HomeMy WebLinkAbout2020-825-E Arts Commission-Chelsea Theatre 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
Chelsea Theater
Emily Kass, Executive Director
5,000
DocuSign Envelope ID: C2DFBA68-8631-4334-B9F8-EB0D76E7F376
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 Chelsea Theater ("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
7 December
five thousand dollars
5,000
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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
5,000
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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: C2DFBA68-8631-4334-B9F8-EB0D76E7F376
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: C2DFBA68-8631-4334-B9F8-EB0D76E7F376
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
Emily Kass, Executive Director
DocuSign Envelope ID: C2DFBA68-8631-4334-B9F8-EB0D76E7F376
12/8/2020
12/8/2020
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:________
Chelsea Theater Emily Kass, Executive Director 9194481844 1129 Weaver Dairy Rd Suite AB
Chapel Hill NC 27514 Cnty Mngr 5,000 NC Cares Grant 37601020 683011
65826
4 12-7-2020
DocuSign Envelope ID: C2DFBA68-8631-4334-B9F8-EB0D76E7F376
12/8/2020
12/8/2020
12/8/2020
12/8/2020
Orange County Arts Commission Powered by Submittable
Name of organization
or business Chelsea Art Theater, Inc
by Emily Kass in NC CARES for the Arts Grant
Program
Chelsea Theater
1129 Weaver Dairy Road Ste AB
Chapel Hill, North Carolina
27514
United States
919-448-1844
emily.kass@thechelseatheater.org
10/31/2020
id. 18070902
Original application 10/31/2020
ORGANIZATION/BUSINESS
INFORMATION
n/a
Date organization
was formed
01/17/2018
Authorizing Official Emily Kass
Authorizing Official -
phone number
9194481844
Authorizing Official -
email
emily.kass@thechelseatheater.org
Grant Manager -
name (if different
from Authorizing
Official)
n/a
Grant Manager -
phone (if different
from Authorizing
Official)
n/a
Grant Manager -
email (if different
from Authorizing
Official)
emily.kass@thechelseatheater.org
Is your organization
physically located in
Orange County, NC?
Yes
Organization street
or PO Box address
1129 Weaver Dairy Road Suite AB
DocuSign Envelope ID: C2DFBA68-8631-4334-B9F8-EB0D76E7F376
Organization City Chapel Hill
Organization State North Carolina
Organization Zip
Code
27514
Organization website www.thechelseatheater.org
Organization Tax ID 824309682
Applicant
Race/Ethnicity
White, not Hispanic
Legal Status:501(c)3 or 501(c)6 Nonprofit Organization
IRS Determination Letter
IRS501c3ruling.pdf
Total operating
budget (current fiscal
year)
584000
Are 25% or more of
your annual
expenses related to
the visual, performing
or literary arts?
Yes
NARRATIVE n/a
What is the mission
of your organization?
The mission of the Chelsea Theater is: To promote the appreciation
and understanding of film by presenting a mix of first run,
independent, international, documentary, classic, and specialty films
and offering special events, educational programs and community
outreach.
DocuSign Envelope ID: C2DFBA68-8631-4334-B9F8-EB0D76E7F376
Provide a brief
description of your
pre-pandemic core
arts-related
programming or
offerings.
In line with our mission statement the Chelsea has a tradition of
presenting films that are not otherwise available to be seen in
commercial theaters or on streaming services. Unlike mass market
movies, films shown at the Chelsea are typically intended by their
makers as serious artistic works, often experimental, and often made
for niche audiences.
These tend to be independent films that are less commercial and
have limited distribution. While the majority of our audience are
Orange County residents, many travel from other parts of the
Triangle and beyond. Demographically, our audience skews on the
older side of fifty, which is typical of arthouse theaters across the
country, but films also appeal to artists and students. We estimate
that racial composition is approximately 79% Caucasian, 12% Black
or African American, 6% Asian, and 3% Hispanic or Latino. This is
based on informal surveys that compare audience composition with
the diversity of films shown. Gender makeup is approximately 60%
female.
Additional information is included two sections below.
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.
The Chelsea Theater officially closed on March 16 and laid off part
time staff responsible for on - site ticketing, concessions, and
projection. The theater has remained closed ever since. We
“mothballed” our facility and retained only the two full time staff to
maintain equipment, administration, donor relations and fundraising
to make sure we could weather the pandemic. At the time of closing,
we optimistically believed it would be “safe” to reopen within two or
so months. However, as extended closure became apparent, and
with increasing knowledge about transmission and necessary
precautions required, our board decided to take dramatic action to
ensure that upon reopening we would be deemed safe and
welcoming to the public for years to come.
When we acquired the Chelsea in 2018, we had intended to raise
funds to upgrade the interiors, whose seats, screens and various
fixtures were already in serious stages of disrepair. Thus, with time
on our side, we embarked on an immediate fundraising campaign
and began a total renovation, from seats to sound systems to
restrooms, to lobby, ticketing and concessions area. All renovations
are in accordance with, and go well beyond, the requirements of
Section 3 of Executive Order 117, as we keep up with new information
provided by the State, County, CDC and all reputable sources.
