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HomeMy WebLinkAbout2020-874-E Arts Commission - Art Therapy Institute of NC arts grant DocuSign Envelope ID:45C10885-A71D-4B4F-91B3-E01ADC379354 WM uORANGE 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 Art Therapy Institute of NC ("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:45C10885-A71D-4B4F-91B3-E01ADC379354 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:45C10885-A71D-4B4F-91B3-E01ADC379354 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:45C10885-A71D-4B4F-91B3-E01ADC379354 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:45C10885-A71D-4B4F-91B3-E01ADC379354 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. r Ybehalfof the Grant Recipient � �vm�t,V' v'—SM& 11/3/2020 Bridget Pemberton-Smith, Executive Director Date E&6=t- ogMgegg: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:45C10885-A71D-4B4F-9lB3-E01ADC379354 ORANGE COUNTY—DEPARTMENT USE ONLY Party/Vendor Name: Art Therapy Institute of NC Party/Vendor Contact Person: Bridget Pemberton-Smith Contact Phone: 919-605-2081 Party/Vendor Address: 200 N Greensboro St. City Carrboro State: NC Zip: 27510 Department: Cnty Mn gr Amount: 5,000 Purpose: 2020 Operations Support Grant Budget Code(s): 37601020- 683010 Vendor # 63288 (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: Docu Signed by: Department Director's Signature firms 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: 9USa b 11/3/2020 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: 11/3/2020 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:45C10885-A71D-4B4F-91B3-E01ADC379354 Orange County Arts Commission Powered by Submittable [� Applicant Art Therapy Institute of NC 10/02/2020 Organization Bridget Pemberton-Smith Operations id. 17759986 Support Grant 200 North Greensboro St. Suite D-6 Carrboro, North Carolina 27510 United States 9193816068 bridgetpemsmith@gmail.com Original application 10/02/2020 Organization physical 200 North Greensboro St. address: Street Organization physical Carrboro address: City Organization physical 27510 address: Zip Code Organization's Orange County Contact's First and Bridget Pemberton-Smith Last Name Contact's Executive Director Relationship to Organization Contact's Phone 9196052081 Number Contact's Email bpemberton-smith@ncati.org Address Organization www.ncati.org Website Organization's To advance the well-being and mental health of diverse North Mission Statement: Carolinians through accessible, strengths-based, culturally responsive art therapy; to further support our communities through local events and professional development opportunities; to contribute to and uphold research, theory, and practice of the creative arts therapies. DocuSign Envelope ID:45C10885-A71D-4B4F-91B3-E01ADC379354 How many years 12 have you been in operation? Who do you serve? The Art Therapy Institute's (ATI) two largest programs are the Newcomer Art Therapy Program (NATP) and the Exceptional Children's Program (ECP). NATP serves 350+ Triangle and Triad area immigrant and refugee children and adults from more than 30 countries. Through the NATP, newcomers are provided accessible, arts-based mental health services. The NATP helps clients express and process complex trauma, build confidence levels, learn social skills, and acquire acculturation practices. Through the Exceptional Children's Program, ATI clinicians provide art therapy services to 100+ children (K-12) with intellectual and physical disabilities in the Chapel Hill Carrboro City Schools. ATI clinicians use art-making to help clients identify and accept their emotions, increase their ability to communicate in a group atmosphere, and develop a sense of assurance that positively impacts their educational and vocational pursuits. In addition, ATI's Arts and Peer Support Group is a free, weekly Carrboro-based group serving adults living with severe and persistent mental illness. Using the expressive arts, group members learn to celebrate themselves as artists and integral community members rather than as stigmatized people, continually challenging the stigma that shapes our public conversation about mental illness. ATI also collaborates with many other agencies in the area, bringing art therapy to people where they are. ATI clients range in age from 3-100 years, the majority (781/6) of which are ages 3-24. ATI clients come from more than 30 countries. ATI works with Asian/Pacific Islanders (20°/a), Black/African Americans (171/6), Hispanic Latinix people (291/6), White/Caucasians (201/6) as well as refugees and immigrants identifying from other backgrounds (141/6). ATI clientele are evenly divided between male and female- identifying clients, with several clients identifying as transgender or genderqueer/gender non-binary. Eighty percent of ATI's clients are considered low income or live at or below the poverty line. Currently, how many 4 full-time staff members does your organization employ? Currently, how many 5 part-time staff members does your organization employ? DocuSign Envelope ID:45C10885-A71D-4B4F-91B3-E01ADC379354 Do you occupy The Art Therapy Institute rents two office spaces. The space at Carr physical space? Mill Mall is ATI's clinical office where therapists see individual clients, hold groups including staff and intern clinical supervision, exhibit art shows during the 2nd Friday Artwalk in Chapel Hill/Carrboro, and offer educational workshops to the community. ATI clinical files are stored in this office. The second space is at Youthworx, a youth-serving nonprofit collaborative based in Carrboro with the vision of bringing youth- focused nonprofits together to sustain and more effectively impact our community's youth. This location serves as ATI's administrative office. At Youthworx, ATI holds staff meetings and collaborates with other nonprofits. Youthworx houses ATI's administrative files and is home base for ATI's executive director. In an effort to keep clients safe during the C010I13-19 pandemic, both offices are underused at present. ATI has moved all of its services online. However, the Youthworx office currently serves as a staging area for art supply distribution. Because of the pandemic, ATI is sending kits of art supplies to each of its young clients to use throughout the school year in their art therapy sessions and groups. Accomplishing this task is a