Loading...
HomeMy WebLinkAbout15. Apprv Grant Agrmt w-Mayors Fund of LA-Accept Online Summer STEM Learning Prog fundingItem No. APPROVED BY CITY MANAGER TO: HONORABLE MAYOR AND MEMBERS OF THE CITYIL. OFFICE OF BY: BENJAMIN DICKOW,DIRECTOR, i :MEMORIAL SPACE CENTER r71 d ��111 WAUJUMC APPROVE A -ANT AGREEMENT BETWEEN THE CITY OF DOWNEY AND THE MAYORS FUND OF i TO ACCEPT FUNDSFOR THE PROGRAMMINGCOLUMBIA MEMORIAL SPACE CENTER TO PROVIDE ONLINE SUMMER STEM LEARNING i STUDENTS It is recommended that the City Council: •. - - : i ri ' • r i,. r i •• • r c r i 111 , i - i ;r f rAUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT IN A FORM APPROVEDi - AND AUTHORIZE3. i EXECUTE ANY AMENDMENTS r • ADDITONAL REQUIRED DOCUMENTS TO THE AGREEMENTORM APPROVED BY THE CITY ATTORNEY. The Columbia MemorialSpace Center has been •-r a grant of 111 by Mayor's•' of r Angeles. - funds will allow•. - - to deliverSTEM • programming r students in Downey • throughout the region during the summer. In May, the Space Center was invited to participate in a summer learning initiative that was designed to offer online educational engagements to students of the Los Angeles Unified School District and other community groups during the summer in response to school closures due to COVID-19. The Space Center developed a virtual STEM curriculum, themed around aerospace and astronomy, leveraging best practices in STEM education and virtual learning. The curriculum includes video content, hands-on activities and demos, along with nearly 4 hours a week of live, online facilitation by Space Center staff. This curriculum will be delivered to several thousand students over APPROVE A GRANT AGREEMENT BETWEEN THE CITY OF DOWNEY AND THE MAYORS FUND OF LOS ANGELES TO ACCEPT FUNDS FOR THE COLUMBIA MEMORIAL SPACE CENTER TO PROVIDE ONLINE SUMMER STEM LEARNING PROGRAMMING TO STUDENTS JULY 28, 2020 PAGE 2 !he course of the summer initiative, which began in June. The summer initiative is being supported by several local foundations through a pooled fund administered by the Mayor's Fund of Los Angeles. 105.61aw IN b.1w IN Fk%&I plei ob.11 8111 IVA FaRigm I i�� 1:7-IT01 IRTIT—T-TIM Miss= ATTACHMENTS Attachment A: Agreement between the City of Downey and Mayor's Fund of Los Angeles Attachment B. Conflict of Interest Disclosure Form IRE M 11101601FIN Lela ON Grantee Agreement Summer of STEM THIS GRANT AGREEMENT is entered into and made effective as of the second day of June, 2020 ("Effective Date"), by and between THE MAYOR'S FUND FOR LOS ANGELES, a California nonprofit public benefit corporation (the "Fund"), and the City of Downey by and on behalf of the Columbia Memorial Space Science Leaming Center Foundation, a California 50 1 c3 nonprofit public benefit corporation ("Grantee"). mn M WIT ME of departments of the City of Los Angeles or other not -for -profit institutions which benefit the City residents and improve or enhance the quality of life of the City's residents or aid civic or other publ improvements; promoting the development of commerce in the City and building a better quality o life for the City and its residents; seeking innovative solutions to the complex issues inhibiting the best quality of life for the City's residents; and, providing a platform to convene the public, private and nonprofit sectors to collaborate together. I gLal 111TRWIG "I C. The Fund desires to grant funds to the Grantee and the Grantee desires to use such funds for lourposes of furthering the Fund's charitable mission, upon the terms and subject to the conditions set forth in this Agreement. contained, the parties hereto do hereby agree as follows: 1. Scope ofProiect. Grantee, in exchange for receiving the grant award from the Fund, shall perform the project set forth in Exhibit A. attached hereto and incorporated herein by this reference. The grant award is to be used only for the purposes set forth in Exhibit A. Grant funds may not be used to carry out propaganda, or otherwise attempt to influence legislation; to influence the outcome of any specific public election or to carry on directly or indirectly any voter registration drive; undertake any activities not for a charitable or educational purpose; or for any illegal or other purpose that conflicts with the Fund's charitable mission. Operational implementation of the Grant is the sole responsibility sT the Grantee. Other than payment of the grant award, it is expressly understood that the Fund has rio obligation to provide other or additional support for this or any other project or purposes. 