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Home My WebLink About2018-393-E Arts - Ben Hamburger arts grantor DocuSign Envelope ID: E6F50B79- OC26- 4F3E- 950C- 70922lC5FB2F ,r M a � .� ± � � North ♦r �� + Carolina < 0 0 Arts Cup ORANGE COUNTY ARTS COMMISSION '��i l�j' Council a I + c n c', r'r b� ] 2018 -19 GRANT AGREEMENT f N ► ` � .400 ' Fifty years � �� jr i ofleadership 111e1'Ih I'��1 3'tl 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 Ben Hamburger ( "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 one hundred fifty- seven ($ 1,157) 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 Revised July 2018 DocuSign Envelope ID: E6F5OB79- OC26- 4F3E- 95OC- 70922lC5FB2F 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 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 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. Pagnent. The Arts Commission shall release the grant funds in the amount of $1,157 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: E6F50B79- OC26- 4F3E- 950C- 70922lC5FB2F 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. x 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. 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.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. 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: E6F50B79- OC26- 4F3E- 950C- 70922lC5FB2F (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 eg 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: E6F5OB79- OC26- 4F3E- 95OC- 70922lC5FB2F 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. Fnrnnd nn hvhnlfnfthe Grant Recipient OocuSigned by: h* Wy 239675FE19AF40F... Ben Hamburger, w ^V rNa ^�^ h�� ^� nNan e County Government I�ocuSigned by: g E0637994B755E477... Bonnie Hammersley, County Manager 5 Revised July 2018 8/13/2018 8/15/2018 Date Date DocuSign Envelope ID: E6F50B79- OC26- 4F3E- 950C- 709221C5FB2F July 19, 2018 Ben Hamburger 202 Maple Ave. Apt. B Carrboro, NC 27510 GRANT AWARD LETTER Fiscal Year 2019 Grant Category ❑Grassroots Arts Program X❑Artist Project Grant Program Funding Source El North Carolina Arts Council X❑Orange County Award $1,157.00 Start Date July 1, 2018 End Date June 30, 2019 OCAC Report Due Friday, July 12, 2019 Project Title Pacific Northwest Plein Air Event Travel Funds 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: E6F5OB79- OC26- 4F3E- 95OC- 709221C5FB2F Orange County Arts Commission Powered by Submittable D Name Ben Hamburger 05/25/2018 by Ben Hamburger in 2018 -19 Artist Project Grant id. 10432233 Program Application 202 Maple Ave Apt B Carrboro, North Carolina 27510 NC United States 3014378981 bkhamburger @gmail.com Original application 05/25/2018 Mailing Address 202 Maple Ave. Apt. B Carrboro, NC 27510 Email benhamburgerart @gmail.com Primary Phone 3014378981 Website www.benhamburgerart.com How did you hear OCAC Enews about our grant program? Did you attend Artist Yes Project Grant Training Session? Title of Grant Pacific Northwest Plein Air Event Travel Funds Request Grant Amount $1650 Requested Project Start Date July 26, 2018 (no earlier than July 1, 2018) Project End Date (no August 25, 2018 later than June 30, 2019) DocuSign Envelope ID: E6F50B79- OC26- 4F3E- 950C- 709221C5FB2F Project /Program I was recently accepted to the prestigious Pacific Northwest Plein Air Summary Event in the Colombia River George at the Maryhill Museum of Art in Goldendale, Washington. This event attracts some of the best landscape painters from primarily the West Coast. Following four days of plein air (outdoor) painting throughout the Columbia River George (July 30th - August 2rd), there will be a juried exhibition (Opening August 4th) that will hang throughout the month of August 2018. Throughout the event, there will be workshops and seminars. I am requesting funds to support my participation in the event. Having participated in the event in 2015, 1 know how beneficial it is to be surrounded by exceptional painters with decades more experience than I in such a striking natural landscape. The intensity of the few days of painting, will inevitably strengthen my artistic voice and lead to new opportunities and connections in the art world. Since I participated last, the event has grown and the exhibition is now hosted by the Maryhill Museum. Taking part in a museum exhibition will be a great stride forward in my career. I will be in Oregon for a total of 8 days surrounding the event. A rental car will be critical to allow me to pack up painting supplies and access scenic locations all over the region during the event. I am seeking funds to support airfare to Portland, Oregon, a rental car for the week surrounding the event, Air Bnb accommodations for a portion of my time there, additional painting and framing supplies, and return shipping costs. Community Impact Although the event takes place across the country, I will bring back with me newly refined skills to share with the Orange County community. I teach expressive landscape painting at The Arts Center and will introduce new knowledge, techniques, and experience that I gain from the Pacific Northwest Plein Air painting event to future classes that I teach. I will also bring back work to exhibit in local galleries and exhibition spaces (including Eno Gallery who currently represents my work). Artist Experience I have been painting an exhibiting work since 2010. 1 discovered my love for plein air painting in 2015 after doing a painting per day during a cross - country road trip. Since then, I have taken part in several plein air events including a previous Pacific Northwest Plein Air Event and last year's Orange County's Paint It Orange event at which I won 'Honorable Mention'. The great thing about plein air painting is that learn something new each time, and given the intensity of plein air painting events, I grow immensely. Budgeted Expense Budgeted Income 13bfd731- c786- 4f8f- a70c- 80dab3ce903c.xlsx Resumes of artists /administrators art_resumecv_2018_2_page.pdf DocuSign Envelope ID: E6F5OB79- OC26- 4F3E- 95OC- 709221C5FB2F Publicity Samples Work Samples foreground_trees_12x9.jpg path12x16.jpg u p_the_h ill_12x16. jpg sedona9x12.jpg coloradoriver8x10. jpg Video Sample: External Link Letters of support (optional) Hamburger PNWPA.pdf