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HomeMy WebLinkAbout2020-895-E Arts Commission - Frank Gallery arts grant r DocuSign Envelope ID:CE42193E-DEC3-438B-8214-C3DA7BEAA226 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 FRANK Gallery ("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:CE42193E-DEC3-438B-8214-C3DA7BEAA226 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:CE42193E-DEC3-438B-8214-C3DA7BEAA226 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:CE42193E-DEC3-438B-8214-C3DA7BEAA226 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:CE42193E-DEC3-438B-8214-C3DA7BEAA226 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. 7F 199 XA,Pehalf of the Grant Recipient has" bAa,& 11/3/2020 Sasha Bakaric, Board Chair Date Forog§j#egg:behatf of Orange County Government bbV1W(, t� MKALY bj 11/11/2020 os;37ss4e755F 477 Bonnie Hammersley, County Manager Date 5 Revised October 2020 DocuSign Envelope ID:CE42193E-DEC3-438B-8214-C3DA7BEAA226 ORANGE COUNTY-DEPARTMENT USE ONLY Party/Vendor Name: FRANK Gallery Party/Vendor Contact Person: Sasha Bakaric Contact Phone: 919-636-4135 Party/Vendor Address: 201 S. Estes Dr., Suite B6 City Chapel Hill State: NC Zip: 27514 Department: Cnty Mpgr Amount: 4,000 Purpose: 2020 Operations Support Grant Budget Code(s): 37601020-683010 Vendor # 52739 (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:CE42193E-DEC3-438B-8214-C3DA7BEAA226 Orange County Arts Commission Powered by Submittable [� Applicant Franklin Street Arts Collective 09/18/2020 Organization dba FRANK Gallery id. 17607273 by Gallery Manager in Operations Support Grant 201 South Estes Drive Suite B-6 Chapel Hill , North Carolina 27514 United States 9196364135 info@frankisart.com Original application 09/18/2020 Organization physical 201 South Estes Drive -Suite B-6 address: Street Organization physical Chapel Hill address: City Organization physical 27514 address: Zip Code Organization's Orange County Contact's First and Sasha Bakaric Last Name Contact's Board Chairperson Relationship to Organization Contact's Phone 9196364135 Number Contact's Email info@frankisart.com Address Organization www.frankisart.com Website Organization's FRANK is an artist run contemporary fine arts gallery featuring work Mission Statement: by local artists enriching the community through exhibitions, events and arts education. How many years 10 have you been in operation? DocuSign Envelope ID:CE42193E-DEC3-438B-8214-C3DA7BEAA226 Who do you serve? FRANK Gallery exhibits and sells the work of more than 100 local artists, as well as the work of its' twenty-two FRANK Member artists. FRANK Gallery's, manager, Natalie Knox operates the Gallery's retail business and the gallery is overseen by a Board of. Until the end of May 2020 the Gallery also operated the Michael and Laura Brader- Araje Non-Profit Community Gallery space also located in University Place. Over the past ten years FRANK has presented both visual and performing arts events and programming free to the public. In 2019 more than 8,100 people visited the gallery and an additional 3,150 people attended events there. Approximately 70%of these visitors were from the Chapel Hill- Carrboro area, 15%were from Durham, 10% from Raleigh/surrounding areas and 5%were from outside the Triangle. Attendees and local participants of all races, religions, and socio-economic backgrounds attended workshops, classes, salons, openings, artist talks and fundraisers. The participating visual and performing artists included those of Caucasian, African-American, Native American, Asian and Hispanic heritages. In addition, the Gallery partners with many local arts and community organizations on projects that particularly benefit the Chapel Hill-Carrboro community, including the Orange County Artists Guild and Arts for Life as examples. FRANK also has a vibrant Karen Youth Art Group serving young local Burmese student artists who were born in refugee camps in Thailand after their homes were burned down by the Burmese (Myanmar) military. Currently, how many 1 full-time staff members does your organization employ? Currently, how many 0 part-time staff members does your organization employ? DocuSign Envelope ID:CE42193E-DEC3-438B-8214-C3DA7BEAA226 Do you occupy FRANK Gallery is located in University Place, Chapel Hill in a purpose physical space? built space designed for a previous gallery by Philip Szostak, architect of DPAC. FRANK Gallery moved to our current space at the end of 2018 after functioning for 8 years on East Franklin Street, motivated by the promise of a lower rent with more parking and foot traffic. Although our current space is smaller than our original gallery its elevated ceilings and contemporary design make for a better display space. The loss of our larger original space where we displayed both the work of local artists and community groups led us to open the Community Gallery at University Place where we displayed the work of many local nonprofit arts groups. In June 2020 we lost that space to redevelopment. That loss and COVID-19 has forced us to rethink our community outreach gallery concept resulting in the creation of online partnerships with our local nonprofit partners. Essential to the success of FRANK Gallery is its physical, retail gallery space. The current space allows us to display the work of our 22 member artists and the work of a wide range of local and regional artists. Our office and limited storage space are also at this venue. The gallery is a teaching venue for our Karen Youth Art Group. We lease the space on an annual basis and have survived the transfer of University Place to new owners without a rent increase of our $1608/monthly rent and 6% net commissions. DocuSign Envelope ID:CE42193E-DEC3-438B-8214-C3DA7BEAA226 Describe the impact With the arrival of COVID-19 we had to completely close down the of COVID-19 on your physical Gallery