2. Grant Award Amount. Grantee shall be paid a grant award as set forth in Exhibit B. The payment set forth in Exhibit 13 is intended to cover all fees and expenses, of any kind, associated with the project and no payment other than that set forth in Exhibit B shall be made under this Agreement unless agreed to in advance in writing by the parties. 3. L-_wenditure of Funds and Reconciliation of Actual Expendittires. This grant is to be used in accordance with the Grantee's approved program and budget as set forth in Exhibit C. Permission t make any major changes in program objectives, implementation strategy, key personnel, or timetab must be requested in writing, and the Fund's approval obtained before such changes are implemented. Likewise, any changes to any budget line item exceeding 10% and $1,000 must be requested in writing and be approved in advance by the Fund. I Any funds (including interest accrued) not expended or committed for the purposes of the grant within the grant period (or any authorized extension of the grant period must be returned to the Fund within sixty (60) days of the close of the grant. At the Fund's discretion, any final award may be reduced to reflect unexpended or uncommitted funds based upon a reconciliation of the Grantee's final expenditure report. KIM V Ma &UM M Kill IM I—MMUNIM I 1�1111�pi� I MITNINMITY,300141 200 N. Spring St., Suite 305, Los Angeles, CA 90012 An: Deidre Lind Telephone: 213-545-2058 GRANTEE: By: Gilbert Livas, City Manager, City of Downey On behalf of the Columbia Memorial Space Science Learning Center Foundation Date: 7/28/2020 Tax ID No.: 20-2904115 F.'rq5R=tTIWIT=- WITSTIT-4 Its I It 16114 at j*?JM 0 WA I �11 Lqmml�� APPROVED AS TO FORM: City forney, City of Downey 10MV211311m, In January of 2020, the Office of Mayor Garcetti formed the Mayor's Task Force on STEM Ou,-o` F_sc School Time Enrichment (the "Task Force") of youth -serving organizations and out-ol chool time oVi�vr,ra-triz�*rrs �rrvvii-irfg �,r#,grarrnrrirrg enrichment opportunities for children and youth across Los Angeles. The crisis surrounding COVID-19 and its impact on the lives and education of LA's youth have created a compelling need for summer teaming opportunities that offer academic enrichment and social emotional support to students and families to prevent teaming loss and prepare students to return to school. To increase access to meaningful, free summer teaming opportunities for children and youth in light of the lost teaming time resulting from COVID- 19, the Task Force has created the LA Summer of STEM initiative to serve children and youth in grades K- 12. reflecting the diverse backgrounds and communities of Greater Los Angeles. The LA Summer of STEM Initiative is a collaborative effort that will be implemented by STEM OST providers, youth -serving partner organizations, the Mayor's Fund for Los Angeles, and the City of Los Angeles. The Grantee, Columbia Memorial Space Center, is serving as a STEM OST provider for the Summer of STEM Initiative. The Columbia Memorial Space Center will offer both synchronous and asynchronous online engagements covering aerospace topics, engineering and problem -solving including video interactions with current and retired industry professionals. The Space Center will be working with approximately 550 students from groups including LAUSD Local Districts Central, East and Northeast, as well as community -based youth serving organizations. Each week, students will be given a challenge and staff and experts will be available to guide them throughout the process. The Space Center will work to focus on relevant aerospace news as inspiration for its work, including the upcoming Mars 2020 mission, the SpaceX crewed Dragon mission and inviting students to build model rockets that can be launched as part of the first virtual Rocket Fever event in late summer. NASA Jet Propulsion Laboratory will provide NASA -developed educational activities and videos for use by the Columbia Memorial Space Center and other STEM partners. With the Mars 2020 mission launching in July, content related to this momentous project will be highlighted. Grantee shall report to the Fund in writing concerning the status of the grant project, as follows: I - - I - MM-MM"M 170-flVAROW11 Final Narrative and Expenditure Report, including receipts of purchase, due on or before September 30, 2020. 