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HomeMy WebLinkAbout2020-828-E Arts Commission-FRANK 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   Franklin St Arts Collective (FRANK) Sasha Bakaric, Chair 7,500 DocuSign Envelope ID: 10D62634-D3CD-418E-A272-7AF30D0BBB83 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 Franklin Street Art Collective(" G r ant Recip ien t" ). 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 seven thousand five hundred dollars 7,500 DocuSign Envelope ID: 10D62634-D3CD-418E-A272-7AF30D0BBB83 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 7,500 DocuSign Envelope ID: 10D62634-D3CD-418E-A272-7AF30D0BBB83   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: 10D62634-D3CD-418E-A272-7AF30D0BBB83   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: 10D62634-D3CD-418E-A272-7AF30D0BBB83 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 Sasha Bakaric, Chair DocuSign Envelope ID: 10D62634-D3CD-418E-A272-7AF30D0BBB83 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:________ Franklin St Arts Collective (FRANK)Sasha Bakaric, Chair 9196364135 201 S Estes Dr, B6 Chapel Hill NC 27514 Cnty Mngr 7,500 NC Cares Grant 37601020 683011 52739 4 12-7-2020 DocuSign Envelope ID: 10D62634-D3CD-418E-A272-7AF30D0BBB83 12/8/2020 12/10/2020 12/10/2020 12/13/2020 Orange County Arts Commission Powered by Submittable Name of organization or business Franklin Street Arts Collective dba FRANK Gallery by Gallery Manager in NC CARES for the Arts Grant Program 201 South Estes Drive Suite B-6 Chapel Hill , North Carolina 27514 United States 9196364135 info@frankisart.com 10/29/2020 id. 18049647 Original application 10/29/2020 ORGANIZATION/BUSINESS INFORMATION n/a Date organization was formed 4/10/2010 Authorizing Official Sasha Bakaric Authorizing Official - phone number 9196364135 Authorizing Official - email info@frankisart.com Grant Manager - name (if different from Authorizing Official) Natalie Knox Grant Manager - phone (if different from Authorizing Official) n/a Grant Manager - email (if different from Authorizing Official) n/a Is your organization physically located in Orange County, NC? Yes DocuSign Envelope ID: 10D62634-D3CD-418E-A272-7AF30D0BBB83 Organization street or PO Box address 201 South Estes Drive, B-6 Organization City Chapel Hill Organization State North Carolina Organization Zip Code 27514 Organization website www.frankisart.com Organization Tax ID 201121059 Applicant Race/Ethnicity White, not Hispanic Legal Status:501(c)3 or 501(c)6 Nonprofit Organization IRS Determination Letter 501c3_IRS_LETTER.pdf Total operating budget (current fiscal year) 222259 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? FRANK is an artist run contemporary fine arts gallery featuring work by local artists enriching the community through exhibitions,events and arts education. DocuSign Envelope ID: 10D62634-D3CD-418E-A272-7AF30D0BBB83 Provide a brief description of your pre-pandemic core arts-related programming or offerings. FRANK Gallery is an artist collective and non-profit organization displaying and selling the work of more than 100 local and regional artists and 22 member artists. Since 2010, the Gallery has presented both visual and performing arts free to the public serving the Triangle area and in particular Chapel Hill- Carrboro. Every two months, the “hanging committee” a group of volunteer-member artists’ work to hang and display a rotating collection of work of our many artists. Specifically, in 2019, FRANK displayed 6 art exhibits with 6 opening receptions, 6 featured artist talks, 9 “Coffee and Donut” talks by local artists and community leaders, and various private tours including the Orange County Department on Aging - all of which were free for participants. The Gallery’s annual “Off the Wall Fundraiser Gala” was hosted in partnership with the Siena Hotel. The non- profit extension of FRANK, the Michael and Laura Brader-Araje Community Outreach Gallery, a physical space located in the same mall as the main gallery, partnered and hosted many arts and community organizations, events, and artist and teachers workshops, exhibits, and projects including; the National PTA Reflections show, Women Speak, Hero Books with Durham Academy, FRANK’s Karen Youth Art Group and UNC‘s Advanced Photography class, The Triangle Visual Artists “Spring Jubilee”: Art of the Triangle; Arts for Life Exhibit; showcasing the work of