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HomeMy WebLinkAbout2020-876-E Arts Commission - Music Maker Relief Foundation arts grant r DocuSign Envelope ID:CD010BEB-F7AA-4DCE-B7AF-45D7F9E62FEC r 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 Music Maker Relief 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 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 Modifications toproject. 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:CD010BEB-F7AA-4DCE-B7AF-45D7F9E62FEC 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:CD010BEB-F7AA-4DCE-B7AF-45D7F9E62FEC 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:CD010BEB-F7AA-4DCE-B7AF-45D7F9E62FEC 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 11A and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] 4 Revised October 2020 DocuSign Envelope ID:CD010BEB-F7AA-4DCE-B7AF-45D7F9E62FEC 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�rWngjg„behalf of the Grant Recipient st, Vim, 11/3/2020 Denise Duffy, Managing Director Ebb=( 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:CD010BEB-F7AA-4DCE-B7AF-45D7F9E62FEC ORANGE COUNTY-DEPARTMENT USE ONLY Party/Vendor Name: Music Maker Relief Foundation Party/Vendor Contact Person: Denise Duffy Contact Phone: 919-643-2456 Party/Vendor Address: 224 W Corbin St. City Hillsborough State: NC Zip: 27278 Department: Amount: 5,000 Purpose: 2020 Operations Support Grant Budget Code(s): 37601020-683010 Vendor # 57180 (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: ,,„ ,,,, 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:CD010BEB-F7AA-4DCE-B7AF-45D7F9E62FEC Orange County Arts Commission Powered by Submittable [� Applicant Music Maker Relief Foundation 10/01/2020 Organization by Mollie O'Reilly in Operations Support Grant id. 17748426 224 W. Corbin Street Hillsborough, North Carolina 27278 United States 9196432456 mollie@musicmaker.org Original application 10/01/2020 Organization physical 224 W. Corbin Street address: Street Organization physical Hillsborough address: City Organization physical 27278 address: Zip Code Organization's Orange County Contact's First and Mollie O'Reilly Last Name Contact's Advancement Coordinator Relationship to Organization Contact's Phone 9196432456 Number Contact's Email mollie@musicmaker.org Address Organization www.musicmaker.org Website DocuSign Envelope ID:CD010BEB-F7AA-4DCE-B7AF-45D7F9E62FEC Organization's Since 1994, Music Maker Relief Foundation has worked to preserve Mission Statement: traditional Southern roots music by directly supporting and presenting the artists who make it, ensuring their voices will not be silenced by poverty and time. Music Maker identifies and serves artists who are vital links in our musical heritage, and whose music communicates part of an important story, seeking to sustain their legacies beyond their lives so that their cultural knowledge and artistic gifts will remain available to generations to come. Music Maker concentrates on the musical traditions of the South, including blues, gospel, string band, and Native American traditions. We strive to bring diverse audiences together to celebrate our shared cultural heritage in order to improve their sense of self, community, and serve as a catalyst for social progress. How many years 26 have you been in operation? Who do you serve? Music Maker's Partner Artists are senior roots musicians practicing the vibrant genres of blues, gospel, folk, and Native American music. The majority (over 851/6) of the artists we work with are African- American, over age 55, and raised in the rural South. We focus our efforts on these artists because there is real danger that their cultural contributions will be lost to our society if they are not supported and documented now. Music Maker emphasizes long-term relationships and individualized plans that meet musicians' specific needs and abilities—this includes everything from social services to booking performances. Since its founding, Music Maker has made over 13,000 financial grants to 500+ artists, and helped its partners secure more than 8,000 engagements in 32 countries. Throughout Music Maker's 26 years of preserving the musical traditions of the South, we have documented and presented the South's cultural history to the world. Our public programming builds audiences for traditional music by presenting artists at venues across the South, the US, and abroad. Programming in Orange County includes free events such as our annual Freight Train Blues concert series, Day of Remembrance at Margaret Lane Cemetery, annual Picnic in the Park performances with the Hillsborough Historic Alliance, and more. While we cannot currently present to live audiences in Orange County, we have produced virtual performances that will be streamed in Orange County and beyond. Our efforts to document these traditions are also preserved in recordings and photographs