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Home My WebLink About2018-372-E Arts - Chapel Hill Philharmonia arts grantDocuSign Envelope ID: 9F15BOF6 -07C7- 4711- 8BD5- 8403D6766EEB `ar ^� a * North fr y + Carolina • Arts ORANGE COUNTY ARTS COMMISSION `•4V ��•' Council UCP �� o err 1_ 2018 -19 GRANT AGREEMENT r r l ` 400 ' Fifry years C dJ fi1 �I L � 51 RI fl � ! ♦ � !,� r of feoder3h +� THIS AGREEMENT, entered into this 8 day of August, 2018, by and between Orange County ( "County "), by and through the Orange County Arts Commission ( "Arts Commission ") and Chapel Hill Philharmonia ( "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 projects. WHEREAS, the Arts Commission administers the annual 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 annual Arts Grants Program is supported by Arts Commission with funds from the Grassroots Arts Program of the North Carolina Arts Council, a division of the Department of Natural and Cultural Resources, a state agency. WHEREAS, the Grant Recipient was selected by the Arts Commission to receive the annual 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 one thousand five hundred eighty -seven dollars ($ 1,587) have been awarded by the Arts Commission to the Grant Recipient for the approved Project. The Recipient shall be required to match funds 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, as outlined in the attached Exhibit A. 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 July 2018 DocuSign Envelope ID: 9F15BOF6 -07C7- 4711- 8BD5- 8403D6766EEB A. Implementation. The Project implementation shall take place between July 1, 2018 and June 30, 2019. The Project shall be implemented in the manner described in Exhibit A. Time is of the essence in the implementation of the Proj ect. 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 —assi -nent. 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 described in the attached Exhibit A. F. Final Report. Grant Recipient shall submit to the Arts Commission a Final Report on July 12, 2019. 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 $1,587 to the Grant Recipient. 6. Publicity A. Acknowled_eg ment. Credit must be given to the Orange County Arts Commission and /or the North Carolina Arts Council using the proper logo(s) and credit line 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 and North Carolina Arts Council 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 2 Revised July 2018 DocuSign Envelope ID: 9F15BOF6 -07C7- 4711- 8BD5- 8403D6766EEB credit shall be given. In addition, all print and promotional material must include the following credit line and logo(s) (check all that apply): i. County Funds Only. Orange County Arts Commission logo required. Credit line required for audio projects: "This program is supported by the Orange County Arts Commission. " ii. x North Carolina Arts Council Funding. The Orange County Arts Commission and the North Carolina Arts Council logos are required. Credit line: "This program is supported by the N.C. Arts Council, a division of the Department of Natural and Cultural Resources. " 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.artsoranmm/events. In addition, the Grant Recipient must add a link to www.artsorange.org (Orange County Arts Commission logo preferred) to their main webpage. 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 July 2018 DocuSign Envelope ID: 9F15BOF6 -07C7- 4711- 8BD5- 8403D6766EEB (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. 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.oran e� countync. _og v /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 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 4 Revised July 2018 DocuSign Envelope ID: 9F15BOF6 -07C7- 4711- 8BD5- 8403D6766EEB 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. Fnr and nn : hnhnl f of the Grant Recipient 9S UocuSigned FyyFS1E9A816E416... Jonn Konanc, ueneral Manager Fnr and nn hohnifnfn -ange County Government IBocuSigned by, E0637994B755E477... Uonme Hammersley, County Manager 5 Revised July 2018 8/13/2018 8/14/2018 Date Date DocuSign Envelope ID: 9F15BOF6 -07C7- 4711- 8BD5- 8403D6766EEB July 19, 2018 John Konanc Chapel Hill Philharmonia PO Box 2853 Chapel Hill, NC 27515 -2853 G GRANT AWARD LETTER Fiscal Year 2019 Grant Category ®Grassroots Arts Program ❑Artist Project Grant Program Funding Source El North Carolina Arts Council X❑Orange County Award $1,587.00 Start Date July 1, 2018 End Date June 30, 2019 OCAC Report Due Friday, July 12, 2019 Project Title General