HomeMy WebLinkAbout2019-681-E Arts - Chelsea Theater arts grant DocuSign Envelope ID:A8BFFD03-F94C-4EC5-9A3A-324A7D4890C4
�i
G
ORANGE COUNTY
ARTS COMMISSION
September 26, 2019
Emily Kass
Chelsea Theater
1129 Weaver Dairy Road, Suite AB
Chapel Hill, NC 27514
GRANT AWARD LETTER
Fiscal Year 2020
Grant Category ®Grassroots Arts Program ❑Artist Project Grant Program
Funding Source ❑North Carolina Arts Council ZlOrange County
Award $1557.76
Date July 1, 2019
End Date June 30, 2020
OCAC Report Due Monday,July 13, 2020
Project Title Operating Support for the Chelsea Theater
Stipulations ❑Grantee must spend $0 on the hiring of multicultural artists specified in the grant
os
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
Los
https://artsorange.org/grants/grantee-resources
f� 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 kmurray@orangecountync.gov
It
DocuSign Envelope ID:A8BFFD03-F94C-4EC5-9A3A-324A7D4890C4
s Nr•.�►M� North
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ORANGE COUNTY ARTS COMMISSION '�+� Council
it �+ G o u EMT Y Y S 2019-20 GRANT AGREEMENT ' r ` .40■' Fifty years
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THIS AGREEMENT, entered into this 1 day of October, 2019, by and between Orange County
("County"), by and through the Orange County Arts Commission ("Arts Commission") and
Chelsea Theater("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 fifty-
seven dollars and seventy-six cents ($ 1557.76) 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
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A. Implementation. The Project implementation shall take place between July 1,
2019 and June 30, 2020. 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 13, 2020. 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
$1557.76 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
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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.m/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.
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(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
htip://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
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DocuSign Envelope ID:A8BFFD03-F94C-4EC5-9A3A-324A7D4890C4
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.
For and on behalf of the Grant Recipient
UocuSigned by:
I
W►l� �.SS 10/1/2019
C I F4EA 1 7?cutive Director Date
For and on behalf of Orange County Government
�ocu5igned by:
�6lnJln.1l. KALYS 10/2/2 019
0637994B755E477.. —,)unty Manager Date
5
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DocuSign Envelope ID:A8BFFD03-F94C-4EC5-9A3A-324A7D4890C4
grange County Arts Commission Powered by Submittable [�
Organization Name Chelsea Theater 06/04/2019
Emily Kass in 2019-20 Grassroots Arts id. 13267799
Program Grant Application
emily.kass@thechelseatheater.org
Original application 06/04/2019
APPLICANT Please tell us about your organization.
INFORMATION
Mailing Address of 1129 Weaver Dairy Road, Suite AB
Organization Chapel Hill, NC
27514
How did you hear OCAC Enews
about our grant
program?
Did you or a No
representative of
your orgnanization
attend one of our
grants training
sessions?
Nature of Arts Organization
Organization
DocuSign Envelope ID:A8BFFD03-F94C-4EC5-9A3A-324A7D4890C4
Organization The Chelsea Theater is a nonprofit, 3-screen cinema (135, 115, and
Description 85 seats). located in the Timberlyne Shopping Center on the north
Side of Chapel Hill.
Our mission is to promote the appreciation and understanding of film
by presenting a mix of first run, independent, international,
documentary, classic, and specialty films and offering special events,
educational programs and community outreach.
In operation as a nonprofit for just fourteen months, we have
welcomed over 45,000 paying customers and signed up 1,116
member households. Our visitors come from throughout Orange
County, with an emphasis on Chapel Hill, Carrboro, and Hillsborough
areas; Durham and Chatham Counties; Burlington, Cary and Raleigh.
Because of the originality of our offerings, visitors come from farther
afield: As just one example, a family drove two and a half hours to
see At Eternity's Gate, a film about Vincent van Gogh, on Christmas
day.
