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Home My WebLink About2020-824-E Arts Commission-Chamber Orchestra of the Triangle 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 Chamber Orchestra of the Triangle Niccolo Muti, Executive Director 10,000 DocuSign Envelope ID: EDE49570-429A-4D3E-B068-2156A15A86FE 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 Commis s ion " ) an d Chamber Orchestra of the Triangle ("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 8 December ten thousand dollars 10,000 DocuSign Envelope ID: EDE49570-429A-4D3E-B068-2156A15A86FE 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: EDE49570-429A-4D3E-B068-2156A15A86FE 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: EDE49570-429A-4D3E-B068-2156A15A86FE 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: EDE49570-429A-4D3E-B068-2156A15A86FE 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 Niccolo Muti, Executive Director DocuSign Envelope ID: EDE49570-429A-4D3E-B068-2156A15A86FE 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:________ Chamber Orchestra of the Triangle Niccolo Muti, Executive Director 9196073029 1213 E Franklin St. Chapel Hill NC 27514 Cnty Mngr 10,000 NC Cares Grant 37601020 683011 66919 4 12-7-2020 DocuSign Envelope ID: EDE49570-429A-4D3E-B068-2156A15A86FE 12/8/2020 12/10/2020 12/10/2020 12/13/2020 Durham Arts Council Powered by Submittable 1. Applicant Organization The Chamber Orchestra of the Tri angl e by Niccolo Muti in North Carolina CARES for Arts - Durham info@thecot.org 11/09/2020 id. 18165602 Original submission 11/09/2020 COMPLETE THE FOLLOW ING SECTIONS ORGANIZATION INFORMATION (items 1-16) PROJECT INFORMATION AND NARRATIVE (3 parts) ELIGIBLE EXPENSES (2 parts) CERTIFICATION 2. Date Organization formed 1988 3. Organization's County Durham 4. Organization's Street or PO Mailing Address 1213 East Franklin St. 5. Organization's City Chapel Hill 6. Organization's Zip Code 27514 7. Organization's State NC 8. Organization's Telephone 9196073029 9. Organization's W eb Site www.thecot.org 10. Organization's EIN 561610461 11. Applicant Organizational Type Nonprofit 501c3 12 Applicant Organization Race/Ethnicity n/a DocuSign Envelope ID: EDE49570-429A-4D3E-B068-2156A15A86FE 13. Organization Contact First and Last Name Niccolo Muti 14. Contact's Relationship to Organization Executiv e Director 15. Contact's Phone number 9196073029 16. Contact's E-mail Address nmuti@thecot.org PROJECT INFORMATION/NARRATIVE PART 1: W hat is the mission of your organization? The Chamber Orchestra of the Triangle has a clear musical and educational mission. Foremost is the presentation of high-quality orchestra performances of exceptional music, including works rarely performed. The concerts are readily accessible to area residents and frequently feature the nation's most talented emerging musicians. The Orchestra collaborates with other Triangle arts organizations to serv e as a catalyst for musical excellence throughout the area. The COT creates performance and educational opportunities for talented young musicians liv ing and studying in the State. PROJECT INFORMATION/NARRATIVE PART 2: Provide a brief description of your pre-pandemic core arts programming. Include details about the audiences who participate in and benefit from the programs. At the onset of the Corona Virus pandemic, the COT found itself in the middle of its 2019/20 Season. Complete season activ ities included 6 orchestral concerts at the Carolina Theatre of Durham, 4 chamber music concerts by the COT’s String Quartet-in-Residence, the Verona Quartet, 1 guest recital at the Hayti Heritage Center by v iolinist Randall Goosby, 3 full performance cycles in collaboration with Carolina Ballet, 40+ community engagement and educational appearances by the Verona Quartet, 1 performance for the Carolina Theatre's Arts Discov ery Series, a Fall Gala, and the Spring fundraiser. Emphasizing its commitment to Durham and the greater Triangle community , the COT has always prov ided free concert attendance to students of all ages. The 2019/20 season saw a surge in student attendance, due to the COT's partnership with Durham School of the Arts. Older members of the community are also offered free or reduced price tickets, with subsidies for the retirement communities' buses. PROJECT INFORMATION/NARRATIVE PART 3: North