Renovations will be complete in mid-November. Fundraising,
conducted primarily through direct mail and telephone, has been
successful and we expect to cover all renovations costs. The theater
has also adopted CinemaSafe, the uniform health and safety
protocols issued by the National Association of Theater Owners.
Please explain the
impact of your
organization on the
Orange County
community in a
typical year.
In 2018 the Chelsea Theater became this area’s only nonprofit
dedicated solely to the appreciation and understanding of film. In
2019 nearly 47,000 people purchased tickets to attend films at the
Chelsea. With a three-screen theater and operating 365 days a year
until March 16, 2020, the Chelsea shows a mix of first run,
independent, international, documentary, classic and specialty films.
We present diverse films that reflect the makeup of the county,
DocuSign Envelope ID: C2DFBA68-8631-4334-B9F8-EB0D76E7F376
including works by Black, Latin American, Asian/Asian American,
Caucasian, and many International filmmakers.
We define our impact in several ways:
Educational: Educational programs and special events are offered on
a regular basis, frequently with community partners. Hundreds more
participated in non-box-office ticketed courses, and special
programs with various departments at UNC and our partnership with
Duke University’s OLLI that draw from across the Triangle. Monday
evening and weekend special events include films and conversations
with local experts on a variety of topics. All films and programs are
offered with discounts for senior citizens and students and matinee
pricing. Before closing, we were building relationships with UNC’s film
studies program; with Duke University’s Department of Asian and
Middle Eastern Studies; and with the Consortium of Latin American
Studies at UNC and Duke.
Economic: Located within the Timberlyne Shopping Center adjacent
to a number of small, locally owned restaurants, the Chelsea
supports these businesses by encouraging dining and going to a
movie. (lunch and dinner)
Tourism: Although we make no claim for luring overnight tourists, the
Chelsea is a destination for film lovers not only from Orange County
but also throughout the Triangle and beyond. We also offer a
reciprocal membership program with other arthouse theaters across
the country and have welcomed visitors from many other states.
Social: Due to our community focus and scale, we offer valuable
social support to our many senior citizen attendees for whom going
out to a movie can help boost memory and cognitive health. The
availability of equipment to aid hearing and sight impaired visitors,
monthly open caption matinees, convenient parking, and most
importantly our friendly and helpful employees, combine to make the
movie going experience easier and less stressful to navigate for
people of all ages.
Support for Orange County Artists: As a youngish presenting
organization, we continue to develop ways to support artists. Our
part time employees are largely filmmakers, art and film students. We
have hired Orange County-based graphic designers and filmmakers
to create original pre-show content and website design. Since
closing, we initiated Chelsea Selects: A Lens on the Triangle, a virtual
series of curated films which has provided some minimal income and
exposure to Orange County artists. One highly successful event was
the presentation of The Price of Everything, in collaboration with the
OCAC, followed by a panel discussion featuring artists, a collector,
and the Ackland museum director, which drew a sold-out audience
including many artists. We hope to use the medium of film in the
future to engage artists in many disciplines for conversation,
edification and more.
DocuSign Envelope ID: C2DFBA68-8631-4334-B9F8-EB0D76E7F376
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
6 PT
Number of Staff
Positions
Furloughed/Hours
Reduced March 15 -
October 15
1PT
Number of Public
Events Cancelled
March 15 - October
15
576
Total Lost
Attendance, March
15-October 15
27000
Number of Artists
paid March-
September, 2019
5
Number of Artists
paid March-
September, 2020
4
FINANCIAL
INFORMATION
n/a
2018-19 (2019)
Actual FY Income
556772
2018-19 (2019)
Actual FY Expense
527397
2019-20 (2020)
Actual Income (year
to date)
256683
2019-20 (2020)
Actual Expense (year
to date)
350166
2020-21 (2021)
Budgeted Income
527600
2020-21 (2021)
Budgeted Expense
522215
DocuSign Envelope ID: C2DFBA68-8631-4334-B9F8-EB0D76E7F376
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)
Chelsea_2018_Form_990.pdf
Chelsea_2019___Form990Package_complete_pdf.pdf
Upload Year-to-Date Profit and Loss or financial statement
Oct_30_PL.pdf
Upload Year-to-Date Balance Sheet
Oct_30_Balance_sheet.pdf
ELIGIBLE
EXPENSES
n/a
Incurred Expenses
71d1f243-0916-4aec-bd76-1323d5771a70.xlsx
CARES Funding Already Received
6a020abd-6e4b-4d77-8e55-230b000ec04e.xlsx
Non-CARES Funding Recieved
1912f6a9-a2aa-4380-a0e4-2a49f63aa91a.xlsx
ACKNOWLEDGMENT 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 representative of the entity named above
and can bind the entity to the terms of this Agreement.
If funds are provided by NC CARES, the funds will be used for the
purposes set forth above.
I bear full responsibility for any and all tax consequences of receiving
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
discovery that any of the information set forth above is inaccurate,
that these terms have been violated, or any provision of the Grant
Program has been violated.
If funded, the applicant will provide documentation as evidence for
future expenses. Documents such as receipts, bill/invoices, monthly
financial statements, and payroll ledgers.
DocuSign Envelope ID: C2DFBA68-8631-4334-B9F8-EB0D76E7F376