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Home My WebLink About2020-622-E Arts Commission-Daylight arts support relief grant4 Revised August 2020 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Daylight Community Arts Foundation Party/Vendor Contact Person: Michael Itkoff Contact Phone: 917-239-8615 Party/Vendor Address: 302 W. Queen St. City Hillsborough State: NC Zip: 27278 Department: Cnty Mngr Amount: 500 Purpose: Orange County Arts Support Fund Relief Grant Budget Code(s): 37601020-681070 Vendor # 66564 (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:_________ DocuSign Envelope ID: C0B11035-21E8-42EF-815F-02E4E4E88A68 9/1/2020 9/3/2020 9/8/2020 9/8/2020 1 Revised August 2020 ORANGE COUNTY ARTS COMMISSION 2020 COVID RELIEF GRANT AGREEMENT THIS AGREEMENT, entered into this 31 day of August, 2020, by and between Orange County ("County"), by and through the Orange County Arts Commission ("Arts Commission") and Daylight Community Arts Foundation ("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 annual Grants Program to provide economic opportunities to Orange County artists and 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 from the Grassroots Arts Program of 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 annual 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. The Grant funds, provided under this Agreement pursuant to North Carolina Arts Council Technical Assistance Grant awarded to the Orange County Arts Commission for the purpose of providing relief funding to artist, arts industry workers and arts organizations impacted by COVID-19 (“Project”) are described in the Grant Recipient’s Grant Application, attached hereto and incorporated herein as Exhibit A. 2. Grant Award. Grant funds have been awarded five hundred dollars ($500) by the Arts Commission to the Grant Recipient for the approved Project. 3. Attestation by the Grant Recipient A. Individual Grant Recipient. The Individual Grant Recipient certifies that they have met the Grant Eligibility Requirements as described in Exhibit A in the categories of residency, profession and financial hardship and therefore, is eligible to receive a grant under the terms of this Agreement; or B. Organization Grant Recipient. The Organizational Grant Recipient certifies that they have met the Grant Eligibility Requirements as described in Exhibit A in the that they are an Orange County, North Carolina based non-profit organization with an arts or cultural- DocuSign Envelope ID: C0B11035-21E8-42EF-815F-02E4E4E88A68 2 Revised August 2020 based mission and has been in operation for at least three years and therefore, is eligible to receive a grant under the terms of this Agreement; or 4. Responsibilities of the Arts Commission A. Payment. The Arts Commission shall release the grant funds in the amount of $500 to the Grant Recipient. 5. 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. 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.” 6. 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. 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. This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to Provider. 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 writing. This Agreement shall be binding upon the parties, their heirs, successors and assigns. B. Governing Law and Priority. 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 DocuSign Envelope ID: C0B11035-21E8-42EF-815F-02E4E4E88A68 3 Revised August 2020 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 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 _________________________________ __________________ Michael Itkoff,President Date For and on behalf of Orange County Government __________________________________ ___________________ Bonnie Hammersley, County Manager Date DocuSign Envelope ID: C0B11035-21E8-42EF-815F-02E4E4E88A68 9/3/2020 9/8/2020 Orange County Arts Commission Powered by Submittable Applicant Organization Dayl i ght Communi ty Arts Foundati on by Michael Itkoff in Orange County Arts Support Fund (ORGANIZATIONS ONLY) - Round 3 302 W. Queen St Hillsborough, North Carolina 27278 NC United States 9172398615 mike@daylightbooks.org 07/27/2020 id. 17037813 Original application 07/27/2020 Organization physical address: Street 302 W . Queen St Organization physical address: City Hillsborough Organization physical address: Zip Code 27278 Organization's County NC Contact's First and Last Name Michael Itkoff Contact's Relationship to Organization President Contact's Phone Number 9172398615 Contact's Email Address mike@daylightbooks.org Organization W ebsite https://daylightbooks.org/ Organization's Mission Statement: Daylight is a nonprofit organization dedicated to publishing art and photography books. By exploring the documentary mode along with the more conceptual concerns of fine art, Daylight’s uniquely collectible publications work to rev italize the relationship between art, photography, and the world at large. DocuSign Envelope ID: C0B11035-21E8-42EF-815F-02E4E4E88A68 How many years have you been in operation? 17 W ho do you serve?Daylight is a non-profit organization focused on publishing art and photography both in print and online. For ov er 17 years we hav e helped to support the work of artists from North Carolina and beyond by publishing them in our magazine, books, multimedia and digital features. In addition we lead workshops for emerging artists focused on how they can best prepare their projects for publication. From 2012-2018 we ran the Daylight Project Space in Hillsborough, NC but hav e temporarily discontinued our exhibition program. Daylight’s digital and multimedia programs allow free access to the general public to curated v ideos, slideshows and galleries. These long-form digital and multimedia features not only display an array of photographs from each artist, but also create a space for the artist to share the story and meaning behind their image collections, creating a clear and coherent narrativ e context that accompany the photographs. Daylight’s long-form digital features showcase artists with a sequence of rich media assets that together create an immersiv e v iewing experience. These features can focus on particular bodies of work by artists or serv e as teasers to printed publication thereby increasing the potential audience exponentially. Most recently Daylight has launched a new series of interv iews, titled Daylight Dialogues, as a component of its Digital programming; these interv iews are conducted with artists, editors, curators and industry creativ es, and focus on the ways photography and art impact our culture. Daylight’s multimedia program produces freely accessible v ideo podcasts ev ery month, which showcase the work of artists through a combination of v ideo, audio, photographic, and textual elements. These v ideos specifically feature contemporary v isual artists, who explore local and global stories of social, cultural, political and env ironmental relev ance. These creations most often include narration by the featured artist, giv ing audiences insight into the experiences and creativ e intentions of each artist. Describe the impact of COVID-19 on your organization including financial loss and staff/operating changes: It is hard to ov erstate the impact of this pandemic on our organization. Retail sales for books hav e all but stopped, marketing ev ents (ie. book signings) are no longer possible, our staff has felt a serious financial pinch from being layed off by some of their other jobs. In the meantime our costs remain as they were with rent, storage, distribution, utilities and digital hosting costs accruing all of the time. DocuSign Envelope ID: C0B11035-21E8-42EF-815F-02E4E4E88A68 W hat is your organization’s estimated financial loss to date as a result of COVID-19 (dollar amount): 85000 W hat amount are you requesting from the Arts Support Fund? 15000 If granted, how will you use the funds? The pandemic has created some unanticipated hurdles that we are trying to ov ercome and we do not want to let any of our team members go. W e hav e receiv ed a small grant from the SBA but that is not enough to cov er our budget shortfall from March-July 2020. In particular, we are in need of support for the following: - Office rent and storage - Administrativ e support - Production support - Shipping and logistics support - Payroll support Have you received or applied for any other emergency funding, either through the CARES Act, NEA, or any other emergency relief fund? Please explain. PPP Does your organization have cash reserves? If so, please explain your decision to use or not use these reserves as a result of COVID-related losses. No Please upload your organization's most recent Form 990 or most recent year-end financial statement. DCAF_2018_Form_990.pdf DocuSign Envelope ID: C0B11035-21E8-42EF-815F-02E4E4E88A68 How else may we help you right now? n/a DocuSign Envelope ID: C0B11035-21E8-42EF-815F-02E4E4E88A68