at the Southern Folklife Collection at UNC Chapel Hill. With four touring multi-media exhibits, MMRF shines a light on under- represented artists and once again brings Southern musical heritage to the world. These exhibits have been installed in 50 museums and cultural institutions across the US since 2014. DocuSign Envelope ID:CD010BEB-F7AA-4DCE-B7AF-45D7F9E62FEC Currently, how many 5 full-time staff members does your organization employ? Currently, how many 2 part-time staff members does your organization employ? Do you occupy Music Maker owns one office building in Hillsborough, NC which physical space? serves as our program and administrative center. The property is owned by Music Maker and we have a mortgage of $1,550 per month. We also own a small building in Fountain, NC that is used as studio space for the artists we work with in the eastern part of the state. DocuSign Envelope ID:CD010BEB-F7AA-4DCE-B7AF-45D7F9E62FEC Describe the impact Nearly all of our public performances (nearly $200,000 in revenue) of COVID-19 on your have been canceled for 2020. Our performance and exhibit bookings organization including account for approximately 30%of our yearly income. We expect a financial loss and 75% decrease in this income over the next 12 months. The staff/operating pandemic's impact on the economy has also been immense, leaving changes: Music Maker in a financially precarious place given that approximately 70% of our annual budget comes from charitable donations. At the heart of this impact is the livelihood and wellbeing of our musicians. The unfortunate reality is that most of the musicians we serve live on incomes less than $12,000 each year. They routinely face spending trade-offs such as utilities, medical costs, housing, and nutrition. This already vulnerable population faces especially troubling times amid the COVID-19 outbreak. The Centers for Disease Control and Prevention (CDC) identifies the following populations as high-risk for serious illness from this disease: older adults and those with chronic conditions such as heart disease, diabetes, and respiratory disease. All of our Partner Artists check one or more of those boxes. Not only is the aging population we work with particularly susceptible health- wise, but they are also threatened economically. For someone who makes their living playing to crowds at music festivals and in concert halls, missing a single gig can have a devastating impact on their finances for the month. Unfortunately, as a working musician, there is often little in the way of retirement savings or a safety net to carry you through uncertain times. Staff time that would be spent on planning live events is now devoted to implementing social distanced programming and providing additional relief services to artists. Artist Support Specialist, Christelle Ndong, MSW, and volunteers under her supervision, formed a COVID-19 Care Team to support out Partner Artists during the pandemic. In response to artists' changing needs, we increased the number of musicians we serve with financial assistance by more than 80%since March, as well as the frequency with which we distribute aid. Ms. Ndong remains in constant contact with our roster of artists to assess their unique situations and address their immediate needs. Overall, we forecast revenue reduction of at least 30% due to a 75% drop in performance revenue and an anticipated drop of 20-30% in private contributions. We are working hard to make up for those losses through grant funding and charitable giving by high net-worth individuals who may still have the capacity to give despite the predicted depressed economy. DocuSign Envelope ID:CD010BEB-F7AA-4DCE-B7AF-45D7F9E62FEC What is your 200000 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 Our immediate financial need is salary support for our staff. Like you use the funds? most nonprofits, staffing is our single largest expense. We have trimmed one full time from our staff since the start of the pandemic, however, if we cut our staff more than this, it will seriously impede our ability to supply services to artists during a time when they need our support more than ever. Have you received Paycheck Protection Program - $88,700 loan or applied for any NC Arts Council CARES Act Stimulus Fund — $5,000 grant other emergency South Arts Sustainability Grant - $20,000 grant funding, either NEA CARES Act - declined through the CARES NC Humanities Council CARES Act - declined Act, NEA, or any other emergency relief fund? Please explain. Does your Music Maker does have a cash reserve of approximately four months organization have operating expenses. We will use these funds to help manage cash cash reserves? If so, flow as long as they hold out during this pandemic. 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. FY18_19_990.pdf How else may we Thank you for this opportunity! help you right now?