101,40,11.1118 Dili Nil', lvlg - I u lofl for Miuset Or uflcofflffl I i esi ollowifig grant award: ["l-Ililm The funding of $25,000 will be used to support the work outlined in Exhibit A. VUH T-61 I I us 1. Moriitoriiw) and Finaricial Records. The Fund may monitor and conduct an evaluation of operations under this grant. This may include a visit from Fund staff and/or advisors to observe the Grantee's program, discuss the program with the Grantee's personnel, and review financial and other records and materials connected with the activities financed by this grant. The Grantee is expected to maintain complete books and records of revenues and expenditures for the project, which should be made available for inspection at reasonable times if deemed necessary by the Fund. The Fund, at its expense, will periodically audit a selected number of its grants. Grantee is expected to provide all necessary assistance in connection with any such audit. Records must be kept for at least four (4) years after completion of the grant. The Grantee shall submit audited financial statements if it has audited financial statements, its latest Form 990, as well as annual agency budgets during the grant -i e �-'ih,��,,ome available. The Grantee shall immediatelp noti ._,vxNn -fAA the Fund in the event that any funding that would impact the Grantee's performance of the project is delayed or changed in any manner. The Grantee shall immediately notify the Fund in the event that there is any circumstance including, without limitation, the withdrawal, delay, or change of funding by any other source to Grantee that would adversely impact the Grantee's performance the project. C. IRS Determination. The provisions of this Section 2 do not apply if the Grantee is a public agency. As a condition of this Agreement, Grantee must provide the Fund with a copy of the determination letter from the Internal Revenue Service proving its tax-exempt status. By entering into this Agreement, Grantee represents and warrants that Grantee is exempt from federal income tax under IRC Section 5 0 1 (c)(3) and that it is not a private Fund as defined in IRC Section 509(a). Grantee further represents and warrants that (a) the facts supporting Grantee's tax-exempt and public charity status under IRC Sections 50 1 (c)(3) and 509(a) have not changed since the issuance of the IRS determination letter which was provided to the Fund and which has not been revoked or .?mended, (b) it is not aware of any facts which could result in a change in its tax-exempt and public charity status under IRC Sections 50 1 (c)(3) or 509(a) or relevant state law, or the imposition of excise taxes under IRC Section 4958 dealing with "intermediate sanctions," (c) the receipt of the grant funds will not change Grantee's public charity status under IRC Section 509(a) and (d) that it toes not support or conduct, directly or indirectly, violence or terrorist activities of any kind. Such representations and warranties shall continue through the completion date of this grant. 3. Period of the Grant. The grant period shall commence as of the Effective Date and shall continue thereafter until the grant project has been completed and final payment made, unless sooner terminated as provided for herein. 4. Grant Termination. If the Fund determines, in its sole discretion, that Grantee has substantially violated or failed to carry out any provision of this Agreement, including but not limited to failure to submit reports when due, the Fund may, in addition to any other legal remedies it may have, refuse to make any further grant payments to Grantee under this or any other grant agreement, and the Fund may demand the return of all or part of the unexpended grant funds, which Grantee shall immediately repay to the Fund. The Fund may also avail itself of any other remedies available by law. 5. Confidentialitv. The parties acknowledge that Grantee, in connection with this Agreement, may acquire certain Confidential Information (as defined below) relating to the Fund and its affiliated corporations. Grantee shall not divulge or disclose, without the Fund's prior written approval, nor use for the benefit of any person or entity other than the Fund, any Confidential Information that may become known to Grantee by reason of this Agreement or otherwise. Grantee further .• to prevent its .