Carolina’s “stay at home” order (Executive Order 117) had a profound impact on the arts sector. Describe the specific steps your At the announcement of Executiv e Order 117, which went into effect on March 14, 2020, the COT was days away from the first rehearsal of its March 22nd concert. To comply with the order, all organizational activ ities that required any form of gathering were initially postponed, and ev entually cancelled. This would come to include 2 orchestral concerts at the Carolina Theatre of Durham, 2 chamber music concerts by the COT’s String Quartet-in-Residence, the Verona Quartet, 1 guest recital at the Hayti Heritage Center by v iolinist Randall Goosby, 2 full performance cycles in collaboration with Carolina Ballet, 11 community engagement and educational DocuSign Envelope ID: EDE49570-429A-4D3E-B068-2156A15A86FE organization took to comply with Executive Order 117. appearances by the Verona Quartet, and the Spring fundraiser. All office activ ity was quickly transitioned to remote platforms. This process was relativ ely easy considering the small size of the COT's staff. Forced to announce the premature conclusion to the 2019/20 season, the COT’s Board of Directors had the difficult task of looking ahead to 2020/21. Maestro Muti’s original season could not be carried out financially or legally, and the unpredictability of the v irus’ trajectory made planning precarious. Under these circumstances, the COT Board asked Maestro Muti to restructure the upcoming season for the benefit of the orchestras musicians - the most effected by the pandemic - its dev oted patrons, and the community at large. The Board put forth a series of goals for the restructuring. In no particular order, they were: ● Create a safe working env ironment for all artists and staff. ● Scale back the budget to a degree that is fiscally responsible considering funding sources. ● Maintain a lev el of activ ity that will allow for the quality of the ensemble and the organization’s v isibility to keep its upward trajectory. ● Ensure that the organization not only surv iv e the current health pandemic and its economic effects, but prepare itself to emerge stronger than before. After closely examining the organization’s financials, the Board requested a 30% budget cut to the COT’s original 2020/21 activ ities. Consequently, a completely new concert season was env isioned to feature as many musicians as safely possible, allowing for physical distancing. To further meet the demands of the budget, all staff and artists took a minimum of a 10% cut in salary. Sticking to its full six concert season formula, but eliminating the possibility of a liv e audience, the COT decided to film and produce all of its concerts to be released for v iewing online. More than just a performance, each production includes artist interv iews and backstage footage, giv ing v iewers a chance to see and appreciate all that goes into putting on an orchestral performance. Ov er the course of the season, the COT will engage approximately 30 indiv idual local musicians. In compliance with Executiv e Order 117, the COT created its own COVID Protocol. All staff and musicians had to sign off on said protocol to partake in this season's ev ents. ELIGIBLE EXPENSES PART 1 - W ORKSHEET: Use the template linked in the adjacent instructions. The worksheet will allow you to list eligible expenses and record federal relief payments you have already received. Upload completed worksheet here. COT_eligibleexpensesworksheet_nc_cares_application.xlsx_-_Sheet1.pdf DocuSign Envelope ID: EDE49570-429A-4D3E-B068-2156A15A86FE ELIGIBLE EXPENSES PART 2 - DOCUMENTATION OF EXPENSES: All items listed in the Eligible Expenses worksheet require corresponding documentation. Upload all corresponding documentation here. MusicianStaff_Payroll.pdf Nov ember_December_Projected.docx Adv ertising.pdf Recording.pdf Office_Rent.pdf CERTIFICATION:W e understand that failure to respond to any of the abov e items may adv ersely affect the consideration of this application. W e certify that the information contained in this application, including attachments and supporting materials, is true and correct to the best of our knowledge. Authorizing Official Name: Niccolo Muti Authorizing Official Title: Executiv e Director DocuSign Envelope ID: EDE49570-429A-4D3E-B068-2156A15A86FE