staff were furloughed and all remaining staff took 50% salary reductions. All non-essential expenditures were suspended. Earned rev enue (admissions, program fees, etc.) accounts for 50% of the museum’s annual operating budget, all of which was eliminated completely during the 9 months the museum was closed. The remaining Kidzu team aimed to meet families at home, while recognizing the div ersity within our community and v ariability of family circumstances. The “Kidzu@Home” v irtual museum launched in April, 2020, and has grown ov er the years into a resource garnering not only local, but national attention for its rich array of resources, online kits and curriculum guides, v ideo activ ities, story times, and Facebook Liv e ev ents for families and teachers. All of the v irtual material is open-sourced and many activ ities and story times are av ailable in Spanish and Mandarin in addition to English; all is meant to inspire full family engagement and augment home and school-based learning. Kidzu re-opened its doors for pre-registered, limited v isitation mid- Nov ember 2020 in accordance with the State of NC’s indoor capacity limitations. The museum is currently serv ing 20% of its pre-COVID capacity on-site, and is av eraging 15% of it’s pre-pandemic earned rev enue each month. As a part of our health and safety requirements, all v isitors (ages 2+) must wear masks while inside our museum space (regardless of v accination status), there are enhanced cleaning schedules in accordance with CDC guidelines and standards set forth by the Association of Children’s Museums, 12 hand sanitizer stations throughout the exhibit areas, and multiple baskets around for “touched toys.” Extensiv e surv eying of Kidzu member families has guided our decision-making, and the ov erwhelming message is that, for a majority of families, until the v accines are av ailable to children, caregiv ers continue to be extremely cautious about returning to heav ily tactile, indoor spaces. COVID-19 IMPACT DATA This data is for the OCAC's informational purposes only and may or may not be applicable to your organization depending on your structure. Number of Staff Eliminated since March 15, 2020 6PT Number of Staff Positions Furloughed/Hours Reduced since March 15, 2020 15 FTE furloughed in March 2020 and gradual rehires beginning December 2020 and continuing; 9 FTE reduced hours between March-August 2020 DocuSign Envelope ID: 18FE1632-1968-4813-8295-6CB28BF1FBB7 Number of Public Events Cancelled since March 15, 2020 200 Total Lost Attendance since March 15, 2020 82828 Number of Artists paid during calendar year 2019 6 Number of Artists paid during calendar year 2020 0 FINANCIAL INFORMATION n/a 2018-19 (2019) Actual FY Income 687440 2018-19 (2019) Actual FY Expense 831598 2019-20 (2020) Actual FY Income 470593.59 2019-20 (2020) Actual FY Expense 555337.97 2020-21 Actual FY Income (Budgeted 2021 Income for those on a calendar fiscal year) 704800.02 2020-21 (2021) Actual FY Expense (Budgeted 2021 Expense for those on a calendar fiscal year) 704115.80 Please upload your current fiscal year Operating Budget Kidzu_-_Budget_2021_for_Grants.pdf Upload Year-to-Date Balance Sheet Kidzu_-_StatementofFinancialPosition_August_2021.pdf ELIGIBLE EXPENSES n/a DocuSign Envelope ID: 18FE1632-1968-4813-8295-6CB28BF1FBB7 COVID-19 Relief Funding Already Received 9a0dc96e-eb33-46d5-b9d0-fc7818df7dd4.xlsx ACKNOW LEDGMENT Please read the following statements below and click to agree to each statement. By submitting this application, I acknowledge I have read and understood the guidelines for the Restart the Arts Grant Program. I make the following representations and acknowledge agreement to the following terms and conditions: I am the duly authorized representativ e of the entity named abov e and can bind the entity to the terms of this Agreement. If funds are prov ided by Restart the Arts, the funds will be used for the purposes set forth abov e. I bear full responsibility for any and all tax consequences of receiv ing grant funds. The representations made by the applicant in this Application are material terms of the Agreement, as is compliance with the Grant Program. The OCAC may cancel this Agreement at any time upon discov ery that any of the information set forth abov e is inaccurate, that these terms hav e been v iolated, or any prov ision of the Grant Program has been v iolated. If funded, the applicant will prov ide documentation as ev idence for future expenses. Documents such as receipts, bill/inv oices, monthly financial statements, and payroll ledgers. DocuSign Envelope ID: 18FE1632-1968-4813-8295-6CB28BF1FBB7