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HomeMy WebLinkAbout2020-840-E Arts Commission-Hillsborough Arts Council 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   Hillsborough Arts Council Torey Mishoe, Executive Director 10,000 DocuSign Envelope ID: F14BDFFF-E002-4842-A89D-4AEBB13BF98C 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 " ) and Hillsborough Arts Council ("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 ten thousand dollars 10,000 DocuSign Envelope ID: F14BDFFF-E002-4842-A89D-4AEBB13BF98C 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: F14BDFFF-E002-4842-A89D-4AEBB13BF98C   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: F14BDFFF-E002-4842-A89D-4AEBB13BF98C   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: F14BDFFF-E002-4842-A89D-4AEBB13BF98C 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 Torey Mishoe, Executive Director DocuSign Envelope ID: F14BDFFF-E002-4842-A89D-4AEBB13BF98C 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:________ Hillsborough Arts Council Torey Mishoe, Executive Director 9196432500 102 N Churton St Hillsborough NC 27278 Cnty Mngr 10,000 NC Cares Grant 37601020 683011 19946 4 12-7-2020 DocuSign Envelope ID: F14BDFFF-E002-4842-A89D-4AEBB13BF98C 12/8/2020 12/8/2020 12/8/2020 12/8/2020 Orange County Arts Commission Powered by Submittable Name of organization or business Hillsborough Arts Council by Torey Mishoe in NC CARES for the Arts Grant Program 102 N. Churton St. Hillsborough, North Carolina 27278 NC United States 9196432500 programs@hillsboroughartscouncil.org 10/30/2020 id. 18062995 Original application 10/30/2020 ORGANIZATION/BUSINESS INFORMATION n/a Date organization was formed 01/01/1987 Authorizing Official Torey Mishoe, Executive Director Authorizing Official - phone number 9196432500 Authorizing Official - email director@hillsboroughartscouncil.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) director@hillsboroughartscouncil.org Is your organization physically located in Orange County, NC? Yes Organization street or PO Box address 102 N. Churton St. DocuSign Envelope ID: F14BDFFF-E002-4842-A89D-4AEBB13BF98C Organization City Hillsborough Organization State North Carolina Organization Zip Code 27278 Organization website www.hillsboroughartscouncil.org Organization Tax ID 562163979 Applicant Race/Ethnicity White, not Hispanic Legal Status:501(c)3 or 501(c)6 Nonprofit Organization IRS Determination Letter Tax_Exemption_Letter_Hillsborough_Arts_Council.pdf Total operating budget (current fiscal year) 171438 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 Hillsborough Arts Council (HAC), a volunteer- driven organization, is to enrich the community through the arts. HAC achieves this by: - fostering an appreciation of the arts - engaging diverse audiences in events and programs - connecting artists, organizations, and audiences. Provide a brief description of your pre-pandemic core arts-related programming or offerings. For more than thirty years, the Hillsborough Arts Council (HAC) has developed and provided arts events, programs, and educational opportunities for the people of Hillsborough and surrounding communities. HAC is committed to providing access to the arts for educational enrichment, community development, and economic prosperity. HAC typically offers twelve arts programs and events annually. These programs are as follows: Last Fridays Art Walk: Art Walk featuring local galleries and artist studios in historic downtown Hillsborough on the Last Friday of every month (January-November). Parlor Concerts: Classical, jazz, and folk set in historic homes in DocuSign Envelope ID: F14BDFFF-E002-4842-A89D-4AEBB13BF98C Hillsborough (January-April, dates vary). Last Fridays: Concert Series: Music, crafts, performers, film, and visual art on the Last Friday of every month (April-September). Art in the Heart of Hillsborough Art Fair: A juried show and sale of local arts and crafts in the spring of each year (April). Paint it Orange: Plein Air Paint Out: Artists paint outside at any location in Orange County for the annual plein air competition and Wet Paint art sale (September). River Park Concert: A one-day music festival featuring local and regional musicians and food, drinks, and other vendors (October). Handmade Parade: A parade featuring larger-than-life handmade puppets, costumed marchers, and a variety of performers (October, even years only). Solstice Lantern Walk: A community celebration of the winter solstice with a lantern processional along Riverwalk (December). HAC Gallery and Gift Shop: A mix of local artisan goods, crafts, and fine art available for sale in downtown Hillsborough (ongoing). ArtCycle: The collection of art supplies donated by community members for redistribution to schools and community centers (ongoing). Public Art: A program committed to