pediatric patients from Duke Children’s Hospital, Alamance Artisans Extravaganza Preview Show, FRANK: in Focus CLICK! Photography exhibition entitled “The Gallery as Classroom- a student / teacher Photography Exhibition”, and a series of workshops taught by local artists and instructors. The FRANK Community Gallery also hosted 2 major exhibitions by the Orange County Artists Guild including its studio tour preview. Also over the past eight years, on a weekly basis, FRANK artists and volunteers have worked with the Gallery’s Karen Youth Art Group serving local Burmese refugee students. All of these exhibits and events in 2019 saw more than more than 8100 people visiting the gallery with an additional 3150 attending events. Approximately 70% of these visitors were from the Chapel Hill Carrboro area,15% were from Durham,10% were from Raleigh/ surrounding areas and 5% were from outside the Triangle. Attendees and participants were of diverse social and cultural backgrounds. Prior to COVID-19 we had all our artists and their work on our website but very few other virtual materials other than show and event announcements. Being the gallery’s 10th anniversary year, in addition to the planned 6 exhibits, artist talks, 12 coffee and donuts talks, and various workshops, the gallery had plans to stage even more events in celebration of the milestone. To this end, from early January 2020 up until closing in mid-March, the gallery had already set-up a rotating group of student musicians to perform in the gallery during the year, 2 special art exhibits, and additional artist talks (which have since moved virtually to our website). DocuSign Envelope ID: 10D62634-D3CD-418E-A272-7AF30D0BBB83 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 effects of COVID-19 started negatively affecting the gallery in early March 2020. In keeping with Executive Order 117 on March 10th, we decided that in the best interests of the public to forego the March 13th opening reception for its March/April show and, going forward, cancelling any other planned gatherings involving large crowds. On March 16th a collective decision was made to close the gallery to the public. As time progressed all planned events, including the 10th Annual Off the Wall Fundraising Gala planned for May 2nd, were postponed in compliance with Executive Order 117. We did not reopen until June 4 2020 after the State’s elevation to Stage 2 directives and even then on a very limited basis.The gallery is still in compliance with the Governors orders with a mask requirement, social distancing and now an indoor limit of 20. The gallery stocks masks, hand sanitizing liquid, and has social distancing decals for the public’s safety. As a result of our nearly four month closure and the reality of COVID, FRANK has made a big effort to connect with the community virtually. Immediately responding to our closure on March 16,our gallery manager set up a Virtual Gallery of all exhibits and an online shop to help with sales. During closure 20% of the shop’s proceeds went to PORCH, the local Hunger Relief program. We also moved our fundraising event from our typical in-person 120+ people event to be staged via Zoom on October 10th- something we were able to accomplish with borrowed equipment and made $25,000 to cover our March-June sales shortfall. We also put artist’s talks online using IPhones and other rudimentary methods and also put the Karen Youth Arts Group’s postponed April show on line in our now virtual Community Gallery The existence of COVID has made it clear that we need to pivot our customer base and followers towards online and virtual means of communication and purchasing. This has made us acutely aware of our need to buy our own enhanced streaming and offline enabling equipment to best enable our sales and customer engagement. Given the probability of a long COVID period, we need to communicate to our customers our adherence to the necessary safety measures. Our singular employee, Gallery manager Natalie Knox, has a huge work-load and has been crucial during COVID in pivoting our business’s needs. Given her many responsibilities, it is now necessary that we employ part time technical assistance to focus both our streaming, online and social media capabilities, together with developing our online shop capabilities, This 'hybrid" approach is crucial to our survival. Even though we are currently open with reduced hours,our foot traffic