Operating Support of Chapel Hill Philharmonia Stipulations ❑Grantee must spend $0 on the hiring of multicultural artists specified in the grant application. X❑Grantee must properly credit the Orange County Arts Commission using the proper logo on all publicity materials. Download logos on the OCAC website at https: / /artsorange.org /grants /grantee- resources ❑Grantee must properly credit the Orange County Arts Commission and the N.C. Arts Council using the proper logos AND N.C. Arts Council credit line on all publicity materials. Download logos and view proper credit line language on the OCAC website at https: / /artsorange.org /grants /grantee- resources X❑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. Staff Contact Katie Murray, Director (919)245 -2335 1 kmurrav @orangecountync.gov DocuSign Envelope ID: 9F15BOF6 -07C7- 4711- 8BD5- 8403D6766EEB Orange County Arts Commission Organization Name Chapel Hill Phi I harmonia by John Konanc -M 2018 -19 Grassroots Arts Program Grant Application john.konanc @hotmail.com Original application Mailing Address of Organization How did you hear about our grant program? Did you or a representative of your orgnanization attend one of our grants training sessions? Nature of Organization P.O. Box 2853 Chapel Hill, NC 27515 -2853 Word of mouth No Arts Organization Powered by Submittable U 05/28/2018 id. 10443836 05/28/2018 Organization The Chapel Hill Philharmonia (CHP) was formed in 1983 to provide a Description setting for local amateur musicians to meet and perform together as a symphony orchestra. The CHP's mission has remained consistent over time: • Offer accomplished volunteer adult and student instrumentalists an opportunity to play together in an orchestra • Inspire both adults and children to appreciate, study, and play classical music by providing free classical music concerts • Encourage musicians of all ages to strive for musical excellence In the CHP's early years active membership was approximately 50 players and the group played two or three concerts per season. Since the year 2000, under the leadership of Prof. Donald Oehler, the orchestra has grown to more than 85 active players and now presents four free concerts per season, reaching a total audience of around 1200 people each year. The CHP is open to musicians without audition and draws members from across the Triangle area. Musicians span a wide range of occupations, including scientists, engineers, teachers, physicians, and students. The youngest players are sometimes still in their teens, while the oldest are over 80. In addition to growing in size, the orchestra has broadened the scope of its activities in recent years: DocuSign Envelope ID: 9F15BOF6 -07C7- 4711- 8BD5- 8403D6766EEB • Beginning in 2005, the group has given a few premieres of works by contemporary composers, including Eddie Bass, Terry Mizesko, Jay Greenberg, Garth Molyneux, and Ann Millikan. • In 2008, the orchestra first teamed with vocal students from the UNC Music Department to present a concert of opera arias and ensembles. Repeated again in 2012 and 2014, these "Divafest" programs allow developing singers the rare opportunity to appear with full orchestral accompaniment. • Under the leadership of guest conductor Andrew McAfee, the orchestra initiated a children's concert in 2007 and has made it an annual event since 2009. With attendance of around 300 (evenly split between elementary- school -aged children and adults), this concert in particular reaches beyond traditional classical music audiences. • Starting in 2015, the orchestra has sponsored summer chamber music concerts featuring orchestra members. • The orchestra has also collaborated with other area ensembles, including the Chapel Hill Community Chorus (2009), the Piedmont Youth Orchestra (2012), and the Chapel Hill Youth Violin Ensemble (2012). The CHP is governed by a board of directors elected from the ranks of the orchestra. Most organizational chores are performed by volunteers, though the music librarians and stage managers are paid a nominal fee. The CHP is planning five different programs for 2018 -2019 and is also supporting its annual Young Artist Competition: • Summer 2018: Chamber music concert with members of the CHP. • October 21, 2018: A children's concert. • December 9, 2018: A classical concert featuring Prokofiev's Symphony #5. • February, 2019: Auditions for 2018 Young Artists Competition. • March 10, 2019: A classical concert featuring violist George Taylor and Mozart's Symphony #4. • May 5, 2019: A classical concert