HomeMy WebLinkAbout2013-330 Arts - Franklin Street Arts Collective dba Frank Gallery $5,000 a
� ORANGE COUNTY ARTS COMMISSION Z � m
ORANGE C O U H Y Y ARTS
SPRING,2013 GRANT AGREEMENT
cnrnMISS10h o u n c
THIS AGREEMENT, entered into this 29th day of July, 2013, by and between Orange County
("County"), by and through the Orange County Arts Commission ("Arts Commission") and
Franklin Street Arts Collective dba FRANK Gallery("Grant Recipient").
WHEREAS, the Arts Commission is a countywide arts agency that ensures the growth of
local arts experiences by providing funding and support for diverse high quality programs and
proj ects.
WHEREAS, the Arts Commission administers the Spring and Fall Arts Grants Program
to provide economic opportunities to Orange County artists and non-profit organizations
coordinating arts projects benefiting the citizens of Orange County.
WHEREAS, the Spring Arts Grants Program is supported by Arts Commission with
funds from the Grassroots Program of the North Carolina Arts Council, an agency of the
Department of Cultural Resources and the National Endowment for the Arts.
WHEREAS, the Grant Recipient was selected by the Arts Commission to receive the
Spring 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 are provided under this Agreement for the project
("Project") 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)
have been awarded by the Arts Commission to the Grant Recipient for the approved
Project. These funds must be matched at least dollar-for-dollar with cash from the Grant
Recipient's funds not derived from either Orange County appropriations or the North
Carolina Arts Council.
3. Contingency. This grant is contingent on North Carolina Arts Council Grassroots
Program funding to the Arts Commission. Final decisions on Grassroots Program funds
to the North Carolina Arts Council are subject to approval by the North Carolina General
Assembly.
4. Responsibilities of the Grant Recipient
1
Revised May 2012
A. Implementation. The Project implementation shall take place between July 1,
2013 and June 30, 2014. The Project shall be implemented in the manner
described in Exhibit A. Time is of the essence in the implementation of the
Project.
B. Modifications to project. Grant Recipient shall present major changes to the
original proposal, including but not limited to changes in design, implementation
schedule and increase in Project budget by more than 10%, in writing to the Arts
Commission for approval. Arts Commission shall approve or disapprove Grant
Recipient's request for modifications within seven (7) days of receipt thereof.
Consent to project modifications shall not be unreasonably withheld. Arts
Commission's decisions shall be in writing. In the event the Arts Commission
fails to approve or disapprove the requested modifications within the time stated
herein, the modifications shall be deemed approved.
C. Non—assignment. The grant cannot be assigned or transferred to a different project
or artist without prior written approval of the Arts Commission.
D. 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.
E. Use of Funds. Grant Recipient shall not use the grant funds to repay outstanding
taxes or other debts of any nature. The grants shall be utilized solely for the
purpose of implementing the Project and Project related expenses.
F. Final Report. Grant Recipient shall submit to the Arts Commission a Final Report
on July 7, 2014 . The Final Report shall be in the format required by the
North Carolina Arts Council. 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 to the Grant Recipient.
6. Publicity
A. Acknowledgement. Credit must be given to the Orange County Arts
Commission using the Arts Commission logo and if State funds are received
to the North Carolina Grassroots Program in brochures, news releases,
programs, and all other printed and online publications. Copies of such printed
materials must accompany the evaluation report. When no printed information is
used, verbal credit shall be given. In addition, all print and promotional material
must include the following credit line (check all that apply):
2
Revised May 2012
i. County Funds Only. "This program is supported by the Orange
County Arts Commission."
ii. x North Carolina Arts Council Funding. "This program is supported by the
Orange County Arts Commission with funds from the Grassroots Program of
the North Carolina Arts Council, a state agency. "
B. The Grant Recipient must enter all events, exhibits and performances open to the
public and related to this grant award on the ExploreChape1Hi11ARTS.com
website and display ExploreChape1Hi11ARTS.com publicity materials
(postcards, brochures, etc.) prominently and consistently at their venue or
performance space. In addition, the Grant Recipient must add a link to the
ExploreChape1HillARTS.com (ExploreChape1HillARTS.com logo preferred)
to their main webpage. The Grant Recipient shall contact the Orange County Arts
Commission for replacement ExploreChape1HillARTS.com publicity materials.
7. Indemnity. The Grant Recipient agrees to indemnify and hold harmless the County, the
Arts Commission and the North Carolina Arts Council 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 he/she is 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
obligate or make representations on behalf of the County or the Arts Commission. In
addition, Grant Recipient agrees to maintain his or her own worker's compensation
insurance for himself/herself and his or her employees for the duration of the art work's
installation.
9. Termination
A. In the event of any of the circumstances set forth below(hereinafter referred to as
"default"), the Arts Commission 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 perform any part of the Project or to comply with any
provision of this Agreement, as determined by the Arts Commission in its
sole discretion.
3
Revised May 2012
(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) 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. This Agreement shall be interpreted in accordance with the laws
of the State of North Carolina and the Orange County.
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 th Grant Recipient
Fr'dnkWn Street Arts Collective dba FRANK
Date
For and on "ehalf of Orange ounty Government
Frank W. Clifton, County.Manager Date
For and pn behalf of Orange County Arts Commission/approved as to technical content
&11 ze&:7— g 8 — /j nt2
Steve Brantley, conomic Develop t Director Date
I V M and legal sufficiency
4
Revised May 2012
r
Annette M. Moore,Staff Attorney Date
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act
j/� a, �� 8//g/13
Clarence G. Grier,Administrative and Financial Services Date
S
Revised May 2012