HomeMy WebLinkAboutCarlsbad Village Association; 2019-08-02;2019 GRANT AGREEMENT FOR Carlsbad Village Association
This agreement, is made on the~ day of :A,~u.b, , 2o_fi_, by Carlsbad Village
Association (ORGANIZATION), hereinafter referred to ~ntee," and the CITY OF CARLSBAD, a
municipal corporation, hereinafter referred to as "City" (the "Agreement.") City, as Grantor, agrees to
provide Grantee the Grant funds awarded to Grantee during the 2019 Community Arts Grants Program
in an amount not to exceed five hundred dollars ($500) ("Grant.") The purpose of the Grant is to
provide funds to Grantee for the project outlined in the Agreement Scope ("Agreement Scope").
Project Title: Live Music on Stage at Art in the Village Event
The grant provided herein is comprised of public funds. Therefore, to ensure that the public funds are
used for a public purpose, in accordance with the law, the City and Grantee hereby agree to the
following terms.
TERMS AND CONDITIONS OF GRANT
1. TERM. The term of this Agreement shall mean the period commencing on the effective date of
this Agreement and expiring on January 31, 2020. The term of this Agreement may be extended
by mutual written agreement of the parties. The parties will prepare a written amendment
indicating the effective date and length of extended Agreement.
2. USE OF COMMUNITY ARTS GRANTS PROCEEDS.
a. Grant funds are to be disbursed as outlined in this Agreement in consideration of and on
condition that the sum be expended in carrying out the purpose as set forth in the
Agreement Scope and under the terms and conditions set forth in this Agreement.
Grantee agrees to assume any obligation to furnish any additional funds that may be
necessary to complete the Agreement Scope.
b. All costs accrued for services and/or supplies prior to the execution of Agreement are
not eligible for funding or reimbursement through the use of Grant proceeds.
c. Eligible and ineligible costs include, but are not limited to, items detailed in the
Community Arts Grants 2019 Guidelines, in the section titled Eligible and Ineligible
Costs, attached hereto as Exhibit A.
3. CONDITIONS OF FUNDING AND DISBURSEMENT. City shall have no obligation to provide the
Grant proceeds or to make any subsequent disbursement of Grant proceeds, and may seek
reimbursement of Grant proceeds, if any of the following requirements are not fully satisfied:
a. Grantee agrees to use grant funds to implement the Agreement Scope, including using
the Grant funds to only cover expenditures for programs and services incurred during
the Agreement Scope dates and under the terms and conditions of this Grant
Agreement.
b. Grantee shall certify that the Agreement Scope is within Carlsbad city limits or that the
Grantee's main address is within Carlsbad city limits.
c. Grantee shall complete all work in accordance with Agreement Scope,
d. As reasonably soon as possible, but in no case later than thirty (30) calendar days,
Grantee shall notify the City of events or proposed changes that could affect the
Agreement Scope.
e. The Grantee shall be responsible for the performance of the work, as set forth herein,
and for the preparation of reports required by this Agreement.
f. Before Grantee makes any material changes to the Agreement Scope, Grantee agrees to
submit to the City, in writing, a proposal requesting changes to the Agreement Scope.
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Grantee shall make no material changes to the Agreement Scope unless and until City
formally approves the Grantee's request in writing.
g. Grantee agrees to acknowledge the City's Grant consistent with the 2019 Community
Arts Grants Guidelines, attached hereto as Exhibit A.
h. Grantee shall provide full and timely information to the City to update staff on
programs, and include naming the City in any publications and/or social media, whether
in digital or print format, as opportunities arise.
i. Grantee shall retain all records and supporting documentation, including expenditure
receipts, applicable to the Agreement Scope and this Agreement for a period of three
(3) years, and make all records and supporting documentation readily available, upon
request, for inspection and/or audit by representatives of the City.
