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HomeMy WebLinkAbout2020-869-E Arts Commission - Voices of Chapel Hill arts grant DocuSign Envelope ID:7892AA9B-8D55-444D-ACF5-4C871 E67EC75 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 Voices Chapel Hill ("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:7892AA9B-8D55-444D-ACF5-4C871E67EC75 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:7892AA9B-8D55-444D-ACF5-4C871E67EC75 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:7892AA9B-8D55-444D-ACF5-4C871E67EC75 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:7892AA9B-8D55-444D-ACF5-4C871E67EC75 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. 7,. ,pq,Pehatfof the Grant Recipient wsaA, bVW,' SSUA, PQ 11/3/2020 Susan Brunssen, PhD, Development Director Date Lbb=t- gMgegg:behalf of Orange County Government l�a�M►Mt VS 11/5/2020 Bonnie Hammersley, County Manager Date 5 Revised October 2020 DocuSign Envelope ID:7892AA9B-8D55-444D-ACF5-4C871E67EC75 ORANGE COUNTY-DEPARTMENT USE ONLY Party/Vendor Name: Voices Chapel Hill Party/Vendor Contact Person: Susan Brunssen Contact Phone: 919-599- 4513 Party/Vendor Address: PO Box 3011 City Chapel Hill State: NC Zip: 27515 Department: Cn1y Mngr Amount: 3,000 Purpose: 2020 Operations Support Grant Budget Code(s): 37601020-683010 Vendor # 51428 (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: DocuSigned by: Department Director's Signature Date: 82 Agreements for emergency services r repair are n subject to the above affirmation. If services related to this A3EMUB364B4... 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 of insurance standards,specifications,and requirements: DocuSigned by: Office of the Risk Management Officer Ffil;fA. f AIAlow Date: �,, , i0 7FDCF9176800498... 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 Date: 11 ,�00 0 �M40181ACC1409... Legal Services This agreement is approved as to legal form and sufficiency: DocuSigned by: Office of the County Attorne Date: 020 4035CB8304CMA9... 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:7892AA9B-8D55-444D-ACF5-4C871 E67EC75 Orange County Arts Commission Powered by Submittable [� Applicant VOICESChapel Hi I I 10/03/2020 Organization by Susan Brunssen in Operations Support Grant id. 17767626 PO Box 3011 Chapel Hill, North Carolina 27515 United States 9195994513 susanbrunssen@gmail.com Original application 10/03/2020 Organization physical PO Box 3011 address: Street Organization physical Chapel Hill address: City Organization physical 27515 address: Zip Code Organization's North Carolina County Contact's First and Susan Brunssen, PhD Last Name Contact's Development Director Grants coordinator Relationship to Organization Contact's Phone 9195994513 Number Contact's Email susanbrunssen@gmail.com Address Organization www.voiceschapelhill.org Website Organization's VOICES mission is to foster, sustain, and share the art and joy of Mission Statement: choral music and to enrich and educate the Triangle community through excellent performances of music from diverse cultures and historical periods. How many years 40 have you been in operation? DocuSign Envelope ID:7892AA9B-8D55-444D-ACF5-4C871E67EC75 Who do you serve? VOICES is the overarching organization, comprised of "Voices" a 120+ SATB symphonic chorus, "Cantari" a 30+ member select ensemble, and "Summer Voices" a 60+ member non-auditioned chorus. We produce 5-6 unique choral concerts each year and hire local instrumental musicians for each program. VOICES serves adults (ages 18-87) who can't imagine life without the joy of singing! Our members live in Chapel Hill, Carrboro and Orange County (801/6), Durham County (151/6), and Wake and Alamance (50/6). Since 2015, VOICES rosters have included nearly 400 unique individuals. Seniors comprise approximately 30%of Voices and 12% of Cantari while graduate students comprise about 10%of each group. VOICES serves community residents, especially elders. Cash ticket sales preclude obtaining residence data for each audience member, but 48%of respondents to audience surveys collected in December 2017 and March 2018 resided in Chapel Hill and Carrboro (by zip code; 22%and 44% response rates). Seniors made up 60%of Voices and 40%of Cantari attendees (2018-19 ticket sales data). Extrapolating from 2018-19 total ticket sales, we thus estimate 720 individuals came from Chapel Hill/Carrboro. These data were scheduled to be updated at Spring 2020 concerts; they will be gathered as soon as current restrictions on concerts are lifted. Currently, how many 0 full-time staff members does your organization employ? Currently, how many 2 part-time staff members does your organization employ? Do you occupy No. We rent rehearsal space only. The Board is comprised of physical space? volunteers from the membership and all work is done from our homes. DocuSign Envelope ID:7892AA9B-8D55-444D-ACF5-4C871E67EC75 Describe the impact In reaction to the COVID-19 pandemic, concerts were prohibited in of COVID-19 on your early March 2020. As a result, the entire Spring concert season organization including income was lost (-$12,000). The cancelled