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HomeMy WebLinkAbout2020-908-E Arts Commission-Ackland Museum NCCARES grantNC CARES for the Arts Grant 2020  Award Coversheet  Grantee Name    Authorizing Official   Award  Date    December 7, 2020  Stipulations   ☐ Grantee must provide documentation of $_______ in expenses incurred between  September 1‐December 31, 2020 and included in original application Expense  Worksheet by Friday, January 15, 2021.  Documentation must be emailed to Katie  Murray at kmurray@orangecountync.gov.    ☒The Grant Recipient must enter all events, exhibits, and performances (virtual or in‐ person) open to the public and related to this grant award on the Orange County Arts  Commission website at www.artsorange.org/events.   Report due date No report required  Staff Contact    Katie Murray, Director  (919)245‐2335 | kmurray@orangecountync.gov   Ackland Art Museum Katie Zigler $10,000 n $6150.29 DocuSign Envelope ID: 2EB512DB-2890-4155-9D25-0E4B1972C619 December 2020  ORANGE COUNTY ARTS COMMISSION 2020-21 NC CARES GRANT AGREEMENT THIS AGREEMENT, entered into this day of , 2020, by and between Orange County ("County"), by and through the Orange County Arts Commission ("Arts Commission") and ("Grant Recipient"). WHEREAS, the Arts Commission is a countywide arts agency that ensures the growth of local arts experiences by providing funding and support for diverse high quality programs and projects. WHEREAS, the Arts Commission administers the NC CARES for Arts to provide economic relief to Orange County arts organizations impacted by the COVID-19 pandemic. WHEREAS, the annual Arts Grants Program is supported by Arts Commission with CARES Act funds from the North Carolina Arts Council, a division of the Department of Natural and Cultural Resources, a state agency. WHEREAS, the Grant Recipient was selected by the Arts Commission to receive the NC CARES for Arts Grant through the procedures duly adopted by the Arts Commission; and WHEREAS, both parties wish to promote and maintain the integrity and clarity of the Grant Recipient's ideas and statements and delineate the Grant Recipient’s obligations to the County; NOW, THEREFORE, the County and the Grant Recipient, for the consideration and under the conditions hereinafter set forth, agree as follows: 1.Approved Grant Project. Grant funds ae provided under this Agreement for Operations Support described in the Grant Recipient’s Grant Application, attached hereto and incorporated herein as Exhibit A. 2.Grant Award. Grant funds in an amount not to exceed ($ ) have been awarded by the Arts Commission to the Grant Recipient for the approved Project. 3.Contingency. This grant is contingent on North Carolina Arts Council NC CARES for Arts funding to the Arts Commission. Final decisions on funds to the North Carolina Arts Council are subject to approval by the North Carolina General Assembly. 4.Responsibilities of the Grant Recipient 9 December Ackland Art Museum ten thousand dollars $10,000 DocuSign Envelope ID: 2EB512DB-2890-4155-9D25-0E4B1972C619 December 2020  A. Implementation. T hese grant funds are to be used to reimburse eligible expenses that were incurred between March 1, 2020 through December 31, 2020. Grantees have to submit documentation of expenses incurred prior to November, 2020 in order to receive funds. If applicable, Grantee will also need to submit documentation for approved eligible expenses taking place between November 1 – December 31, 2020. If Grantees do not submit proper documentation, they will not be eligible for reimbursement under the Agreement. B. Non–assignment. The grant cannot be assigned or transferred to a different organization without prior written approval of the Arts Commission. C. 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. D. Use of Funds. The grants shall be utilized solely for the purpose described in the attached Exhibit A. (debts ARE an allowable expense per the state guidelines). E. Final Report. Grant Recipient shall submit to the Arts Commission a Final Report the date of which shall be provided by the Arts Commission Director.. The Final Report shall be in the format required by the North Carolina Arts Council. 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. 5.Responsibilities of the Arts Commission A.Payment. The Arts Commission shall release the grant funds in the amount of $ to the Grant Recipient. 6.Publicity A.Acknowledgement. Credit must be given to the Orange County Arts Commission and/or the North Carolina Arts Council 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 and North Carolina Arts Council logos may be downloaded at www.artsorange.org/grantee-resources and may not be altered in any way. When no printed information is used, verbal $10,000 DocuSign Envelope ID: 2EB512DB-2890-4155-9D25-0E4B1972C619   December 2020  credit shall be given. In addition, all print and promotional material must include the following credit line and logo(s) (check all that apply):   i. County Funds Only. Orange County Arts Commission logo required. Credit line required for audio projects: “This program is supported by the Orange County Arts Commission.”   ii. North Carolina Arts Council Funding. The Orange County Arts Commission and the North Carolina Arts Council logos are required. Credit line: “This program is supported by the N.C. Arts Council, a division of the Department of Natural and Cultural Resources.”   