4. RETURN OF GRANT FUNDS. Any determination, by the City, of noncompliance with activities
and expenditures outlined in the Agreement Scope without prior notice and express approval by
the City, upon demand by the City, Grantee agrees to return to the City the amount requested
by the City, up to and including an amount equivalent to the full Grant award. Failure of the
Grantee to comply with the terms of this Agreement shall not be the cause for return of Grant
funds if, in the judgement of the City, such failure was due to no fault of the Grantee. In such
case, any amount required to settle, at minimum cost, any irrevocable obligations properly
incurred shall be eligible to be paid by Grant funds.
5. REQUIRED REPORTS. Failure to complete the following reports may render the recipient
ineligible to receive the full and final payment of the Grant award.
a. Submit a Revised Project Form, as required per the 2019 Community Arts Grants
Guidelines, attached hereto as Exhibit A, within thirty (30) days of Grant award
notification.
b. Submit a Final Report including all required attachments by completing the designated
form to the City (30) calendar days after the Agreement Scope end date or, January 31,
2020, whichever is earlier.
Grantees in noncompliance with the above reporting requirements agree to return some or all
of the initial Grant payment if requested by the City. Additionally, if Grantee is found to be in
noncompliance, Grantee agrees that for the year immediately following a determination of
noncompliance, Grantee shall be ineligible to receive any new grants from the City.
6. DISBURSEMENT OF GRANT FUNDS. The Grant amount to be provided to the grantee, under this
Agreement, may be disbursed as follows:
a. First payment of 80 percent of Grant will be disbursed upon approval of Revised Project
Form as applicable, and receipt of fully executed contract.
b. Final payment of 20 percent of Grant will be disbursed upon receipt of Final Report and
approval by City staff.
c. Any payment of a Grant amount in excess of the final Project costs shall be returned to
the City within sixty (60) days of completion of the Agreement Scope or the Project end
date, whichever is earliest.
7. PROJECT CANCELLATION.
a. If a Grantee wishes to cancel a Project at any time, Grantee shall notify the City in
writing within fifteen {15) calendar days of the decision to cancel and Grantee, at the
time it provides the City with notice of cancellation, shall return all Grant funds to the
City.
b. In the event an approved Agreement Scope cannot be completed for any reason, and if
Grant funds were disbursed to Grantee, Grantee agrees to return all Grant funds to the
City forthwith.
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8. PROJECT MODIFICATION OR TERMINATION.
a. Grantee may unilaterally rescind this Agreement at any time prior to the
commencement of the Project, or prior to first disbursement of funds. After Project
commencement, as outlined in the Agreement Scope, or disbursement of Grant funds,
this Agreement may be rescinded, modified or amended only by mutual agreement, in
writing, of both the City and Grantee.
9. LOSS OF GRANT. At the discretion of the City, the following actions may result in a loss of all or
in part of any Grant amount allocated to the Grantee:
a. A Grantee fails to enter into a signed Agreement with the City within sixty {60) calendar
days of receipt of the Agreement.
b. Activities associated with Grantee occur that do not align with activities described in the
Agreement Scope, including, but not limited to, reduction in services, significant
alteration of Agreement Scope elements, such as performers, artists or attendees, or
significant changes in budget income, expenses or line item designations from Grantee's
budget, included in the Agreement Scope.
c. A Grantee withdraws or terminates the Agreement Scope.
d. A Grantee fails to complete the Agreement Scope and/or fails to submit all required
reports and/or documentation before January 31, 2020.
10. COVENANT AGAINST DISCRIMINATION. Grantee agrees that neither it nor its agents shall
discriminate against any clients, prospective clients, employees, prospective employees,
contractors, or prospective contractors on the basis of race, color, religion, sex, national origin,
age, disability or familial status.
11. NOTICES.
a. The names and addresses of the persons who are authorized to give written notices to
receive written notice on behalf of City and on behalf of Grantee under this Agreement.
b. Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
For Grantee:
Carlsbad Village Association
Attn: Mark Coulombe
300 Carlsbad Village Drive
Suite 108A-135
Carlsbad, CA 92008
Email: mac196l@aol.com
3
For City:
City of Carlsbad
Library & Cultural Arts Director
1775 Dove Lane
Carlsbad, CA 92011
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12. INDEMNIFICATION. Grantee hereby agrees to defend, indemnify, and hold free and harmless the
City, its officers and employees, against any and all claims, damages, losses, costs (including but
not limited to attorney's fees) and liabilities of any kind arising directly or indirectly out of, or
related in any way whatsoever to the provision of Grant proceeds.