large undertaking so it is helpful to have a space to stage this process. DocuSign Envelope ID:45C10885-A71D-4B4F-91B3-E01ADC379354 Describe the impact Acting fast, ATI has been able to move most of its services online. At of COVID-19 on your the onset of the pandemic, ATI clinicians began seeing some organization including individual clients online almost immediately. Most of ATI's groups, financial loss and however, were put on hold with the exception of the Arts and Peer staff/operating Support Group. During the spring and over the summer, ATI hosted changes: many online selfcare workshops as well as therapeutic art classes. This helped clinicians develop the best ways to host groups online. As the school year began, ATI reached out to contracted schools and began to offer online art therapy groups to students. ATI board, staff and clinicians are in the process of fine tuning logistics to reach clients as successfully as possible. While ATI has been been able to continue conducting business during the pandemic, a significant amount of income has been lost. Not being able to complete school contracts in the spring caused a loss of approximately $25,000. ATI did its best to create work for all contract therapists and was able to keep all salaried employees with the help of the paycheck protection program. ATI depends on its contract therapists to make money. ATI's revenue from contract therapists is down $11,000. Actively searching for new clinicians, finding licensed clinicians and ensuring they complete the rigid credentialing process requires a great deal of time. Fortunately, ATI's four interns will be able to help cover some of the caseload. Unfortunately they can not bill for individual sessions or groups. Along with a reduction in income, ATI is incurring additional expenses due to the pandemic. Normally, when ATI sees clients in person, art supplies can be shared in groups and clinicians can use the same set of supplies with several individual clients. This year, ATI needs to provide a set of art supplies to each of 400+ clients. This is easily tripling the materials budget. ATI has also had to invest in online platforms which enable clinicians to maintain HIPAA compliance as they work online. These platforms include an a-fax service, an e-signature service and several video conferencing services. None of these functions have been budgeted. It has become necessary to hire IT specialists who help organizations develop an online presence which is HIPAA compliant. ATI plans to use a local firm for that work. These additional expenses will cost ATI approximately $20,000. What is your 36000 organization's estimated financial loss to date as a result of COVID-19 (dollar amount): What amount are 5000 you requesting? DocuSign Envelope ID:45C10885-A71D-4B4F-91B3-E01ADC379354 If granted, how will ATI plans to use the funds for individual client art supplies as well as you use the funds? technology needs related to COVID-19. These expenses have occurred during the pandemic and were not anticipated. ATI hopes to work at full capacity very soon. One challenge is coordinating with the school systems' information technology to ensure ATI programs work well online. This involves creating online versions of all intake paperwork and permission forms, creating and distributing individual kits of art supplies, coordinating with teachers and social workers, and training ATI staff to use the new online services needed to comply with HIPPA regulations. All of this additional work means that beginning therapy in the schools is taking longer than normal. Once everything is in place, however, ATI plans to bring in revenue comparable to other years. At this point, ATI is aggressively fundraising and writing grants to help cover the unexpected expenses incurred during the pandemic. In the event ATI is able to raise money through other grants and fundraising efforts to cover those costs, ATI will use any funds received from the Operational Support Grant Fund to provide art therapy services to more individuals who do not have insurance or Medicaid. The pandemic has had devasting effects on mental health. Rates of depression, anxiety and suicide ideation are on the rise. ATI's goal is to provide free or affordable mental health services to all who wish to access ATI's services. The Orange County Arts Commission and the Board of Commissioners can rest assured that any money received through this grant program will go to serve people in need in Orange County. Have you received ATI received a paycheck protection program loan for $45,508. ATI or applied for any anticipates being able to convert the full amount to a grant. ATI also other emergency received a grant from Strowd Roses for $2000 and an OCAC COVID- funding, either 19 Relief Grant for $1500. through the CARES Act, NEA, or any ATI received an EIDL loan for $150,000. other emergency relief fund? Please explain. Does your ATI is keeping the $150,000 EIDL loan in reserve, hoping to repay it organization have without having to use it. As a nonprofit, ATI normally operates on a cash reserves? If so, very tight budget and taking on debt is something ATI's board of please explain your directors avoids. However, when ATI was offered an EIDL loan, it was decision to use or accepted as a "safety net." No one knows how this pandemic will not use these unfold. While ATI is hopeful that business will continue and grow, ATI reserves as a result also recognizes that circumstances can change quickly. of COVID-related losses. Please upload your organization's most recent Form 990 or most recent year-end financial statement. ATI_Form990_final_complete.pdf DocuSign Envelope ID:45C10885-A71D-4B4F-91B3-E01ADC379354 How else may we Please spread the word about the Art Therapy Institute's services. So help you right now? many people are struggling with their mental health during this pandemic and we want them to know that there is help available. Anyone can go to our website (www.ncati.org) and fill out a form to receive services. A good way to spread the word about our work is to follow us on social media. On Facebook, you can find us at https://facebook.com/ArtTherapylnstituteNC/ and on Instagram you can find us at https://www.instagram.com/atiofnc. Thank you from the bottom of our hearts for all you are doing to support arts organizations during this pandemic!