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HomeMy WebLinkAbout2020-877-E Arts Commission - Hillsborough Arts Council arts grant DocuSign Envelope ID:E3197C98-B803-4163-8C1B-5202B27318E8 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 Hillsborough Arts Council ("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 four thousand dollars ($4,000) 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: E3197C98-B803-4163-8C1B-5202B27318E8 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 $4,000 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: E3197C98-B803-4163-8C1B-5202B27318E8 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: E3197C98-B803-4163-8C1B-5202B27318E8 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: E3197C98-B803-4163-8C1B-5202B27318E8 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#g4ng.qYbehalf of the Grant Recipient ksut- 11/3/2020 E.. Torey Mishoe, Executive Director Date For og§j#egg:behatf of Orange County Government EbE0637994B755F bin,W(, t� MKALY bj 11/5/2020 Bonnie Hammersley, County Manager Date 5 Revised October 2020 DocuSign Envelope ID: E3197C98-B803-4163-8C1B-5202B27318E8 ORANGE COUNTY-DEPARTMENT USE ONLY Party/Vendor Name: Hillsborough Arts Council Party/Vendor Contact Person: Torey Mishoe Contact Phone: 919-643-2500 Party/Vendor Address: 102 N Churton St.City Hillsborough State:NC Zip: 27278 Department: Cnty Mngr Amount: 4,000 Purpose: 2020 Operations Support Grant Budget Code(s): 37601020-683010 Vendor # 19946(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 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: E3197C98-B803-4163-8C1B-5202B27318E8 Orange County Arts Commission Powered by Submittable [� Applicant Hillsborough Arts Council 10/02/2020 Organization by Torey Mishoe in Operations Support Grant id. 17763492 102 N. Churton St. Hillsborough, North Carolina 27278 NC United States 9196432500 programs@hillsboroughartscouncil.org Original application 10/02/2020 Organization physical 102 N. Churton St. address: Street Organization physical Hillsborough address: City Organization physical 27278 address: Zip Code Organization's NC County Contact's First and Torey Mishoe Last Name Contact's Executive Director Relationship to Organization Contact's Phone 9196432500 Number Contact's Email director@hillsboroughartscouncil.org Address Organization www.hillsboroughartscouncii.org Website Organization's The mission of the Hillsborough Arts Council (HAC), a volunteer- Mission Statement: driven organization, is to enrich the community through the arts. HAC achieves this by: - fostering appreciation of the arts - engaging diverse audiences in events and programs - connecting artists, organizations, and audiences. DocuSign Envelope ID: E3197C98-B803-4163-8C1B-5202B27318E8 How many years 34 have you been in operation? Who do you serve? The mission of the Hillsborough Arts Council (HAC), a volunteer- driven organization, is to enrich the community through the arts. HAC achieves this by fostering appreciation of the arts, engaging diverse audiences in events and programs, and connecting artists with audiences. HAC strives to fulfill its mission by directly serving a wide and diverse audience of residents and artists in Hillsborough and Northern Orange County. HAC collaborates with municipal and community organizations to reach residents, tourists and visitors, and find innovative ways to bring programming to at-risk and isolated communities. Each year, HAC's offers twelve programs that are designed to support and reinforce its mission of community enrichment through the arts. Nearly all programs are free to attend and open for public enjoyment and participation. Due to the pandemic, it is now far more difficult to fulfill HAC's mission to serve greater Orange County. However, HAC is an organization of artists, we like a creative challenge, and we now offer online programming that allows HAC to reach its audience and continue to support artists. Last Friday Summer Concerts and Paint it Orange are two programs that have moved online. In addition, new programs such as the HAC Writers Series and Mobile Community Stage will promote connectivity to the arts while maintaining required social distancing for artist and audience safety. HAC also introduced school-based programs across the Orange County School District to support online learning and arts programming in the newly formed arts curriculum. Currently, how many 1 full-time staff members does your organization employ? Currently, how many 1 part-time staff members does your organization employ? DocuSign Envelope ID: E3197C98-B803-4163-8C1B-5202B27318E8 Do you occupy The Hillsborough Arts Council occupies a retail location at 102 North physical space? Churton Street in downtown Hillsborough. The 1,100 square foot space serves multiple purposes for HAC. This venue functions primarily as the HAC Gift Shop which features handmade items and artwork from over fifty local and regional artists, artisans and craftspeople. Normally open year-round for shopping, the Gift Shop is a source of income for dozens of artists with its 70% commission rate, frequent receptions, and promotional events to encourage the sale of art work. The HAC location also includes a dedicated gallery where monthly art shows are held featuring solo or small group exhibitions of artwork by local fine artists. Exhibitions are held February through December with an opening reception during the Last Friday Art Walk. In addition to retail and exhibit spaces intended for sale of art and craft items, the HAC location serves for office functions, staff meetings, Board of Directors' (BOD) meetings, volunteer gatherings, and artist receptions. The Executive Director shares office space with HAC's bookkeeper and volunteers requiring office space. During the early months