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HomeMy WebLinkAbout2020-868-E Arts Commission - Daylight Community Arts Foundation arts grant DocuSign Envelope ID:8285036D-1AC4-436A-AB12-F872777F5A38 ORANGE COUNTY ARTS COMMISSION 1P R A w 6 r r u u r:r r ARTS 2020-21 GRANT AGREEMENT t4MV13510N THIS AGREEMENT, entered into this 2 day of November, 2020, by and between Orange County ("County"), by and through the Orange County Arts Commission ("Arts Commission") and Daylight Community Arts Foundation("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 Operation Support Grants Program to provide economic support to Orange County 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 allocated by the Orange County Board of County Commissioners. WHEREAS, the Grant Recipient was selected by the Arts Commission to receive the 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 three thousand dollars ($3,000) have been awarded by the Arts Commission to the Grant Recipient for the approved Project. 3. Responsibilities of the Grant Recipient A. Implementation. The Project implementation shall take place between July 1, 2020 and June 30, 2021. 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 1 Revised October 2020 DocuSign Envelope ID:8285036D-1AC4-436A-AB12-F872777F5A38 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, 2021. 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. 4. Responsibilities of the Arts Commission A. Pam. The Arts Commission shall release the grant funds in the amount of $3,000 to the Grant Recipient. 5. Publicity A. Acknowledgement. Credit must be given to the Orange County Arts Commission 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 logo may be downloaded at www.artsorange.orW a_r n�tee- resources and may not be altered in any way. When no printed information is used, verbal credit shall be given. In addition, all print and promotional material must include the following credit line and logo: "This program is supported by the Orange County Arts Commission. " 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. 2 Revised October 2020 DocuSign Envelope ID:8285036D-1AC4-436A-AB12-F872777F5A38 6. Indemnity. The Grant Recipient agrees to indemnify and hold harmless the County, the Arts Commission, it's 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. 7. 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. 8. 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. (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. 9. 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 3 Revised October 2020 DocuSign Envelope ID:8285036D-1AC4-436A-AB12-F872777F5A38 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 coun nc. 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 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 I IA and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] 4 Revised October 2020 DocuSign Envelope ID:8285036D-1AC4-436A-AB12-F872777F5A38 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. F p �pj L�N!&'ad of the Grant Recipient x6ff 11/3/2020 Michaelltkoff, President Date For g§j#gg:behatf of Orange County Government Ef jbin Wt, RawtMt VSbi 11/5/2020 os;37ss4e755F 477 Bonnie Hammersley, County Manager Date 5 Revised October 2020 DocuSign Envelope ID:8285036D-lAC4-436A-AB12-F872777F5A38 ORANGE COUNTY-DEPARTMENT USE ONLY Party/Vendor Name: DUlight Community Arts Foundation Party/Vendor Contact Person: Michael Itkoff Contact Phone: 917-239-8615 Party/Vendor Address: 302 W. Queen St City Hillsborough State: NC Zip: 27278 Department: Cnty Mn gr Amount: 3,000 Purpose: 2020 Operations Support Grant Budget Code(s): 37601020- 683010 Vendor # 66564 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No❑ Contract Type: (Check one)New ❑ Renewal ❑ Amendment ❑ Effective Date Approved by Board Yes❑ No❑ Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: Ls gned by: Department Director's Signature fthMA`" Date: 11/3/2020 Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency i Ww"§tandards,specifications,and requirements: 9US& Cb► b 11/4/2020 Office of the Risk Management Officer Date: Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: DocuSigned by: Office of the Chief Financial Officer +2.14.� Date: 11/5/2020 sai=�rsr�eer$ Legal Services This agreement is approved as t �alnfiv and sufficiency: Office of the County Attorne �' " '�h� Date: 11/5/2020 Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: 6 Revised October 2020 DocuSign Envelope ID:8285036D-1AC4-436A-AB12-F872777F5A38 Orange County Arts Commission Powered by Submittable [� Applicant Daylight Community Arts 09/23/2020 Organization Foundation id. 17656362 by Michael Itkoff in Operations Support Grant 302 W. Queen St Hillsborough, North Carolina 27278 NC United States 9172398615 mike@daylightbooks.org Original application 09/23/2020 Organization physical 302 W. Queen St address: Street Organization physical Hillsborough address: City Organization physical 27278 address: Zip Code Organization's Orange County Contact's First and Michael Itkoff Last Name Contact's President Relationship to Organization Contact's Phone 9172398615 Number Contact's Email mike@daylightbooks.org Address Organization www.daylightbooks.org Website Organization's Daylight is a nonprofit organization dedicated to publishing art and Mission Statement: photography books. By exploring the documentary mode along with the more conceptual concerns of fine art, Daylight's uniquely collectible publications work to revitalize the relationship between art, photography, and the world at large. DocuSign Envelope ID:8285036D-1AC4-436A-AB12-F872777F5A38 How many years 17 have you been in operation? Who do you serve? Daylight is dedicated to publishing the work of artists and photographers from North Carolina and beyond. Since our inception we have featured the following artists from Orange County: Tom Rankin, Lori Vrba, Tama Hochbaum, Leah Sobsey, Sam Stevenson, elin oHara Slavick, Alex Harris, Frank Hunter, Kate Joyce, Elizabeth Matheson and many more. Currently, how many 2 full-time staff members does your organization employ? Currently, how many 5 part-time staff members does your organization employ? Do you occupy We were forced to move out of our gallery space due to budgetary physical space? contrainsts. Describe the impact Our revenue from book sales has dropped and donations have not of COVID-19 on your kept pace with our deficit. organization including financial loss and staff/operating changes: What is your 50000 organization's estimated financial loss to date as a result of COVID-19 (dollar amount): What amount are 5000 you requesting? If granted, how will We have endeavored to reduce overhead and operational costs but you use the funds? they continue to accrue. Our first use of the fund will be to support our organizational expenses. DocuSign Envelope ID:8285036D-1AC4-436A-AB12-F872777F5A38 Have you received We received support from the PPP. or applied for any other emergency funding, either through the CARES Act, NEA, or any other emergency relief fund? Please explain. Does your Our goal is to build an endowment but we are still a number of years organization have away from that. cash reserves? If so, please explain your decision to use or not use these reserves as a result of COVID-related losses. Please upload your organization's most recent Form 990 or most recent year-end financial statement. DCAF_2018_Form_990.pdf How else may we It is wonderful to know we have supporters at the county level help you right now? looking to help local arts organizations through grants and other resources- thank you!