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HomeMy WebLinkAbout2020-873-E Arts Commission - The Arts Center arts grant DocuSign Envelope ID:0B8A8B61-1417-44D9-9C3A-2C75D1 A48A1 0 WON uor 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 The ArtsCenter("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 five thousand dollars ($5,000) 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:OB8A8B61-1417-44D9-9C3A-2C75D1A48A10 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 $5,000 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:OB8A8B61-1417-44D9-9C3A-2C75D1A48A10 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:OB8A8B61-1417-44D9-9C3A-2C75D1A48A10 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:OB8A8B61-1417-44D9-9C3A-2C75D1A48A10 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. FF 19r9 XA,behalf of the Grant Recipient ��tt "tr 11/3/2020 Dan Mayer, Executive Director Date Forog§j#egg:behatf of Orange County Government bbVIWt, t� MKALY bj 11/5/2020 os;37ss4e755F Bonnie Hammersley, County Manager Date 5 Revised October 2020 DocuSign Envelope ID:OB8A8B61-1417-44D9-9C3A-2C75D1A48A10 ORANGE COUNTY-DEPARTMENT USE ONLY Party/Vendor Name: The ArtsCenter Party/Vendor Contact Person: Dan Mayer Contact Phone: 984-500-4519 Party/Vendor Address: 300-G East Main St City Carrboro State: NC Zip: 2710 Department: Amount: 5,000 Purpose: 2020 Operations Support Grant Budget Code(s): 37601020-683010 Vendor# 5383 (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❑Nor-1 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 A4Date: 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: ,,„ ,,,, 0 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: -,1,��3/20 0 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:OB8A8B61-1417-44D9-9C3A-2C75D1A48A10 Orange County Arts Commission Powered by Submittable [� Applicant The ArtsCenter 10/02/2020 Organization by Fleming Samuels Operations Support Grant id. 17765122 300-G East Main Street Carrboro, North Carolina 27510 North Carolina United States 9845004522 fsamuels@artscenterlive.org Original application 10/02/2020 Organization physical 300-G East Main Street address: Street Organization physical Carrboro address: City Organization physical 27510 address: Zip Code Organization's North Carolina County Contact's First and Fleming Samuels Last Name Contact's Development Director Relationship to Organization Contact's Phone 9845004519 Number Contact's Email fsamuels@artscenterlive.org Address Organization www.artscenterlive.org Website Organization's The ArtsCenter exists in order to educate and inspire artistic Mission Statement: creativity and to enrich the lives of people of all ages. The vision of The ArtsCenter is to create an educational environment that provides opportunities, inspiration and tools to people of all ages and skill levels to participate in the arts. DocuSign Envelope ID:OB8A8B61-1417-44D9-9C3A-2C75D1A48A10 How many years 39 have you been in operation? Who do you serve? Mostly Orange County residents, but we have had visitors from Raleigh, Durham, Burlington, and Greensboro come to attend our workshops and live performances. Currently, how many 6 full-time staff members does your organization employ? Currently, how many 2 part-time staff members does your organization employ? Do you occupy Yes, we own our space at 300 East Main. It is used for camps, physical space? classrooms, afterschool arts education, live musical performances, theater produced in house and with partners and administration of programming. DocuSign Envelope ID:OB8A8B61-1417-44D9-9C3A-2C75D1A48A10 Describe the impact With every challenge comes an opportunity. The initial shock of of COVID-19 on your cancelling schools and camps made way for creative programming organization including from some of our talented teaching partners. Ceramics teachers are financial loss and offering online mindful hand building classes. Watercolor teachers staff/operating are still working online with their students and online digital changes: photography has been well received by our new online student body. We are offered three weeks of online camps for our younger campers and we offered six weeks of in person camps this summer. When schools were cancelled, we lost our entire afterschool program and had to lay off all the part time teaching artists and administrative staff related to that program. The ArtsCenter will continue to respond to the needs of our community. We are offering online hip hop dance, improv, and swing dance classes as restrictions and infection rates are lowered and we have opened limited painting classes with smaller enrollment to allow for proper social distancing. We have opened our ceramics studio for artists to come fire and glaze the work they have created while they were at home. As each month gives us new opportunities to create meaningful moments at home and in person we have expanded our course catalog here to respond to the needs of families who need engaging creative classes so they may work or take time for their own self-care while the children are occupied. (https://artscenterilve.org/performances/category/classes/). The limitations on class size and audiences who are willing to take remote classes has affected our teaching artists because we are not hiring them for as many classes to produce their regular income. We also have not been able to hire teaching artists who work in our Title I outreach schools with our Artist in Residence programs. The ArtsCenter is a performance venue and we were proud to offer free webcasts of a live scoring to Buster Keaton films by Tim Carliss. With this success we plan on offering more as we navigate this new way to reach our audiences. With no in-person school for children this fall we are developing pivots for this programming and lost performance revenue as we speak. Unfortunately, with no live performances since January (we had to close our performances in February), we had to let our house managers and our Performance Manager go. At this point we are still working to help fill the creative needs of our community. In order to maintain the building we have to cut costs. Many of our staff are working at reduced wages to offset the loss in revenue from camps, ArtSchool and Afterschool Arts Immersion programs. DocuSign Envelope ID:OB8A8B61-1417-44D9-9C3A-2C75D1A48A10 What is your 350000 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 would use these funds to offset the unexpected new expenses you use the funds? we have incurred to create revenue outside our building. The marketing and emailing of our patrons has increased our expenses with our email newsletter service mailchimp. Our Facebook advertising costs have increased as we are tryin to reach more people outside the Orange County area to try our online classes. We have increased our technology expenses with Zoom leases to allow teachers to use them at no cost. Another increased expense at the cost of reduced revenue has been the increase expenses from our cleaning company who now cleans more often to conform to guidelines. Have you received We received a PPP loan of $103,000 / EIDL loan $99,500 / NCAC or applied for any support from CARES ACT grant $7,500. other emergency funding, either through the CARES Act, NEA, or any other emergency relief fund? Please explain. Does your We have a cash reserve of $325,00, this includes money from our organization have capital campaign fund that supplement our operating expenses. We cash reserves? If so, are using our operating reserves from our annual fundraising and please explain your revenue but with a $1.5M dollar budget, our reserve will not last very decision to use or long and we are working to cut expenses and raise extraordinary not use these funds to stretch our reserve for as long as possible. reserves as a result of COVID-related losses. Please upload your organization's most recent Form 990 or most recent year-end financial statement. 9902018.pdf How else may we I think helping to promote our online classes and recruit teaching help you right now? artists who are willing to work online or offer in person classes to small groups as single day workshops would be a huge help.