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.org/events. In addition, the Grant Recipient must add a link to www.artsorange.org (Orange County Arts Commission logo preferred) to their main webpage.   7. Indemnity. The Grant Recipient agrees to indemnify and hold harmless the County, the Arts Commission and the North Carolina Arts Council and their 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.   8. 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.   9. 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 comply with any provision of this Agreement, as determined by the Arts Commission in its sole discretion. DocuSign Envelope ID: 2EB512DB-2890-4155-9D25-0E4B1972C619   December 2020  (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) d ays? 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.   10. 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 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.orangecountync.gov/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 DocuSign Envelope ID: 2EB512DB-2890-4155-9D25-0E4B1972C619 December 2020  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. 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. For and on behalf of the Grant Recipient Date For and on behalf of Orange County Government Bonnie Hammersley, County Manager Date Katie Zigler DocuSign Envelope ID: 2EB512DB-2890-4155-9D25-0E4B1972C619 12/10/2020 12/13/2020 December 2020  ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Party/Vendor Contact Person: Contact Phone: Party/Vendor Address: City State: Zip: Department: Amount: Purpose: Budget Code(s): Vendor # (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: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this 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: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ 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:________ Ackland Art Museum Katie Zigler 9199623032 101 S Columbia St. Chapel Hill NC 27599 County Mngr $10,000 NC CARES grant 37601020-683011 39833, #6 4 12-9-20 DocuSign Envelope ID: 2EB512DB-2890-4155-9D25-0E4B1972C619 12/9/2020 12/10/2020 12/10/2020 12/13/2020 Orange County Arts Commission Powered by Submittable Name of organization or business Ackl and Art Museum by Mary Gard in NC CARES for the Arts Grant Program 101 S. Columbia Street Campus Box 3400 Chapel Hill, North Carolina 27514 United States 919-966-5736 mary.gard@unc.edu 10/26/2020 id. 18016008 Original application 10/26/2020 ORGANIZATION/BUSINESS INFORMATION n/a Date organization was formed 09/20/1958 Authorizing Official Katie Ziglar Authorizing Official - phone number 9199623032 Authorizing Official - email katie.ziglar@unc.edu Grant Manager - name (if different from Authorizing Official) Mary Gard Grant Manager - phone (if different from Authorizing Official) 9198433592 Grant Manager - email (if different from Authorizing Official) mary.gard@unc.edu Is your organization physically located in Orange County, NC? Yes Organization street or PO Box address 101 S. Columbia Street, Campus Box 3400 DocuSign Envelope ID: 2EB512DB-2890-4155-9D25-0E4B1972C619 Organization City Chapel Hill Organization State NC Organization Zip Code 27599 Organization website ackland.org Organization Tax ID 566001393 Applicant Race/Ethnicity W hite, not Hispanic Legal Status:501(c)3 or 501(c)6 Nonprofit Organization IRS Determination Letter 501c3_Letter.pdf Total operating budget (current fiscal year) 3559047 Are 25% or more of your annual expenses related to the visual, performing or literary arts? Yes NARRATIVE n/a W hat is the mission of your organization? The Ackland Art Museum is UNC-Chapel Hill’s local museum with a global outlook. Our location and programs bridge campus and community. W e’re free, open, and accessible to all. W e empower you to get close to art – the familiar, the unexpected, the challenging – and connect with the complexity and beauty of the wider world. W e prov ide experiences that spark insight into ourselv es, each other, and the world. Our mission is the art of understanding. Our motto is: look close, think far. Provide a brief description of your pre-pandemic core arts-related programming or offerings. Since 1958, the Ackland has been one of North Carolina’s most important cultural resources, serv ing 60,000 people annually. Our programs help audiences better understand the world around us and prov ide experiences that nurture curiosity, encourage creativ ity, and disrupt conv ention. The Museum’s permanent collection consists of 19,000 works, featuring the state’s premier collections of Asian art and works of art on paper, and significant collections of European masterworks, twentieth-century and contemporary art. In addition to permanent DocuSign Envelope ID: 2EB512DB-2890-4155-9D25-0E4B1972C619 collection galleries, the Ackland organizes four major special exhibitions a year, and works to acquire, research, publish and preserv e works of art in their care. Spanning all cultures and times, the Museum’s collection and exhibitions work to showcase the breadth and depth of human creativ ity. The Ackland is a v ital teaching resource serv ing univ ersity, K-12, and