joint Cantari/Voices financial loss and concert in May, 2020 was a planned logistical trial for the May 2021 staff/operating premiere of a major new work, "Having Seen Afar Off" commissioned changes: by VOICES to Todd Coleman to mark our 40th anniversary. We may have to postpone this premiere until 2022. VOICES chose not to close operations. Instead, VOICES paid for remote rehearsals and sing-alongs through June to support the well- being of our members. Stephen Futrell, Artistic Director, immediately began implementing strategies with Cantari that would be necessary to produce virtual recordings. The virtual recording of "Don't Be Afraid" (Allyson Reigh, arr J. McMillan, Shoko Abe, piano, Stephen A. Futrell, solo) produced by Cantari last Spring is in final video editing. Copy and paste this address into your browser to access the final audio track: https://soundcloud.com/elon-choral- activities/dba-cantari-2020-mix2/sps36KbRGNCA as an exemplar of the quality of the virtual recordings VOICES will offer in the current season. Singers join large choruses to sing together-not in isolation. By the end of June, the number of singers at remote rehearsals via Zoom had dwindled from 155 to about 60. The Fall 2020 session currently has 73 members, as anticipated, but the majority of prior members state they will return when in-person rehearsals resume. The attached file: "Budget Illustration_2020_0930.docx" tracks VOICES assets, final INC/EXP reconciliation for FY20 and provides two scenarios for FY21: The current APPROVED budget ($53,700) assumes VOICES will work virtually the entire season. A CONTINGENT budget ($72,000) supports virtual recordings in the Fall and a joint Voices/Cantari concert in May, given that permission for large gatherings is announced by February. VOICES board made the decision to merge Cantari singers with Voices singers to produce 4-5 virtual recordings per semester. The Approved FY21 budget includes a 25% cut in the salary of our contracted Artistic Director, Stephen Futrell, DMA, and our accompanist, based on fewer rehearsal hours required as Cantari is not rehearsing separately. This budget also includes specific equipment and technician costs needed to support remote rehearsals, recordings of small groups and individuals, and audio/video editing to produce the virtual recordings. VOICES goal in the Fall of 2020 is to produce five "Songs of Hope and Thanksgiving" to stream to the community locally and at large via YouTube. What is your -14454 organization's estimated financial loss to date as a result of COVID-19 (dollar amount): DocuSign Envelope ID:7892AA9B-8D55-444D-ACF5-4C871E67EC75 What amount are 5000 you requesting? If granted, how will VOICES will use any awarded funds to support the salaries of our you use the funds? Director, Accompanist, and the student technician who will work on the editing of music files. Have you received No. Our "employees" are independent contractors. Therefore, we did or applied for any not qualify for salary support via the PPP loans created by the other emergency CARES Act. funding, either through the CARES Act, NEA, or any other emergency relief fund? Please explain. Does your VOICES operating budgets typically average $80,000 +/- 7,000. As a organization have mature organization, our fiscal goals are to begin each season with cash reserves? If so, about six months of operating funds (—$40,000) and to grow our please explain your limited endowment incrementally to at least $100,000 to ensure decision to use or financial stability. As of 8/1/2020 (the start of our FY21) VOICES' not use these unrestricted operating funds were only $20,682 with half the usual reserves as a result membership registered (as anticipated) in the attached budget). Of of COVID-related the $62,749 in semi-restricted endowment funds the Board, in 1/2020, losses. had committed $5,000 for a new choral commission for our 40th anniversary celebration in 2021. An additional $5,000 was to be paid to the composer from this fiscal year's operating receipts. VOICES will use those hard-earned endowment funds, beyond the composer's contract only in the event that other sources of income fail this year. For example, membership numbers impact dues income, member donations, and sales of products (fund raisers). The limitation to hold only virtual "concerts' on our YouTube channel means that ticket sales will not occur. Normally $24,000 annually, this year's budget projects $7,000 from voluntary donations from listeners. The lack of in-person concerts means that no program will be printed, thus, no advertising revenue will be realized (approximately $4,000). The FY21 Approved Budget, appended below, has been cut to $53,681 in expenses, with perhaps only $1500 in flexible expenditures. If income does not meet the assumptions on which this budget is built, VOICES stands to lose much of its endowment funds. Please upload your organization's most recent Form 990 or most recent year-end financial statement. Budget_Illustration_2020_0930.docx How else may we You are doing about all one could expect and it is appreciated. help you right now?