13. NO PARTNERSHIP OR JOINT VENTURE. The relationship between City and Grantee is solely that
of Grantor and Grantee. Under no circumstances shall City and Grantee be deemed to be partners
or involved in a joint venture.
14. MODIFICATIONS. This Agreement may not be modified or amended except by written document
executed by a duly authorized representative of both the City and the Grantee.
15. GOVERNING LAW. This Agreement shall be construed in accordance with and be governed by the
laws of the State of California. Venue, in the event of a dispute, shall be in the North San Diego
County Superior Court.
16. SEVERABILITY. In the event that any provision or clause of this Agreement conflicts with
applicable law, such conflict shall not affect other provisions of this Agreement, which can be
given effect without the conflicting provision. To this end, the provisions of this Agreement are
declared to be severable.
17. DRAFTING AMBIGUITIES. Grantee understands that it is aware that it has the right to be advised
by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the
decision of whether or not to seek advice of counsel with respect to this Agreement is a decision
which is the sole responsibility of Grantee. This Agreement shall not be construed in favor of or
against either Party by reason of the extent to which either Party participated in the drafting of
this Agreement
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18. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation,
partnership, joint venture or governmental entity hereby declares that authority has been
obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to
hold the other Party or Parties hereto harmless if it is later determined that such authority does
not exist.
,;,, .
eA a.sf:: ead.sixd-1/2 l!ct,_q e _ tl) JtA.
(Email address) U
/-/{p -/9
(Date)
**By: ___________ _
(2nd signature here)
(Print name/Title)
(Email address)
(Date)
CITY OF CARLSBAD, a municipal corporation of
the SW of California
By: ~wMP1 ~
HEATHER PIZZUTO
Library & Cultural Arts Director
ATTEST:
~f-L (1, ~,.r
ARBARA ENGLESON (f
City Clerk
If required by City, proper notary acknowledgment of execution by contractor must be attached. ~
Corporation, Agreement must be signed by one corporate officer from each of the following two groups.
*Group A. **Group B.
Chairman,
President, or
Vice-President
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CE~IA A.~, y;ty Attorney
By. ~l==>
Assistant City Attorney
rz1i--'t/1c,
Date
5
EXHIBIT "A"
SCOPE OF GRANT
Itemized list of what Grantee will complete to satisfy grant funding.
Items which may be included in this section:
1. Required -Completed Community Arts Grants 2019 Application
2. Optional, as needed -Community Arts Grants 2019 -Project Budget Information
3. Optional, as needed -Community Arts Grants 2019 -Revised Project Form
4. Optional, as needed -Community Arts Grants 2019 -Revised Project Budget Information
5. Required -Community Arts Grants Guidelines 2019
6
CAG 2019 Special Opportunities APPLICATION
Reference#
Status
Login Usemame
Login Email
What kind of organization is applying for the
grant?
Are you a first time applicant to any City of
Car1sbad Cultural Arts Office grant program?
Fiscal Agency Organization Name
Street Address
Address Line 2
City
State
Zip Code
First Name
Last Name
Title
Phone Number
Email Address
Applying Organization, Group or Artist Name
Street Address
Address Line 2
City
State
Zip Code
Organization Website
10216336
Complete
CVA2019
mac1961@aol.com
Individual Artist or Group with Fiscal Agent
No
Carlsbad Village Association
300 Carlsbad Village Drive
Suite 108A-135
Carlsbad
California
92008
Mark
Coulombe
Director of Development
760-613-3100
mac1961@aol.com
Carlsbad Village Association
300 Carlsbad Village Drive
Suite 108A-135
Carlsbad
California
92008
www.carlsbad-village.com
Organization Mission Statement
First Name
Last Name
Title
Phone Number
Email Address
Have you applied and received any other City
of Carlsbad funding for projects taking place
within the 2019 calendar year?
Have you received any funding from the City
of Carlsbad in the past {2018 or prior}?