community audiences though a wide range of educational and public programs. Using the collection and object-based learning, Museum staff encourage activ e participation and close looking. The combination of a v ersatile collection, accessible interpretation materials, and a v ariety of programs allow the Museum to offer engaging experiences for all v isitors. As an integral part of academics and life at UNC-Chapel Hill and other area colleges and univ ersities, the Museum is a dynamic extension of the twenty-first century classroom, serv ing thousands of students in hundreds of classes and dozens of academic disciplines each year. The Ackland is also a place for univ ersity students and faculty to explore art-related programs and professions outside the classroom. K-12 classes from Chapel Hill and across the region come to the Ackland for liv ely learning experiences with original works of art, stimulating new ways of thinking for teachers and students alike, in addition to making meaningful connections with the school curriculum. Museum staff also offers professional dev elopment programs for teachers, collaborating with indiv idual schools, school districts, campus partners, and national education associations. The Ackland’s K-12 programs are free, and schools may also apply for up to $200 from the Museum to reimburse bus and substitute teacher expenses. The Ackland’s regular slate of public programs is designed to offer multiple points of access to learning about and enjoying art for all audiences, including talks and tours; art making, family, and wellness programs; film screenings; and music, dance, and theatrical performances. The Museum also offers specially designed tours for community groups of all ages, from Scout troops and summer camps, to work teams from area businesses, to retirement communities, lifelong learning groups, and adult day centers for people with dementia. Drop-in tours are also offered on an ongoing basis. Each year the Museum offers ov er 200 public programs and more than 200 tours. As a public institution with no admission and free educational tours and public programs, the Ackland serv es all ages, ethnicities and socio-economic groups—free of any barriers. North Carolina residents, including 2 million people liv ing in the Triangle, 30,000 UNC students and 4,000 faculty, 4,000 K-12 students and teachers, and more than 2.5 million v isitors to Chapel Hill annually all benefit from the Museum’s resources. DocuSign Envelope ID: 2EB512DB-2890-4155-9D25-0E4B1972C619 North Carolina’s “stay at home” order (Executive Order 117) had a profound impact on the arts sector. Describe the specific steps your organization took to comply with Executive Order 117. This year has been one of unprecedented challenges. The Ackland is facing budget reductions as UNC-Chapel Hill is struggling with the economic fallout of COVID-19 and the Museum’s priv ate fundraising results hav e dropped precipitously. Nev ertheless, the Museum continues to be integral to the educational experience on campus and in our community. In accordance with Univ ersity guidelines for COVID-19 safety precautions, closures, shelter-in-place orders, and social distancing restrictions, the Ackland made the decision to cancel all in-person programs as of March 11, 2020. Ackland staff were also prohibited from trav eling out of state at this time. Following state orders, including North Carolina’s Executiv e Order 117 dated March 14, 2020, the Ackland closed its doors to the public until further notice on March 18, 2020, and all Museum staff transitioned to working remotely. Prev iously directing most resources toward in-person programming, the Museum was required to reimagine how to engage audiences, remaining operational by transitioning to v irtual programming. Ackland education staff consulted with Univ ersity faculty to dev elop v irtual class sessions, as well as activ ities based on digital images of works in the Museum’s permanent collection, to translate experiences planned prior to the pandemic to v ersions appropriate under the “stay at home” order. For K-12 teachers and administrators, staff adapted in-gallery activ ities for school groups to v ersions that students could do at home, led either by teachers through online classes or by parents. Public program staff distilled the essential characteristics of programs originally dependent on access to art in the galleries, performance space, or studio art space into formats appropriate for v ideo or v ideo conferencing. All this was significantly enhanced by the introduction of the Museum’s new website, which had been in dev elopment for a year, in mid-April. To date the Ackland has not only inv ested considerable staff time and resources to dev eloping high quality and fully accessible digital programs, but has also had to adjust the exhibition schedule, canceling or rescheduling at least three special exhibitions. Additionally, the Museum delayed incoming and outgoing shipments of art for acquisitions and loans; inv ested ITS serv ices to ensure all staff were set up with needed computer access at home; cancelled all ev ents and trav el for the foreseeable future; postponed plans for necessary building repairs and upgrades; and halted the majority of fundraising activ ity for sev