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HomeMy WebLinkAbout2020-878-E Arts Commission - NC Arts in Action arts grant DocuSign Envelope ID:3BA16669-C244-4393-BE1 B-462811 138EBF9 i ORANGE COUNTY ARTS COMMISSION 1P R A w 6 r r u u r:r r ARTS 2020-21 GRANT AGREEMENT t4mul-allaN 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 NC Arts in Action ("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:3BA16669-C244-4393-BE1B-462811B8EBF9 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:3BA16669-C244-4393-BE1B-462811B8EBF9 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:3BA16669-C244-4393-BE1B-462811B8EBF9 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:3BA16669-C244-4393-BE1B-462811B8EBF9 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. 7-9B4G56FA8G66439 #r9 XA,behalf of the Grant Recipient GU�bI�tV�t,S 11/3/2020 Marlon Torres, Executive Director Date Forog§j#egg:behalf of Orange County Government f j6VI lt, t� MKALY bj 11/5/2020 os;37ss4e755F Bonnie Hammersley, County Manager Date 5 Revised October 2020 DocuSign Envelope ID:3BA16669-C244-4393-BE1B-462811B8EBF9 ORANGE COUNTY-DEPARTMENT USE ONLY Party/Vendor Name: NC Arts in Action Party/Vendor Contact Person: Marlon Torres Contact Phone: 919-818- 7234 Party/Vendor Address: 103 W Weaver St. Ste E City Carrboro State: NC Zip: 27510 Department: Cnty Mngr Amount: 5,000 Purpose: 2020 Operations Support Grant Budget Code(s): 37601020-683010 Vendor # 55892 (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:3BA16669-C244-4393-BE1B-462811B8EBF9 Orange County Arts Commission Powered by Submittable [� Applicant North Carol i na Arts i n Acti on, 09/21/2020 Organization Inc. id. 17635154 by Disha Dewan ,,, Operations Support Grant 103 W Weaver St Suite E Carrboro, North Carolina 27510 United States 9198187234 disha@ncartsinaction.org Original application 09/21/2020 Organization physical 103 W Weaver ST STE E address: Street Organization physical Carrboro address: City Organization physical 27510 address: Zip Code Organization's NC County Contact's First and Disha Dewan Last Name Contact's Development Director Relationship to Organization Contact's Phone 9198187234 Number Contact's Email disha@ncartsinaction.org Address Organization www.ncartsinaction.org Website Organization's North Carolina Arts in Action teaches life skills to children through Mission Statement: dance and music. How many years 15 have you been in operation? DocuSign Envelope ID:3BA16669-C244-4393-BE1B-462811B8EBF9 Who do you serve? North Carolina Arts in Action is an inclusive in-school program that serves 14 schools across Wake, Durham, Chapel Hill, and Chatham counties. We teach fourth grade students life skills through dance and music. Many of our schools are Title 1 schools with the majority of our students receiving free and reduced lunches. Roughly 60+%of our students are economically disadvantaged and cannot afford afterschool opportunities in the arts. In 2019-2020, we directly served 1350 students. We serve a diverse population of students and encourage every child to participate in our program regardless of socio-economic status or abilities. Currently, how many 5 full-time staff members does your organization employ? Currently, how many 1 part-time staff members does your organization employ? Do you occupy Yes, we rent an office space in Carrboro. We also rent a separate physical space? dance studio space to hold our Saturday dance classes for our LEAP dancers. This year, we are holding those classes at public parks, which we rent, and through zoom. Describe the impact As an in-school program, NC Arts in Action's residencies are of COVID-19 on your designed to empower and inspire students organization including through dance and live music, in person, once a week over 16 financial loss and weeks. Since our partner schools are staff/operating currently only providing instruction virtually to their students, school changes: district funding for outside groups like NC Arts in Action is on hold. This is a revenue loss in school fees of $85,000 that our organization is now planning to operate without. We are also estimating a lower level of individual and corporate sponsorships due to our programming and fundraising Gala being held virtually. We are continuing our donor stewardship and deepening our relationships with our current funders as we navigate this uncertain time, as well as making strategic cuts to our budget to ensure we have a successful year. The adjustments we are making to our budget include reducing the number of contract artists and musicians, as well as the hours our Development Director is working. Our Executive Director has also taken on additional administrative and programmatic duties, and we have made cuts to expenses in marketing, office supplies, and costume expenses. What is your 85000 organization's estimated financial loss to date as a result of COVID-19 (dollar amount): DocuSign Envelope ID:3BA16669-C244-4393-BE1B-462811B8EBF9 What amount are 5000 you requesting? If granted, how will Beginning in October, NC AIA will be providing online instruction to you use the funds? Rashkis Elementary as well as two of our Durham partner schools. We are also gearing up to launch socially-distanced outdoor Pop-Up community classes, and hybrid classes for our Saturday LEAP program. The grant funds provided by the Orange County Arts Commission will go towards salaries for our employees and teaching artists, so we can remain operational and continue to reach as many children as we can this year. Our goal is the retention of our highly trained staff and full-time teaching artists, so we can be ready to ramp up once schools return to in-person instruction. We will also use these funds to leverage additional grant opportunities and engage with our donors. Have you received We received a Paycheck Protection Program (PPP) grant during our or applied for any last fiscal year to cover the salaries of our teaching artists and staff. other emergency funding, either through the CARES Act, NEA, or any other emergency relief fund? Please explain. Does your In this unusual year, we are estimating a budget deficit of $29,000, organization have which we plan to make up with any new funding we can secure and cash reserves? If so, use reserves to cover the gap. As a fiscally responsible organization, please explain your our plan is to use a portion of our reserves in emergency cases such decision to use or as the one we are currently in due to this pandemic, but work not use these diligently to replace whatever we use as soon as possible. Receiving reserves as a result relief funding at this time will help us ensure our operations can of COVID-related continue and also assist us in closing the deficit gap without dipping losses. further into our reserves. Please upload your organization's most recent Form 990 or most recent year-end financial statement. NCAIA Form_990_2018_1.pdf How else may we help you right now?