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Home My WebLink About2020-783-E Arts Commission-Rebecca Drake arts support relief grant1 Revised August 2020 ORANGE COUNTY ARTS COMMISSION 2020 COVID RELIEF GRANT AGREEMENT THIS AGREEMENT, entered into this 2 day of December, 2020, by and between Orange County ("County"), by and through the Orange County Arts Commission ("Arts Commission") and Rebecca Drake ("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 six hundred dollars ($600) 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: 8BFAC1F1-269C-417C-B820-24A13703FA44 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 $600 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: 8BFAC1F1-269C-417C-B820-24A13703FA44 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 _________________________________ __________________ Rebecca Drake, Date For and on behalf of Orange County Government __________________________________ ___________________ Bonnie Hammersley, County Manager Date DocuSign Envelope ID: 8BFAC1F1-269C-417C-B820-24A13703FA44 12/2/2020 12/9/2020 4 Revised August 2020 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Rebecca Drake Party/Vendor Contact Person: Rebecca Drake Contact Phone: 919-619-4651 Party/Vendor Address: 8617 Union Grove Church Rd City Chapel Hill State: NC Zip: 27516 Department: Cnty Mngr Amount: 600 Purpose: Orange County Arts Support Fund Relief Grant Budget Code(s): 37601020-681070 Vendor # 66896 (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: 8BFAC1F1-269C-417C-B820-24A13703FA44 12/2/2020 12/3/2020 12/8/2020 12/8/2020 Orange County Arts Commission Powered by Submittable Legal Name of Applicant Rebecca Drake by Rebecca Drake in Orange County Arts Support Fund (INDIVIDUALS ONLY) - Round 4 8617 Union Grove Church Road Chapel Hill, North Carolina 27516 United States 919-619-4651 rebeccaerial@gmail.com 11/21/2020 id. 18299940 Original application 11/21/2020 Artist Name, if different than legal name n/a Email address rebeccaerial@gmail.com Do you reside in Orange County, North Carolina? Yes Home address: Street 8617 Union Grov e Church Road Home address: City Chapel Hill Home address: Zip Code 27516 Please select the scenario(s) that best describe your situation: You are a professional artist, whose source of income is through your art How would you best your profession? Dancer/Choreographer Other than your work, what sources of household income do you currently have? My husband is a musician and is bringing in some money for the family. DocuSign Envelope ID: 8BFAC1F1-269C-417C-B820-24A13703FA44 Have you experienced a decrease in TOTAL HOUSEHOLD income of 30% or more? Yes Please explain how your general livelihood has been impacted by COVID- 19. Ev ery studio that I was teaching yoga, and aerial yoga at has permanently closed. I hav e gone from teaching 15 classes a week to 4 online. I used to work priv ately with clients, this has dried up (not only due to safety) but also due to hav ing no space from where to work, or anyway to afford rent. Teaching Aerial Yoga and Aerial Yoga Teacher Trainings was a large part of my income. I hav e lost all of that. I hav e no space, no equipment, and no money to inv est in a rig/equipment to try and offer something v irtually. I am struggling to teach yoga online but I hav e v ery outdated equipment (like a 2009 computer) and no extra money to improv e this situation. All of my dance performances hav e been cancelled. There seems to be no end in sight for being able to work as a mov ement artist in a way that can help support my family. Have you applied for unemployment benefits? No Please explain your decision to not apply for benefits: I applied in the past but kept hitting road blocks (technical and otherwise) that I gav e up on it. I thought it would be more useful to hustle and try to figure out ways to bring in some money immediately. Grant amount requested: 600.00 How do you intend to use the grant, if awarded? I intend to use it to pay off my late Duke Power and Spectrum bills. The rest will go towards health insurance. How else may we help you right now? My husband and I are both artists. He is a musician and I am a mov ement artist. In a lot of ways we feel like we hav e lost the careers we spent our liv es creating due to Cov id. It is v ery hard, so this grant for those of us who hav e liv ed our liv es in Chapel Hill is v ery uplifting. It is nice to feel like someone still cares about the arts and the artists who liv e here and create the thriv ing community we hav e all enjoyed. Thank you so much for helping! DocuSign Envelope ID: 8BFAC1F1-269C-417C-B820-24A13703FA44