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HomeMy WebLinkAbout2020-880-E Arts Commission - Hidden Voices arts grant DocuSign Envelope ID:08D0248F-805E-457D-A5AE-255A3B862Dl7 i 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 Hidden Voices ("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 three thousand dollars ($3,000) 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:08D0248F-805E-457D-A5AE-255A3B862Dl7 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 $3,000 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:08D0248F-805E-457D-A5AE-255A3B862Dl7 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:08D0248F-805E-457D-A5AE-255A3B862Dl7 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:08D0248F-805E-457D-A5AE-255A3B862Dl7 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�rng Ybehalf of the Grant Recipient J �d. warm 11/5/2020 92s4B4 Lynden Harris, Director Date Ebb=t- ogMgegg:behalf of Orange County Government l�a�M►Mt VS 11/6/2020 Bonnie Hammersley, County Manager Date 5 Revised October 2020 DocuSign Envelope ID:08D0248F-805E-457D-A5AE-255A3B862Dl7 ORANGE COUNTY-DEPARTMENT USE ONLY Party/Vendor Name: Hidden Voices Party/Vendor Contact Person: Lynden Harris Contact Phone: 919-259-5527 Party/Vendor Address: 9602 Art Rd City Cedar Grove State: NC Zip: 27231 Department: Caty Mna Amount: 3,000 Purpose: 2020 Operations Support Grant Budget Code(s): 37601020-683010 Vendor# 53822 (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: ,1_, 5/io20 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,��6/20 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:08D0248F-805E-457D-A5AE-255A3B862Dl7 Orange County Arts Commission Powered by Submittable [� Applicant Hidden Voices 10/01/2020 Organization by Lynden Harris in Operations Support Grant id. 17746247 9602 Art Road Cedar Grove, North Carolina 27231 United States 9192595527 Iharris@hiddenvoices.org Original application 10/01/2020 Organization physical 9602 Art Road address: Street Organization physical Cedar Grove address: City Organization physical 27231 address: Zip Code Organization's Orange County Contact's First and Lynden Harris Last Name Contact's Director Relationship to Organization Contact's Phone 9192595527 Number Contact's Email Iharris@hiddenvoices.org Address Organization www.hiddenvoices.org Website Organization's OUR COLLECTIVE: Hidden Voices is a radically inclusive, Mission Statement: participatory, and co-creative collective committed to creating just, compassionate, and sustainable relationships. This network of relationships connects communities across difference and provides pathways for compassionate change. OUR VISION & VALUES: All lives have meaning. All stories matter. At Hidden Voices our mission is to challenge, strengthen, and connect our diverse communities through the transformative power of the individual voice. DocuSign Envelope ID:08D0248F-805E-457D-A5AE-255A3B862Dl7 How many years 18 have you been in operation? Who do you serve? We serve those who invite us into their communities and ask us to help with a specific issue or need. OUR WORK: Encourages deep listening; expansive dialogue, and inspired action. Since 2003, Hidden Voices has collaborated with underrepresented communities to create award-winning works that combine narrative, mapping, performance, music, digital media, animation, and interactive exhibits to engage audiences and participants in explorations of difficult issues. Hidden Voices creates venues where stories from those rarely seen and heard by mainstream society take center stage. These life-changing stories provide insight about identity, place, and access. They help us understand the unrecognized, the unfamiliar, and displaced among us. They help restore our souls. Currently, how many full-time staff members does your organization employ? Currently, how many part-time staff members does your organization employ? Do you occupy Our physical space nowadays is limited to storage facilities, where physical space? our touring exhibits are located. We rent these spaces. DocuSign Envelope ID:08D0248F-805E-457D-A5AE-255A3B862Dl7 Describe the impact COVID 19 has caused the cancellation of numerous readings of of COVID-19 on your RIGHT HERE, RIGHT NOW and one of COUNT, as well as speaking organization including engagements, presentations, and exhibit outreach we had booked financial loss and with 6 different organizations through early August. We have had to staff/operating postpone our planned fundraising event, a presentation of the music changes: theater work-in-progress A GOOD BOY. And, while these are not income-generating activities, we've had to postpone workshops and interviews for WE ARE HERE. Additionally, our summer Seeking the Self camps have been canceled, which is disappointing as this was our 10th year anniversary. All of this means not only a loss of income for the organization but more critically a loss of income for the artists with whom we work Hidden Voices had two artists working on expanding the reach of COUNT and RIGHT HERE, RIGHT NOW to new states. The planned production in Atlanta, as well as possible ones in Texas, Indiana, and California are now all on hold. Not counting the fundraising event (last year this raised about $6500), the direct impact in loss of revenue from camps ($9500), readings (from 1000-1500/each), and presentations/speaker fees is about $18,000. These is only the total for specific, scheduled events that would be paying artists. It's impossible to estimate the income from actual co and partner productions. What is your 18000 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 To pay artists in the collective for current work on A GOOD BOY, for you use the funds? exhibit outreach and planning for 2020-21, and for a new virtual project--The Visionary Leadership Award--which will create the first nation cohort of students initiating community-engaged arts interventions around sexual violence. Have you received Yes, 2500 from the CARES Act. or applied for any other emergency funding, either through the CARES Act, NEA, or any other emergency relief fund? Please explain. DocuSign Envelope ID:08D0248F-805E-457D-A5AE-255A3B862Dl7 Does your We do have cash reserves but they are targeted funds from donors organization have and grants designated for specific uses (community engagement cash reserves? If so, around COUNT, funding for sexual violence work with young please explain your survivors, etc.) which we have not been able to enact due to covid decision to use or timelines. 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. hiddenvoices_18n_FC.pdf How else may we Our bookkeeper has not finished the 2019-2020 accounts. So, I have help you right now? uploaded the previous year's accounts. The income for that year was unusually low for several reasons, one of which was entering the final year of several multi-year grants. Also, we are a collective, so we all work as contract artists.