Loading...
HomeMy WebLinkAboutLitvak Dance Arts Foundation; 2018-04-20;GRANT AGREEMENT FOR Litvak Dance Arts Foundation This agreement, is made on the AO~ day of ~r, \ , 20-1:8'_, by Litvak Dance Arts Foundation (ORGANIZATION), a California nonprofit corporation, hereinafter referred to as "Grantee," and the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City" (the "Agreement.") City, as Granter, agrees to provide Grantee the Grant funds awarded to Grantee during the 2018 Community Arts Grants Program in an amount not to exceed five hundred dollars() ("Grant.") The purpose of the Grant is to provide funds to Grantee for the project outlined in the Agreement Scope ("Agreement Scope"). Project Title: LITVAKdance in Carlsbad 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 sha ll mean the period commencing on the effective date of this Agreement and expiring on January 31, 2019. 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 add itional 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 2018 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) ca lendar days, Grantee sha ll 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. 1 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 ackno'-:'ledge the City's Grant consistent with the 2018 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 readlly 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 2018 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 the earlier of thirty (30) calendar days after the Agreement Scope end date or, January 31, 2019, 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 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 flftee_n (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. 2 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, expense~ 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 falls to complete the Agreement Scope and/or fails to submit all required reports and/or documentation before January 31, 2019. 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 d,lrected to another address. For Grantee: Litvak Dance Arts Foundation Attn: Sadie Weinberg 2031 Shadow Grove Way Encinitas, CA 92024 Emall: sadie@litvakdance.org 3 For City: City of Carlsbad Library & Cultural Arts Director 1775 Dove Lane Carlsbad, CA 92011 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 J?lnt 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. D~FTING AMBIGUITIES. Grantee understands that it is aware that it has the right to be advised by counsel with respect to the negotiations, tenns 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 (Remainder of Page Intentionally left Blank) 4 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 t he 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. GRANTEE 1st ~n u here) ~ w~~ I ~\;sh]\lti~,7, (Print name/Title) ~o,J\.t ~ \ '~""-itia~L{'.-~ ATTEST (Email address) 4 /~ \ \ ¾ 1(Date) ~~~.a:..+--+--'-1-~· ~ ,,[; ·~ \lt \,J- CITY OF CARLSBAD, a municipal corporation of the ~orniaf · ~~~THER PIZZUTt1 t3?f11to Library & Cultural Arts Director !1/J,~ M BARBARA ENGLESON )'- City Clerk S,~ \. \-v" \c tl1-t u .. , ':) y (Print name/Title) . . . \ \ . f,.) ~bJ ' @1~ ,K'!; :icit· (Email addr~ss) ~hl)/\ >'> (date) If required by City, proper notary acknowledgment of execution by contractor must be attached . .!f....£ 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 t he officer(s) signing to bind the corporation. APPROVED AS TO FORM: ~:LIA VIJ:Jt: Attorney Assistant City Attorney Lf(, ri t I,,[ Date 5 EXHIBIT HA" 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 Special Opportunities 2018_Application 2. Required -Community Arts Grants 2018 -Project Budget Information 3. Required -Community Arts Grants Special Opportunities Guidelines 2018 ( (_ CAG 2018 Special Opportunities APPLICATION Reference# status Login Usemame Login Email What kind or organization Is applying for the grant? Are you a first Ume appRcant to any City rA Carlsbad Cultural Arts Office grant program? Fiscal Agency Organlzatlon Name street Address . City State Zip Code First Name Last Name 1ltle Phone Number EmaU Address Applylng Organization, Group or Artist Name . street Address 9480060 Complete sadieweinberg sadie@litvakdance.org · Arts Organization or Educational Institution & Affiliated Groups (schools, booster clubs, etc.) No Litvak Dance Arts Foundation 