The Chelsea is open 365 days a year and offers two daily matinees
Thursdays through Sundays as well as two evening shows daily. We
provide assistive listening headphones with adjustable settings and
adjustable closed captioning devices that fit into cup holders that
present all the dialogue. We also offer monthly open caption
matinees the third Thursday of each month.
The board of directors, with a maximum of fifteen members, consists
of film scholars and enthusiasts, accountants, educators, marketing
and fundraising professionals. Several of the founding board
members, whose original intent was primarily to "save" the Chelsea,
have left the board after the first year and are in the process of being
replaced. Attention is being given to those skills needed to propel the
Chelsea forward, and to increasing diversity from the current 20
percent, reflecting the international flavor of our offerings as well as
the communities we serve.
The Executive Director, responsible for overall artistic direction,
marketing/community relations and fundraising is the former director
of the Ackland Art Museum. She has decades of arts management,
program development and fundraising experience. The Operations
Manager has a background in film and technology; and nine part time
employees handle ticketing, projection and concessions.
Additionally, approximately twenty-five volunteers work on
membership, facilities, finance, special events and other activities.
DocuSign Envelope ID:A8BFFD03-F94C-4EC5-9A3A-324A7D4890C4
During FY19-20, 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 824309682
Organization www.thechelseatheater.org
Website
Authorizing Official's Emily Kass
Name
Authorizing Official's Executive Director
Title
Authorizing Official's 919-929-8428
Phone
Authorizing Official's emily.kass@thechelseatheater.org
Email
Applicant Race White
Financial Overview
af39f9f0-44e9-426d-8e49-be5d286ed674.xlsx
Organizational Financial Statements
2018_Actual_2019_2010_Budget_sent_to_Emily_for_Grant_on_5-29-2019.xlsx
Deficit/Surplus The Chelsea Theater's fiscal year is the calendar year and the annual
budget and financial plan calls to end each year with a surplus.
Annually there are definite "seasons" of higher and lower activity. For
example, March through May and September are times of lowered
ticket sales. Attendance builds during the summer. Late fall through
February is "high season." Therefore, the current YTD statement
reflects a natural dip in income during the spring and a resulting
deficit is covered by cash reserves.
PROJECT/PROGRAMTell us about your project or program
INFORMATION
Title of Grant Operating Support for the Chelsea Theater
Request
Grant Amount $3,000
DocuSign Envelope ID:A8BFFD03-F94C-4EC5-9A3A-324A7D4890C4
is the person in No
charge of this
program or project
different from the
Authorizing Official?
What are you Operational expense (arts organizations ONLY)
requesting funding
for?
Request Summary OCAC funding is requested to support marketing efforts including
print/direct mail social media, outreach, and the salaries of staff that
are responsible for these efforts. Specifically, we plan on increasing
attendance by new patrons; increasing repeat customers; and
evaluating the success of our marketing efforts.
Organizational Goals The goals of the Chelsea are:
• Provide a year-round schedule that represents the best of
contemporary, international, documentary and classic films, not
duplicating other area venues.
• Present lectures, performances, and other offerings that
complement and enhance our understanding of films.
• Promote understanding among cultures through the medium of
film.
• Collaborate with universities, organizations, and community groups
• Provide a space for regional filmmakers to present new and
relevant work.
• Offer opportunities for students of all ages to learn about film and to
become more media literate.
• Engage with area scholars, faculty, and professionals to provide
expertise to the broader communities that we serve
OCAC support will allow us to reach more of the communities who
can benefit from these opportunities.
DocuSign Envelope ID:A8BFFD03-F94C-4EC5-9A3A-324A7D4890C4
How will you We are in constant dialogue with audiences and supporters with
evaluate whether or active on-site volunteers who listen to feedback from audiences and
not your goals have board and staff know what they hear. We also evaluate programs
been met? with our collaborators. We look at attendance data: numbers of
tickets sold (by film/as well as by week/month and other qualifying
factors) as compared to the previous year's attendance. To assess
marketing efforts, we will collect zip code data from film and special
event attendees to see where audiences come from and how they
learned about the event.
Surveys and Focus Groups: We will conduct on site
interviews/surveys and electronic questionnaires to determine
attitudes about the Chelsea.