of the pandemic, the 102 North Churton Street space was closed to all staff and operations. The space has since reopened for two days per week to a limited number of shoppers. Staff and most volunteers continue to work remotely. DocuSign Envelope ID: E3197C98-B803-4163-8C1B-5202B27318E8 Describe the impact The COMD-19 pandemic has severely impacted most operational and of COVID-19 on your financial aspects of HAC including public programming, art shows, organization including and gift shop operations. While its physical space was closed in the financial loss and early months of the pandemic, HAC was successful in maintaining staff/operating staff and general operational functions remotely. Administrative changes: activities have continued during the pandemic with different priorities. The core administrative activities remain program management, volunteer management, and development -- but there is now a more intense focus on fundraising and public relations. Before 2020, HAC programming centered mainly on large gatherings and public events that are not considered safe in the COVID environment. The pandemic has forced cancellation of nearly all events with the exception of a few programs that were recreated online. Cancellations since March, 2020 include: Art in the Heart of Hillsborough Art Fair (April), Last Friday Art Walks (March — December), Last Friday Summer Concert Series (April — June), and the River Park Concert (October). HAC staff and volunteers developed scaled-back or online versions of the following programs to be presented in 2020: Last Fridays Summer Concert Series (July— September), Paint it Orange: Plein Air Paint Out (October), Solstice Lantern Walk (December). HAC's public programs are essential for fulfilling the organization's mission. These programs are critical for maintaining a steady stream of revenue from program-based grants, in-event donations, vendor fees, and revenue from sales of merchandise, food and drink. A state-wide mandate forced closure of the Gift Shop for more than four months. It is now open two days per week, down from the usual five days per week. The shortened hours have had a dramatic impact on HAC revenue as well as on the income of artists whose work is sold through the shop. HAC artists earn a 70%commission on all artwork sales and store closure meant a substantial loss for both parties. In an effort to increase sales, the HAC Gift Shop team started an online store to sell crafts and goods to local buyers for curb-side pickup. While the shop has seen some improvement in sales, the decline in revenue is substantial compared to last year. From March 15, to September 15, 2020 the total financial loss from Gift Shop sales and program revenue is $33,694 (the combined loss of $18,751 in fiscal year (FY) 2019-20 and $14,943 in FY 2020-21). The HAC staff and BOD are developing a structured plan to reduce or prevent additional losses and to determine financial thresholds for cutbacks, staffing changes, long-term Gift Shop closures and, if necessary, a reduction in frequency and scale of public programs. What is your 33694 organization's estimated financial loss to date as a result of COVID-19 (dollar amount): DocuSign Envelope ID: E3197C98-B803-4163-8C1B-5202B27318E8 What amount are 5000 you requesting? If granted, how will These funds will serve as support for operational costs and will help you use the funds? with recurring expenses such as payroll, rent, supplies, and utilities through 2020. The monthly cost of operations currently exceeds the revenue from programming, fundraising, and sales. Grant funds will help to cover expenses currently paid by withdrawals from the HAC reserve fund. HAC's largest monthly expenses are payroll and rent. These expenses are critical to the success of the organization. The full-time Executive Director position manages the administrative needs of the organization, oversees program committees, and leads fundraising efforts. These tasks require full-time attention and ongoing oversight to ensure long term sustainability. Program-related costs are flexible and have decreased since March 2020 due to cancellations and virtual programming. Unfortunately, these cutbacks also result in a loss of program revenue. Grant funds are critically needed to support overall operations of the organization. Have you received HAC received Paycheck Protection Program funds via the CARES or applied for any Act in June, 2020 for $10,622. These funds allowed for the continued other emergency full-time employment of the Executive Director and part-time funding, either employment of the HAC Bookkeeper. through the CARES Act, NEA, or any other emergency relief fund? Please explain. Does your The Hillsborough Arts Council has reserves in the form of cash and organization have donated equities. The donors of the equities have requested that the cash reserves? If so, equities should be held in reserve unless the HAC encounters a please explain your crisis whereby it cannot meet its financial obligations as a decision to use or community-based non-profit and would reach a point of insolvency. not use these The HAC does not maintain a cash reserve beyond that which is reserves as a result required to meet normal operating costs for three months. At this of COVID-related point, the Council's operating cash reserves are nearly depleted and, losses. depending on donations and online sales, may not be sufficient to sustain HAC's operations beyond December, 2020. Please upload your organization's most recent Form 990 or most recent year-end financial statement. 990_2019.pdf How else may we Thank you for the wonderful support you have offered to both artists help you right now? and organizations during this challenging time. We are so lucky to have such a dedicated county leader for the arts!