If yes, list funding amount for past three years
as applicable.
Project Name
Project Summary
Please outline all dates of the project,
including start and end dates, event dates, etc.
Requested Funding Amount
Expected total number of participants and/or
audience attendance.
The Carlsbad Village Association (CVA) is a
non-profit organization whose core purpose is
to lead the continual improvement of Carlsbad
Village by promoting and enhancing its
business, cultural, and community vitality,
making it the premier destination in North
County San Diego.
Mark
Coulombe
Director of Development
760-613-3100
mac1961@aol.com
No
Yes
CVA received a Special Opportunity Mini-
Grant of $500 in 2018 for music on the stage
at Art in the Village.
CVA had a professional services contract with
the City of Carlsbad for period from June 18,
2015 through June 19, 2018.
Live Music On Stage at Art in the Village Event
Funds will be used to program quality and
diverse live music on the City of Carlsbad's
professional stage as an artistic element at
CVA's annual Art in the Village event. Art in
the Village is a one day open-air fine art event
that brings thousands of locals and visitors to
experience all forms art in the heart of
Carlsbad Village.
Sunday,August11,2019
9:00 am to 5:00 pm
500
4000
What makes this project distinctive?
What are the goals (outputs and/or outcomes}
of the project?
This project is distinctive because it elevates
the musical offerings at this longstanding
annual art event. It also instills arts
participation for residents and visitors in an
alternative environment (open air in the
streets), connecting music and community.
The goals of this project are multifaceted. This
project is intended to: activate Carlsbad
Village, bring quality live music to an art event,
represent music as an art form to the
community, increase community participation
in the overall event, increase foot traffic to
restaurants and shops in the Village, and
establish a live music destination within the
overall art event.
Are there any partners participating in your No
project? This would include non-staff artists,
personnel or organizations other than the
applicant who are an integral part of the
project.
Upload resumes/biographies for any personnel
that are responsible for major aspects of the
project (artists, choreographers, writers,
filmmakers, etc.}
Please download, complete and submit the
Project Budget Form. Be sure to include the
name of your organization in the title, and the
file name.The Project Budget Form can be
downloaded HERE, or on our website.
Signature of authorized representative from
applying entity:
Name and Title of Signatory
Last Update
Start Time
Finish Time
IP
Browser
2019_Art_in_the_ Village.jpeg (239k)
CAG_2019_Project_Budget_Form.xlsx (15k)
Mark Coulombe, Director of Development
2019-06-28 13:51 :43
2019-06-28 13:50:26
2019-06-28 13:51 :43
108.77.17.176
Safari
OS
Referrer
Mac
https://fs9.formsite.com/res/formloginReturn
Applicant: CARLSBAD VILLAGE ASSOCIATION (CVA)
PROJECT INCOME
Admissions
$
$0
PROJECTED -APPLICATION
Notes
COMMUNITY ARTS GRANTS 2019 -PROJECT BUDGET INFORMATIQN
ACTUALS -FINAL REPORT
$ Notes
Oll-----------11---~------------------J------l--------------------1 ~ Gifts/Merchandise/
E Concessions $0
"O E Advertising $0 ,l:ll-----------~----l-------------------'----4------------------~
.,
E 0 u C
"O .,
E "' .,
C
:)
Other $0
Subtotal Earned Income =====$=0=='
$
Private $0
Individual $0
Public Support $0
Applicant Cash $0
CAG Request Amount $500
Other $0
Other $0
Subtotal Unearned Income $500
INCOMETOTALSI $500
p ROJECT EXPENSES cash
Project Staff (non-artist) $0
Project Artist(s) or Arts $500 lnstructor(s)
Educational Materials/Printing $0
Costumes/Props $0
Sets $0
Supplies $0
Subtotal Earned Income $0
Notes $ Notes
Amount requested through Community Arts Grants 2019 Amount received through Community Aru Grants 2019
Subtotal Unearned Income $0
$0
PROJECTED -APPLICATION ACTUALS -FINAL REPORT
Notes Cash Notes
MUSICIANS (2 BANDS AND 1 SOLO ARTIST)
Applicant: CARLSBAD VILIAGE ASSOCIATION (CVA) COMMUNITY ARTS GRANTS 2019 -PROJECT BUDGET INFORMATION
IN
licensing/Royalties $0
Rentals (space and/or other) $0
Transportation $0
Food & Beverage $0
Marketing/Promotion/ $0 Publicity
Fisca I Agency Fee $0
Other $0
Other $0
Other $0
EXPENSES TOTALS! $500
PROJECTED -APPLICATION
-KIND SUPPORT Value Notes
CITY OF CARLSBAD PERFORMANCE STAGE FOR MUSICIANS
IN-KIND TOTALS1::I ===$=0===l
Budget Instructions:
For application, fill out only green. For final report, fill in blue.