•' and employees from divulging • disclosing any such &,s,rrfiei-6a+-h-d# • entity • than the Fund. 6. "Confidential Information" of the Fund shall include, but not be limited to, any Work Produc) (as defined below), the existing or future services, products, operations, management, business, financial information, goals, profits, billings, referral, research services, strategies, technology, trademarks, know-how, member lists and objectives of the Fund or its affiliates, except to the extent that the release of such information was authorized by the Fund or such information is generally available • • to the public • becomes known to the public through means • than a • of this Agreement or by any person or entity having an obligation to keep such information confidential. All inforrnation which Grantee • or becomes acquainted with during the term of this Agreement, whether developed by Grantee • by others, which Grantee has a reasonable basis to believe to be Confidential Information, or which is treated by the Fund as being Confidential Information, shall be presumed to be Confidential • 7. Independent Contractor. Grantee is an independent contractor, and nothing herein shall be construed to create an employment, joint employment, partnership, joint venture, agency, or any other kind of relationship between Grantee and the Fund. In no event shall Grantee or its employees, independent contractors, or agents, if any, be considered employees of the Fund. Grantee shall not have- nor shall Grantee claim or imFlkj, that Grantee has- anri authoritg to enter into anA o HL2iation on behalf of, or binding upon, the Fund. Grantee is an independent contractor and is solely responsible • all taxes, withholdings, and other • • • obligations • any • including, but • limited • • compensation insurance. Grantee and its employees are not eligible for, and shall not participate in, any employee pension, health, welfare, or other fringe benefit plan, of the • 8. Indeninirication. Grantee irrevocably and unconditionally agrees, to the fullest extent permitted • law, to defend, indemnify, and hold harmless the Fund, its officers, directors, employees, and agents, from and against any and all claims, liabilities, losses, and expenses (including reasonable • fees) • • wholly, • •. arising from or in connection with any act or omission of Grantee, its employees, or agents, in applying for or acceptint the Grant, • in expending • applying the Grant funds, except to the extent that such claims, liabilities, losses, or expenses arise from or in connection with any negligent act or omission of the Fund, its officers, directors, employees, or agents. 9. Acknowlekement and PUblicity. The Fund will oversee dissemination ♦ final research and any resulting publicity activities. The Fund will send publicity material to the Grantee for final review • approval and will also provide the Grantee copies • the final product. In •. no press releases or media advisories shall be issued regarding grant -funded projects without the prior review and approval by the assigned Fund program officer. Media advisories and/or press releases must be submitted to the Fund's • team for review and approval a minimum • one week prior to expected publication. Grantee shall not use the Fund's name in any sales or marketing publication or advertisement, without the prior written consent of the Fund. In its discretion, the Fund may describe its support • the Grantee in the Fund's • printed • • announcements and website. Notwithstanding the foregoing, any publication produced as a result of this grant, including ► releases, commissioned • and publications, must include an acknowledgment of the Fund that reads: "Supported by a grant from The Mayor's Fund for Los Angeles." If the Fund publishes material •' • this project, either in print • electronically, appropriate acknowledgment • the Grantee will •` included. Grantee shall ensure that any employees, subcontractors • • approved to • on this Grant comply with the provisions of this paragraph including, but not limited to, ensuring that the terms of this provision are included in any contract Grantee may have with any subcontractor or consultant approved to work on this Grant. 10. LDj_i_.!1Pute Resolution. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration before an experienced arbitrator licensed to practice law in California in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "Association") in Los Angeles, California. The arbitration decision shall be final and binding upon the parties and may be entered as a judgment in any court of competent jurisdiction. In addition to the award of any other remedy or relief, the prevailing party in any such arbitration proceeding shall be entitled to his or its reasonable attorneys' fees and costs (including, without limitation, arbitrators' fees, Association fees and related fees) incurred in connection with such proceeding. 