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
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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.
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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
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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
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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
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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:________
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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