space in mid-March. Our gallery manager, Natalie organization including Knox quickly created an online virtual exhibit of the show that had financial loss and been installed five days prior to the shutdown. We also established staff/operating an online shop to encourage more sales. We felt we needed to help changes: the local community during COVID and decided to give 20% of FRANK's online proceeds for 3 months to PORCH, the local hunger relief organization. Through lock down Natalie arranged non-contact deliveries of sales and also shipped several pieces out of state. We also applied for $10,200 PPP under the Cares Act towards our manager's salary and gallery rent and received $1000 from Orange County Arts Commission Relief Fund. We sought donations from the local community/patrons with whom we stayed in touch throughout through eblasts, online postings and social media. We re-opened the gallery in early July for three days with limited hours. We are now open five days a week from 12-5:00-fewer hours than before COVID's onset. When we reopened in July we had many sales mostly of larger items but experienced very little foot traffic. August was a very lean month and the absence of foot traffic has affected the sale of smaller items such as ceramics and jewelry. We are also unable to hold artist talks and receptions at which we make many sales. We do offer gallery visits by appointment for patrons who want a safer viewing /shopping experience. We are maintaining community contact through regular eblasts, social media posts, and placing artist talks, virtual exhibits, and other artist related features on our website. We have created a Virtual Community Gallery currently hosting our FRANK Karen Youth Art Group's Work. That Group comprising young Karen refugee students continues to meet weekly outside in socially distanced settings where they have taken readily to plein air painting, We had to postpone our main fund raising event in early May and are staging an online Gala in early October at which we hope to make up for some of the deficit caused by that postponement. Keeping our gallery manager employed is essential to the running of the Gallery. Given that we show the work of over 100 artists we carry a huge inventory which involves much work. Thanks to the Cares Act PPP loan Natalie remained employed throughout our lockdown and she is central to our sales endeavors. She also is the Collective's main communications point and currently carries more work load than before COVID given that some of the Gallery's older member artists are unable to staff the storefront given their health issues. As the sole employee of the gallery, Natalie manages the day to day opening and closing of the gallery, our online presence, accounting, and sales. We are now also very cautious about paying for any marketing and are much more reliant on social media and e-blasts. As of September we have a UNC student intern assisting in the gallery. What is your 23000 organization's estimated financial loss to date as a result of COVID-19 (dollar amount): DocuSign Envelope ID:CE42193E-DEC3-438B-8214-C3DA7BEAA226 What amount are 5000 you requesting? If granted, how will FRANK Gallery will use the grant funds to pay the gallery manager's you use the funds? salary. As noted, she is vital to the artist run operation given that we have the inventory of over 100 artists from a diverse number of media. She is the glue that facilitates communications between the gallery and member artists, the Board, invited artists, landlords, donors, different gallery committees and the public at large. In short she is the daily face of the Gallery .If we receive funding will help pay for nearly 2 months of her salary thus preventing us from delving further into our reserves. July when we reopened was busy but things were really slow in August, September is proving to be a better month but regular foot traffic is significantly down and we are really feeling the financial impact of the closures of UNC and the Silverspot Cinema (located in University Place). Having less stress emphasized on delving into our financial reserves Natalie would be able to spend more time on marketing, sales, and focus on how to best increase revenue. Have you received We applied for $10,200 from the Cares Act which we received and we or applied for any received $1000 from the Orange County Arts Commission's Relief other emergency Fund. funding, either through the CARES Act, NEA, or any other emergency relief fund? Please explain. Does your Yes we do .We have delved into some of these reserves but having a organization have $23K loss compared with 2019 has in turn put more pressure on our cash reserves? If so, gallery to generate sales. But we know that sales alone are not going please explain your to get us through COVID given the virus's trajectory predictions. So decision to use or our reserves are our guarantee that we can survive hopefully until not use these there is a viable vaccine or until patrons feel more comfortable with reserves as a result returning to our space like before. We are the only functioning art of COVID-related gallery in Chapel Hill and our efforts help support over 100 local losses. artists. We are motivated to keep going. Having opened in 2010 during the recession we are determined to survive COVID as a viable arts space. Please upload your organization's most recent Form 990 or most recent year-end financial statement. FRANK Gallery_2019_990.pdf How else may we We need maximum publicity for our endeavors given our hesitation help you right now? to invest financially in marketing. We are also working to be a more diverse collective and have a January 2021 juried show which we are seeking to publicize statewide as well as our annual Off the Wall Fundraising Gala which now will be held virtually. Help with this would be wonderful. Thank you for all your support.