has diminished greatly since pre-COVID, from averaging 25+ visitors to now 3 visitors daily. Hopefully, by reconnecting with the community through virtual means, together with an expanded appointment personal viewing system, we will be able to encourage the public to see our gallery as a safe place to stay connected with art and local artists. DocuSign Envelope ID: 10D62634-D3CD-418E-A272-7AF30D0BBB83 Please explain the impact of your organization on the Orange County community in a typical year. FRANK Gallery is the only art gallery in Chapel Hill, its dual function as a fine arts gallery with a nonprofit status has made it into a powerful artistic force in southern Orange County. Specifically, it is the showcase for and selling point of the work of over 100 local artists representing diverse media. Until April 2020, the Gallery provided a venue for nonprofit organizations to exhibit their work and respective functions in the Community Gallery which has since closed because of mall redevelopment. Specifically, we provided a venue for the 160 members of the Orange County Artists Guild to stage their first ever physical exhibit giving them a higher profile in the County which ultimately benefited the County’s visual arts profile and tax base. FRANK Gallery over the past 10 years has regularly enhanced the lives of over 100 local artists, together with the lives of its 45 plus Karen Youth Art Group, all Burmese refugee students stemming from refugee camps in Thailand. The Karen Community in particular has benefitted particularly from FRANK support enabling some of its young people to attend community and 4 year colleges and to become local cultural leaders. We have one student who is a “stand out” Fine and Digital arts student at UNC Greensboro with his sights on a career with Disney. FRANK has also proved a valuable meeting place for the community and artists, consequently elevating the status of local fine arts. We send valuable sales taxes to Orange County underscoring the fact that the arts are a very important economic entity in our County. Furthermore, by hosting arts organizations in our Community Gallery for the past ten years (both at our Franklin Street and University Place locations); we have enabled many local arts organizations to grow and also enhance the County’s tax base through this growth. The community's response to our physical re-opening in early June and to our recent online initiatives has been tremendous. This support was underscored in our recent online October 10th "Off The Wall" fundraising gala. We pride ourselves in being an approachable place for the community in which to view and learn about the arts, no matter one’s background, and are focused on sharing the talents of our artists' community with anyone that wants to learn more about us. Having started to widen the gallery's reach through rudimentary virtual means, we are already receiving positive responses from customers and patrons from outside the Triangle and even from outside the State. Expanding our reach will further enhance Orange County's visibility as an arts destination and the careers of many of our local exhibiting artists . 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: 10D62634-D3CD-418E-A272-7AF30D0BBB83 Number of Staff Positions Furloughed/Hours Reduced March 15 - October 15 0 Number of Public Events Cancelled March 15 - October 15 6 Total Lost Attendance, March 15-October 15 1000 Number of Artists paid March- September, 2019 62 Number of Artists paid March- September, 2020 43 FINANCIAL INFORMATION n/a 2018-19 (2019) Actual FY Income 223508 2018-19 (2019) Actual FY Expense 210470 2019-20 (2020) Actual Income (year to date) 118874 2019-20 (2020) Actual Expense (year to date) 123490 2020-21 (2021) Budgeted Income 152089 2020-21 (2021) Budgeted Expense 160899 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) FRANK_2017_990.pdf FRANK_2018_990.pdf FRANK_2019_990.pdf Upload Year-to-Date Profit and Loss or financial statement DocuSign Envelope ID: 10D62634-D3CD-418E-A272-7AF30D0BBB83 Frank_Gallery_PL_thru_Sept_2020.pdf Upload Year-to-Date Balance Sheet Frank_Gallery_Balance_Sheet_thru_Sept_2020.pdf ELIGIBLE EXPENSES n/a Incurred Expenses n/a CARES Funding Already Received 3057a518-2f78-4d9b-bf65-0b8bcbb2b6dc.xlsx Non-CARES Funding Recieved d33fb467-37e0-429e-9b92-6d76f2e03d70.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: 10D62634-D3CD-418E-A272-7AF30D0BBB83