You will only be able to fill out the cells highlighted in green or blue.
The application project budget must balance. Total income must equal total expenses. Final Report may
Round all budget figures to the nearest whole dollar.
Enter a 'O' in any cells that you don't have an amount to add.
$0
ACTUALS -FINAL REPORT
Value Notes
$0
Please give detailed descriptions for each line item in the notes column. For example, if your total admissions is $1,000, enter "4 shows, 50 attendees, $5 each."
Please insert your organization name in the top right header.
('city of
Carlsbad
Cultural Arts
SPECIAL OPPORTUNITIES MINI-GRANTS
COMMUNITY ARTS GRANTS 2019
WELCOME
The City of Carlsbad Cultural Arts Office serves to encourage, develop and facilitate an enriched environment of artistic,
creative and cultural activity in the City of Carlsbad and neighboring communities. As a component of many services and
activities, the Cultural Arts Office manages funding programs to provide financial su pport to organizations, schools and
individuals artists for various projects through a competitive application and review process.
SPECIAL OPPORTUNITIES OVERVIEW
Special Opportunities grants are micro-grants for arts projects or events that become available after the deadline for the
regular Community Arts Grants 2019 cycle has passed.
Special Opportunities grants have a funding limit of $500 per application.
APPLI CATION
• Requests will be accepted on a rolling basis, with a minimum of 30 days but recommended at least 60 days
before the program or project is to begin
• Applications will be accepted until grant funds are depleted
• All payments will be made in two installments: 80% of award after application is approved, 20% after final report is
submitted
• Organizations may submit up to two Special Opportunities applications per cycle, but any and all grant awards will
be made contingent on application approval and availability of funds
• Special Opportunity grants may not be used for Capacity Building purposes
• Digital application is available online at www.carlsbadca.gov/arts
ELIGIBILITY
• All Applicants
o All projects will fall into three categories: Arts Organization, Projects through Fiscal Agent and Educational
Institutions & Affiliated Groups
o All projects must take place between Jan. 1 and Dec. 30, 2019
o Any partnership with an individual or organization must include a letter of agreement from partnering
entity
o Special Opportunity grants may not be used for any project currently utilizing funds from the City of
Carlsbad, including current Community Arts Grants
o Must be registered 501(c)(3) nonprofit organizations
2/6/18 Page 1 of 3
o Any projects funded through Special Opportunity grants are strongly encouraged to have some aspect of
public accessibility
• Projects through Fiscal Agent
o Organizations or individuals who wish to apply for funding but do not have not-for-profit status may apply
through a fiscal agent
o Fiscal agent will be responsible for receiving awarded funds and dispersing to the applicant with a service
fee no more than 10% of the amount awarded to the applicant, if any
o An organization who acts as a fiscal agent is still eligible to apply for Community Arts Grants for its own
programs
o Any individual artist receiving funding through a fiscal agent must be 18 years of age on or before Oct. 1,
2017
• Educational Institutions & Affiliated Groups
o In-school projects must not be part of the regular curriculum, and any teaching artist(s) funded through
the Community Arts Grants must not be a permanent hourly or salaried employee in the school district in
which they will be leading activities to be funded by the Cultural Arts Office
o Out-of-school or after-school programs may utilize teaching artists that may also be employed in the
district
AWARDEE RESPONSIBILITIES
• All grantees must sign an Award Agreement prior to commencement of activities
• All grantees must submit all required forms and signed Award Agreement within 30 days of award notification, or
at least two weeks before commencement of activities, whichever comes first
• All grantees must complete a Final Report within 30 days of program end date to receive the final payment of 20%
of award. Excessively late submission of a final report may result in a reduction in the final payment.