11. Notices. All notices, requests or consents required or permitted under this Agreement shall be in writing and shall be given to the other party by personal delivery, overnight delivery, or regular certified mail- sent to such �kartg's address as is set forth below sucKjaft-ki's-&ignature hereto or to an3i other address as any party to whom notice is to be given may have previously furnished to the other as set forth in this provision. Each such notice, request •, • shall be deemed effective upon receipt. 12. General Provisions. WINNOW C-0111 lot -t CL sluldrj;rl UUMF CIILILIC;�i TV UrW,07 consent of Grantee. Notwithstanding the foregoing, this Agreement shall inure to the benefit of, and be binding upon, the respective successors and assigns of the respective parties hereto. ► SUI-V iVal. The obligations set forth in Sections 1, 5, • 7, 8, • and 10 of this Exhibit D and the remedies set forth for breach of this Agreement shall survive the termination of this Agreement. c. , Severability. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will ► limited • eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. e. Remedv. It is acknowledged and agreed that all Confidential Information and Work Product represents a unique intellectual product of the Fund and that any breach of Sections 5, 6 and 9 of this Exhibit D would have a detrimental impact on the Fund; that the damages resulting from said fetrimental impact would be difficult to ascertain but would result in irreparable hanTi and would require a multiplicity of actions at law and in equity in order to seek redress. Given the foregoing, it is agreed that the Fund shall be entitled to equitable relief in preventing a breach of this Agreement znd that such equitable relief is in addition to any other rights or remedies available to the Fund. liql1tililill gil 11!11 1 11, 11� 11 11111! 1 1, 11 11� 11� = a I I W440461 tort I flor-AVAN III M I I UMMOMMUN I III M&M rMAWRIJ M I I U-Mblrg I U-KSJ IM III to] V I I K Tel' incorporated herein and made a part of this Agreement) constitutes the entire agreement and understanding of the parties hereto and terminates and supersedes any and all prior agreements, Rrrangements and understandings, both oral and written, express or implied, between the parties hereto concerning the subject matter of this Agreement. h. Amendment. No waiver, amendment, modification or change of any provision of this Agreement shall be effective unless and until made in writing and signed by all of the parties hereto. i. I leadim),s. Headings herein are provided for reference only and shall in no way affect interpretation of the Agreement. j. Ri0it to Contract. Each party hereto represents to the other that it is authorized to enter into this Agreement and that the exercise of the rights granted to the other party hereunder will not conflict with any commitments or agreements previously entered into between the party so representing and any other party. Grantee further represents that it has the corporate power and any regulatory approvals necessary to accept the grant and conduct the project. k. Sir-natUres. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by e-mail delivery of a ".pdf' fori-nat data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such ".pdf' signature page were an original thereof. All vendors interested in conducting business with the Mayor's Fund for Los Angeles must complete and return this Conflict of Interest Disclosure Form. RZ1UV4110101d1NRW--EtQ � 1161IM1110IRTH - 0 0- a TO( LOS ^nigeies, at an7ff1Tn7U-vTM-G-Tan11ij MUM ierav* C te vendor shall disclose the information required below. Certification: I hereby certify that to my knowledge, there is no conflict of interest involving the vendor named below: 1 . There are no board members, officers or staff persons of the IT'layor's Fund for Los Angeles, or their immediate family members, that have an ownership interest in vendor's company or is deriving personal financial gain from this contract. 2. There are no board members, officers or staff persons of the Mayor's Fund for Los Angeles, or their immediate family members, who are contemporaneously employed or prospectively to be employed with the vendor. 3. Vendor hereby declares it has not and will not provide gifts or hospitality of any dollar value or any other gratuities to any board member, officer or staff person of the Mayor's Fund for Los Angeles, or their families. 4. Please note any exceptions in the form on the following page. Disclosing a potential conflict of interest does not disqualify vendors. In the event vendors do not disclose potential conflicts of interest, vendor will be exempt from doing future business wi the Fund. I Q�� ,I I I i� + k) I I Vendor Name: Columbia Mesnorial Spare Science Learning Center Foundabon/ ("ity of Downey rOHIM MEM MINOR= WFIR