Financial data: We will also look at our bottom line results --
membership renewals, annual giving, box office, allocation of ticket
sales (i.e. members, seniors, adult, student, military, matinee).
Results of the summer direct mailer (see below) will be analyzed
through return on the investment—numbers of pieces returned, how
utilized, etc. With direct mail, often the results will be seen over a
longer time horizon and require repeat mailing, if this is deemed a
viable approach.
How do you promote We currently utilize the following outlets:
and publicize the Consistent with other movie theaters, we promote films through our
work of your website, and via Google, Fandango, Flickster, Yelp, and Facebook.
organization? Advance tickets are sold through our website.
Our weekly e-newsletter is sent to 2700 addresses. New email
addresses are added regularly via the website, at theater signups
and new members.
We promote special screenings and programs through special
emails, posters, flyers, events listings, social media, radio interviews
and magazine or local newspaper features.
features.
This summer, we are piloting a direct mail campaign, utilizing EDDM
(Every Direct Door Mail). We will use the 2019 ESRI Community Profile
provided by our landlord, Timberlyne Shopping Center, to target
within zip codes. The campaign will offer choices of various
incentives such as 2-for-1 admission, discounted concessions, or
trial memberships. Equipped with income, educational, age, and
other information that lines up with our likely audience
demographics, we expect to attract new audiences to the Chelsea.
We work informally with UNC film-related departments, but this fall will
more strategically approach UNC. Last fall we participated in UNC's
CRASH campaign, which provided useful information on ways to
connect with students. We hope to engage a student intern this fall
through the APPLES student learning at UNC.
Instagram is in its nascent stage for us and Twitter has not yet been
show to be effective with our audience
DocuSign Envelope ID:A8BFFD03-F94C-4EC5-9A3A-324A7D4890C4
Please describe The Chelsea Theater opened on March 30, 2018, the result of a
efforts by your successful grassroots campaign to Save the Chelsea Theater,
organization to raising $100,000 in less than three months after the previous owner
generate revenue. announced he was retiring. Funds were used to purchase equipment
and fund start up costs. Ultimately, some new equipment was
needed, and several "surprises" required immediate attention. Yet,
the enthusiasm and commitment of the community has led to the
growth of membership from zero to 1,116 households, and an
additional $10,000 being donated nine months later for year end
giving.
Still, ticket and concession sales remain the largest percentage of
income and with 50%of ticket sales going directly to the film
distributors, we need to build a combination of a more robust
attendance and donor bases. At this point, we have decided that
raising ticket prices would not be wise, given the comparatives in the
area.
As a new organization, we are seeking to broaden our base, and to
seek sponsorships from individuals, foundations, and businesses.
This is no small challenge in this area's crowded arena. Of critical
importance is our need to plan for capital needs such as facilities
repairs and refurbishments and eventual equipment replacement.
We are holding a modest fundraising event this month of Chelsea
movie posters collected over the past year as well as launching new
Chelsea T-shirts. This fall, we are planning a dinner/auction event.
We expect that even if both of these generate only modest returns,
their visibility and awareness generation is important. We are in the
very early stages of planning a campaign to raise funds for
equipment and facilities refurbishment: at this time, primarily
assessing needs.
NOTE FOR Only requests for program/project funds need to submit a
PANELISTS program/project budget. Requests for operating funds should be
evaluated using the organization's financial docs submitted under
"Organization Information."
Resumes of artists/administrators
Kass.CV-4.doc
Board of Directors List
Chelsea_Board.docx
IRS Tax Exemption
IRS_Determ ination_Letter.pdf
Publicity Samples
Reellsrael_Flier v2.jpg
Chelsea_Theater Weekly_Newsletter May_31June_6_2019.pdf
DocuSign Envelope ID:A8BFFD03-F94C-4EC5-9A3A-324A7D4890C4
Work_Samples.pdf
Video Sample: n/a
External Link
Letters of support (optional)
Chelsea letter for Rachel_052819.pdf
Diane Bloom OCAC letter.docx