• Grant recipients are required to maintain accounts, records and evidence pertaining to costs incurred and
revenues acquired under the respective grant program.
• Grant recipients must credit the Cultural Arts Office for its support of the project in printed, electronic and
broadcast promotion of the funded projects
• Grantees are required to keep the Cultural Arts Office informed of all program dates and times
• The Cultural Arts Office staff may monitor grant projects during the course of the grant cycle, including potential
site visits. The reports of these visits will be included in grant application files and provide a basis for evaluation of
future requests
REV IEW & SCOR ING OF AP PLICATI ONS
Submitted applications will be reviewed and scored by a panel comprised of City of Carlsbad staff and personnel
SCORING RU BRIC
• Scoring of applications will be on the following criteria and the goals of the Community Arts grants program. Each
section is worth 10 points, with 30 total points possible. The provided examples are for information purposes only
and are not meant to be exhaustive:
o Quality of Program -artistic merit of programs, qualifications of artists
o Community Impact -effective service to identifiable community, level of community involvement
o Management Capability -leadership strength, clarity and/or completeness of application, successful
completion of past City of Carlsbad funded projects
SPECIAL OPPORTUNITY GRANT POLICIES
2/6/18 Page 2 of 3
• The City of Carlsbad reserves the right to limit the funding amount to any applicant based on funding limitations
and goals of the program in a given year
• Organizations or individuals who applied for the current Community Arts Grants 2019 cycle but were not awarded
funds may reapply with the same or similar project(s) with a scope and focus appropriate to the Special
Opportunities funding amount
• Cultural Arts Office staff actively and continually review and evaluate all aspects of this program and processes
• Changes occur throughout the funding calendar, and Cultural Arts Office staff will provide updates on changes as
they are adopted
• Any proposed significant change or amendments to approved projects after approval of original application must
be submitted in writing to the Cultural Arts Office by the grantee for approval before any grant funds are used, and
before any execution of altered activity. This includes, but is not limited to, changes in purpose, scope, services,
intended timeline, personnel, location, date, activities or budget
• The Cultural Arts Office reserves the right to review, cancel or reallocate funds to projects that have significantly
altered or shifted from stated goals in the original approved application and/or revised project form. Any funds
cancelled must be returned to the Cultural Arts Office within 30 days of notification
• No two or more entities (organization or school/affiliated groups) may apply for funding for the same project
• Due to limited funds, applicants may only be awarded one Special Opportunities grant for the 2019 cycle
• Funds may not be used for fund raisers, scholarships or similar requests at discretion of the Cultural Arts Office
HOW TO APPLY
All applications must be submitted online. The application, as well as a PDF version for your information and other grant
information, is available at www.carlsbadca.gov/arts.
STAF F ASSISTANCE
Cultural Arts Office staff are always available to assist applicants. Please contact Megan Gilby, Community Arts Coordinator,
at 760-602-2081 or by emailing megan.gilby@carlsbadca.gov
FAQS
• What kinds of projects can be funded by Special Opportunities?
o These are projects or events similar to those funded by the Community Arts Grants regular cycle. Funds
can be used to support programs such as exhibitions, master class artist fees, performing arts production
costs, arts program supplies or other arts project requests.
• I already have a grant through the Cultural Arts Office. Can I apply for a Special Opportunities grant in the same
year?
o Grantees currently receiving Community Arts Grant funds, regardless of cycle year, are eligible to apply
for Special Opportunities funding for a project not related in any way to the supported program through
Cultural Arts Office funds. Clear distinctions between the two projects must be made clear and will be
subject to clarifications and final approval by scoring panel.
• How many grants will be funded through Special Opportunities grants?
o Due to limited funding in the 2019 cycle year, we will award as many grants as possible until funds are
depleted.
2/6/18 Page 3 of 3