2031 Shadow,.Grove Way Encinitas California 92024 Sadie ----- Weinberg Artistic and Executive Director 619-855-03657 sadie@litvakdance.org Litvak Dance Arts Foundation ---·-------- 2031 Shadow Grove Way Encinitas City state -----------·--------------- Zip Code Organization Website California 92024 www.litvakdance.org Organization Mission statement FlrstName LllVAKdance is committed to making accessible art that engages and challenges; both as an educational tool for students and an enlightening artistic experience for diverse audiences. Sadie Last Name Weinberg l1tle Artlstlc/Executive Director Phone Ntmber 619-855-0367 Email Address sadle@lltvakdance.org Have you applled and received any other City No of Carlsbad funding for projects taking place within the 2018 calendar year? ---···------------------------···-----·-···-·-·---\ ---·-------·--·--. ·-·-- Have you received any funding from the City No of Carlsbad In the past (2017 or prior)? Project Name Project Summary ------------ Please outline ell dates of the project, Including start and end dates, event dates, etc. LllVAKdance In Carlsbad As LllVAKdance prepares for our Inaugural performance on April 28 and 29 at UC San Diego, we want to engage ourNorth County Communities by offering shorter performance programs and master classes In several locations In North County. This spedal opportunity grant would help us pay for the Carlsbad portion. We have also targeted Encinitas and San Marcos in this project. In this particular performance 9 company dancers will be performing the choreography of 4 local San Diego choreographers along with two musicians. The master class will be taughtby a company dancer at the same studio or another Carlsbad studio. Performance/Master Class Date: April 22, 2018 at Evolution Dance Studio in Carlsbad We will be In rehearsals for-this particular performance: March 25, 26 April 1, 2, 8, 15 Requested Funding Amount 500 Expected total number of participants and/or 45 audience attendance. What makes this project distinctive? What are the goals (outputs and/or outcomes) of the project? This project is distinctive because it brings professional dance to areas that do not otherwise have access to concert dance. With this project we intend to take dance out of the theater and into more informal and inexpensive venues like local dance studios and high schools. Finally, the project offers free master classes to aspiring young dancers who are not generally exposed to contemporary modern dance. The goal of this project is to engage the communities of Carlsbad and other North County cities in arts experiences. The outcome of this particular performance is to excite the Carlsbad community about our newly founded fully professional dance company. LITVAKdance is committed to the NorthWest region of San Diego County by providing outstanding, high level dance performances. It is our ultimate goal to become part of the fabric of North County Arts and Cultures through our mission of presenting the highest caliber contemporary dance in North County. Are there any partners participating in your Yes project? This would include non--staff artists, personnel or organizations other than the applicant who are an integral part of the project. Provide names and a brief description of roles of any partners in the project. Upload resumes/biographies/mission statements for any partnering individuals or organizations to your project. Kristopher Apple, Musician and Composer Bradley Lundberg, Guest Choreographer Dave Massey, Guest Choreographer Yolande Snaith, Guest Choreographer Meredith Yayanos, Musician and Composer PopUpGrant_Bios_2018.docx ( 155k) ----·····------··----·---------·---··--------·-· ----------··-- Please upload any other supplemental information you would like to share (links to videos, photos, print materials, etc.) Optional. 