eral months. Moreov er, in order to make reopening to the public – when it happens – safe, the Ackland has had to purchase necessary materials and supplies, including plexiglass, masks, hand sanitizer, sanitizer stands and dispensers, antibacterial wipes, and additional cleaning supplies. DocuSign Envelope ID: 2EB512DB-2890-4155-9D25-0E4B1972C619 Please explain the impact of your organization on the Orange County community in a typical year. The Ackland is a v ital resource for the Orange County community that enhances the local cultural v itality and improv es liv es of residents. Prov iding intellectually engaging cultural content and wellness programs for audience members of all ages and abilities offers lifelong learning opportunities and contributes to the ov erall health and well-being of our residents. As stated abov e, the Museum offers ov er 200 public programs and more than 200 tours annually in a typical year. Children who hav e impactful experiences with art are better equipped to communicate with others and contribute more to their communities. The Museum’s education and interpretation staff specifically designs programming to prov ide rich content and interactiv e experiences. Programs for children include art-making activ ities and collaborativ e social experiences, each one designed to engage v aried interests, different dev elopmental needs, and all learning styles. In recognition of the Museum’s commitment to being accessible to all, the Ackland permanently re-opened ART& in September 2018. A dedicated museum space for students and community to connect with each other and create and experience art, ART& hosts artist talks, performances, art-making classes, and much more. In addition to serv ing as a v ibrant community and program space, ART& also features a rotating roster of site-specific commissions by contemporary artists. In a typical year, the Ackland also collaborates with other local organizations in Orange County, including the Varsity Theater, Chapel Hill Public Library, Chapel Hill/Carrboro and Orange County Schools, Charles House, and the Orange County Department on Aging, to name a few. The Ackland also has a Local Adv isory Board with 37 members who are residents of the Triangle, many from Orange County. The Local Adv isory Board helps Museum leadership expand and solidify the Ackland’s dedication to the local community by deepening our network of adv ocates and supporters in Chapel Hill and the broader area and creating a forum for interesting and v ibrant discussion about the arts, the community and the Ackland’s role in both. COVID-19 IMPACT DATA This data is for the OCAC's informational purposes only and may or may not be applicable to your organization depending on your structure. Number of Staff Eliminated March 15 - October 15 0 DocuSign Envelope ID: 2EB512DB-2890-4155-9D25-0E4B1972C619 Number of Staff Positions Furloughed/Hours Reduced March 15 - October 15 0 Number of Public Events Cancelled March 15 - October 15 228 Total Lost Attendance, March 15-October 15 33515 Number of Artists paid March- September, 2019 13 Number of Artists paid March- September, 2020 9 FINANCIAL INFORMATION n/a 2018-19 (2019) Actual FY Income 4438742 2018-19 (2019) Actual FY Expense 3286372 2019-20 (2020) Actual Income (year to date) 3081653 2019-20 (2020) Actual Expense (year to date) 3398571 2020-21 (2021) Budgeted Income 3552649 2020-21 (2021) Budgeted Expense 3559047 Tax forms: Upload your annual tax filings for last three years (such as IRS-990, IRS-1055, IRS- 1040, plus any relevant schedules or forms for self-employed) 990_exemption_document.pdf Upload Year-to-Date Profit and Loss or financial statement Ackland_FY21_Financial_Statement_YTD.pdf DocuSign Envelope ID: 2EB512DB-2890-4155-9D25-0E4B1972C619 Upload Year-to-Date Balance Sheet Ackland_FY21_YTD_Balance_Sheet.pdf ELIGIBLE EXPENSES n/a Incurred Expenses 66e3059c-72ca-4b5b-b108-ff14633e53b2.xlsx CARES Funding Already Received 34ee48c2-4c35-49ab-bd3a-41c204976b37.xlsx Non-CARES Funding Recieved 8b879345-8eee-4c45-8577-7de8dd082906.xlsx ACKNOW LEDGMENT Please read the following statements below and click to agree to each statement. By submitting this application, I acknowledge I have read and understood the guidelines for the NC CARES for the Arts Grant Program. I make the following representations and acknowledge agreement to the following terms and conditions: I am the duly authorized representativ e of the entity named abov e and can bind the entity to the terms of this Agreement. If funds are prov ided by NC CARES, the funds will be used for the purposes set forth abov e. I bear full responsibility for any and all tax consequences of receiv ing grant funds. The representations made by the applicant in this Application are material terms of the Agreement, as is compliance with the Grant Program. The State may cancel this Agreement at any time upon discov ery that any of the information set forth abov e is inaccurate, that these terms hav e been v iolated, or any prov ision of the Grant Program has been v iolated. If funded, the applicant will prov ide documentation as ev idence for future expenses. Documents such as receipts, bill/inv oices, monthly financial statements, and payroll ledgers. DocuSign Envelope ID: 2EB512DB-2890-4155-9D25-0E4B1972C619