featuring 2019 Young Artists Competition winner and Schubert's Symphony #9. During FY18 -19, will No your organization receive operational support funding from the North Carolina Arts Council or the North Carolina Department of Natural and Cultural Resources? Organization's EIN 561806074 Organization www.chapelhillphilharmonia.org Website DocuSign Envelope ID: 9F15BOF6 -07C7- 4711- 8BD5- 8403D6766EEB Authorizing Official's John Konanc Name Authorizing Official's Title Authorizing Official's Phone General Manager 919- 493 -5491 Authorizing Official's john.konanc @hotmail.com Email Applicant Race White Financial Overview 3a7565ff -aaab- 4744- bd3c- b8acb7866223.xlsx Organizational Financial Statements Detailed_Budget.pdf Title of Grant Request Grant Amount Requested Is the person in charge of this program or project different from the Authorizing Official? General Operating Support of Chapel Hill Philharmonia $2500 Yes Project Director Donald Oehler Name Project Director Title Music Director Project Director Street Address Project Director Phone Project Director Email What are you requesting funding for? 706 -202 Copperline Drive Chapel Hill, NC 27516 919 - 452 -5804 dloehier @email.unc.edu Operational expense (arts organizations ONLY) DocuSign Envelope ID: 9F15BOF6 -07C7- 4711- 8BD5- 8403D6766EEB Request Summary Grant funds are requested to help fund two of the most important needs of the orchestra, the music director's salary and rent for rehearsal and performance space. Along with music rentals, these are the two most costly items in the annual budget. The annual rent for our rehearsal space is currently set at $1500. The music director's salary is estimated at $6650. Organizational Goals The main qualitative goal of the group is to gradually improve the standards of the orchestra while maintaining an enjoyable performing environment for the players. The music director is primarily responsible for these objectives. The music director helps the group reach a common interpretation of the music, while also providing practical performance advice to individual players. The music director also sets the tone for the orchestra in rehearsal, making sure that the group remains fun for all. Outside rehearsal, the music director serves as the public face of the orchestra. Affordable rehearsal space is absolutely vital to support the main operational goal of the group, to prepare and perform four free concerts a year. The relatively modest budget of the orchestra is only possible with an inexpensive rehearsal and performance venue. The support of grant resources helps lift pressure from the CHP's member donations. The orchestra seeks to keep its requested member donations as low as possible, so that the dues do not become a barrier to entry into the group. How will you The CHP does not have a formal process for evaluating our concerts. evaluate whether or However, the main thrust of the orchestra's efforts during the year is not your goals have continuous improvement for both individuals and the ensemble. The been met? group makes archive recordings of each concert, allowing musicians the chance to assess their performance. How do you promote The orchestra pursues a low -cost approach to publicity for our and publicize the programs, using a website, word -of- mouth, flyers, online calendars, work of your newspaper listings, an e-mail list, and social media to promote our organization? events. The group has been able to consistently build a good audience without significant spending on advertising. Please describe The CHP has always been primarily supported by member donations. efforts by your In the past few seasons the orchestra has tried to diversify its organization to funding sources, starting a small endowment fund in 2013, selling generate revenue. some advertising in our programs, applying for local grant funding, and collecting small donations at concerts. The group's revenue plan for the upcoming year is 50% from member donations, 10% from endowment returns, 20% from grants and 20% from outside sources. Resumes of artists /administrators Grant_Artists2.pdf Board of Directors List Grant_Directors.pdf DocuSign Envelope ID: 9F15BOF6 -07C7- 4711- 8BD5- 8403D6766EEB IRS Tax Exemption Tax_Exempt.pdf Publicity Samples October 2017_Poster.pdf March_2018_Poster. pdf CHP- Dec- 2017.pdf CHP- May- 2018.pdf Work Samples 01 _Khachaturian_Waltz.mp3 02_Respighi_Appian.mp3 05_Cor1olan_Open.mp3 03_Stookey_V1o11ins.mp3 04_Stookey_Composers.mp3 Letters of support (optional) Grant_Review.pdf