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 OS LITV AKcarlsbad_performance_class.pdf (847k) LITVAKdanceinCarlsbad2018ProjectBudget_ C AG_2018_Project_Budget.pdf (59k) N Sadie Weinberg, Artistic/Executive Director 2018-03-21 13:12:17 2018-03-21 10:48: 19 2018-03-21 13:12:17 76.21 7 .129.242 Safari Mac -----·-------------·-- Referrer https://fs9.formsite.com/res/forml oginReturn Applicam . PR Q) E 0 u C "O Q) C I... ro LU Q) E 0 u C "O Q) C I... ro Q) C ::> OJECT INCOME Cash Admissions $200 Gifts/Merchandise/ Concessions $50 Advertising Other Subtotal Earned Income $250 Cash Private Individual Public Support Applicant Cash CAG Request Amount $500 Other Other Subtotal Unearned Income $500 INCOME TOTALSI $750 LITVAKdance performs in Carlsbal.l PROJECTED -APPLICATION Notes Cash $5 suggested donation water, t-shirts, cookies Subtotal Earned Income $0 Notes Cash Subtotal Unearned Income $0 $0 Applicant: LITVAKdance performs in Carlsbad PROJECTED -APPLICATION PR OJECT EXPENSES Cash Notes Cash Project Staff (non-artist) Project Artist(s) or Arts $600 11 performers, 1 teacher @$50/ea lnstructor(s) Educational Materials/Printing $75 promotional flyer Costumes/Props Sets Supplies Licensing/Royalties Rentals (space and/or other) $75 Evolution Performance Space Rental Transportation Food & Beverage Marketing/Promotion/ Publicity Fiscal Agency Fee Other Other Other EXPENSES TOTALSI $750 $0 IN - Applicant. LITVAKdance performs in Carlsbao PROJECTED -APPLICATION -KIND Value Notes studio space for rehearsals $280 14 hour X $20/hr performer rehearsals $480 48 hr of rehearsal (12 performers) X $10/hr Performance lights $75 5 hour X $15/hr Chairs $50 25 chairs for 1 day Performance Volunteers $80 2 volunteers for 4hrs X $10/hr IN-KIND TOTALSI $965 Budget Notes: 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 budget must balance. Total income must equal total expenses. Round all budget figures to the nearest whole dollar. Enter a 'O' in any cells that you don't have an amount to add. Value $0 Please give detailed descriptions for each line item in the notes column. For example, if your total admissions is $1,000, ent1 Please insert your organization name in the top right header. Applicant: LITVAKdance performs in Carlsbad ACTUALS-FINAL REPORT Notes Notes --Applicant. LITVAKdance performs in Carlsbaa ACTUALS -FINAL REPORT Notes Applicant: LITVAKdance performs in Carlsbad ACTUALS -FINAL REPORT Notes er "4 shows, 50 attendees, $5 each." { City of Carlsbad Cultural Arts SPECIAL OPPORTUNITIES MINI-GRANTS COMMUNITY ARTS GRANTS 2018 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 support to organizations, schools and individuals artists for various projects through a competitive application and review process. SPECIA L 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 2018 cycle has passed. Special Opportunities grants have a funding limit of $500 per application. / A PPLICATION • 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 • 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 Fisca l Agent and Educational Institutions & Affiliated Groups o All projects must take place between Jan. 1 and Dec. 30, 2018 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 • 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 2/6/18 Page 1 of 3 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 su bmit 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, reco rds and evidence pertaining to costs incu rred 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 REVIEW & SCORING OF APP LI CATIONS Submitted applications will be reviewed and scored by a panel comprised of City of Carlsbad staff and Chair or Vice Chair of the City of Carlsbad Arts Commission SCORING RUBRIC • 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 SPEC IAL OPPORTUNITY GRANT PO LI CIES • 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 individual who applied for the current Community Arts Grants 2018 cycle but were not awa rded funds may reapply with the same or similar project(s) with a scope and focus appropriate to the Special Opportunities funding amount 2/6/18 Page 2 of 3 • 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 2018 cycle • Funds may not be used for fundraisers, scholarships or similar requests at discretion of the Cultural Arts Office HOW TO APP LY All applications must be submitted on line. The application, as well as a PDF version for your information and other grant information, is available at www.carlsbadca.gov/arts. STAFF ASSISTANCE Cultural Arts Office staff are always available to assist applicants. Please contact Megan Gi lby, 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 2018 cycle year, we will award as many grants as possible until funds are depleted. For 2018, the Cultural Arts Office has $2,000 to award for Special Opportunity Mini-Grants. 2/6/18 Page 3 of 3