bringing new public art projects to Hillsborough and fostering an appreciation for art in public spaces (ongoing). Classic Film Society: Monthly film screenings accompanied by a lecture from a scholar on the film or a related topic (ongoing). In the response to restrictions on gatherings brought on by COVID- 19, HAC has implemented new programs that follow the mandated crowd size put in place by local and state governments. These include: HAC Writer’s Series: An online series of interviews, readings, and creative writing prompts from local authors to showcase the depth of talented writers in Hillsborough and surrounding areas. Mobile Community Stage: a towable platform stage used to host musicians and performers for short sets throughout downtown and surrounding neighborhoods. Events are designed for residents to enjoy the arts in locations that ensure safe gathering sizes with recommended social distancing. DocuSign Envelope ID: F14BDFFF-E002-4842-A89D-4AEBB13BF98C 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. Executive Order 117 had a direct and challenging impact on HAC. The suspension of programming and events in the spring led to financial losses from event revenue, vendor fees, donations, and sale of goods. From the start, HAC followed the strict “stay at home” guidelines laid out by the State of North Carolina including closure of retail spaces and suspension of events that drew crowds larger than a specified size. In the period from March to July, HAC canceled or postponed eight events and closed the Gallery and Gift Shop. Staff and volunteers were required to work from home with HAC office space limited to one person at a time on a reservation-only basis to avoid the risk of spreading COVID-19 among staff and volunteers. Since March, HAC has conducted an ongoing review of each program to determine the best course of action. Programs are carefully assessed in terms of feasibility of a shift to online, volunteer availability, level of risk to create and deliver the program, and other factors. Volunteers and stakeholders were surveyed to assess their comfort level and requirements for returning to in-person events once permitted. The results of these surveys are helpful as HAC works towards the creation of safe, online programming and prepares a written plan with detailed procedures for phased reopening or the possibility of a repeat closure. It is critical for the ongoing operations of HAC that all of the necessary steps are in place ahead of any future orders similar to Executive Order 117. HAC programs have suffered from indefinite postponement as a result of the “stay at home order” and safety risks involved in gatherings with large numbers. HAC was fortunate to have a great team of staff and volunteers to help the organization pivot quickly into the “new normal” and take on some of the big COVID-related issues. When feasible, programs were adapted to fit a scaled-back, online platform, and new programs were developed. While there is still no date for a return to regular programming, programs developed to reach a socially-distanced audience are helping HAC to continue to fulfill its mission of enriching our community through the arts. DocuSign Envelope ID: F14BDFFF-E002-4842-A89D-4AEBB13BF98C Please explain the impact of your organization on the Orange County community in a typical year. The mission of the Hillsborough Arts Council (HAC), a volunteer- driven organization, is to enrich the community through the arts. HAC achieves this by fostering an appreciation of the arts, engaging diverse audiences in events and programs, and connecting artists with audiences. HAC strives to fulfill its mission by directly serving a wide and diverse audience of residents and artists in Hillsborough and Northern Orange County. HAC collaborates with municipal and community organizations to reach residents, tourists, and visitors, and find innovative ways to bring programming to at-risk and isolated communities. HAC’s twelve ongoing and annual programs are all specifically designed to promote creativity and involvement with arts in the Hillsborough community. Among HAC’s programs there are participatory events such as the Handmade Parade, Solstice Lantern Walk, Art Walk, and concerts for different size audiences including the Parlor and Garden Concerts, River Park Concert, and Last Fridays Concerts. In addition, there are opportunities to view and purchase artworks during Art Walk and Art in the Heart of Hillsborough Art Fair. HAC also directly supports local artists through sales at the Gallery and Gift Shop and through public arts projects. HAC takes pride in being inclusive with outreach and educational elements for all programs, working with schools and community centers throughout the year to encourage creativity by local residents and create opportunities to engage with the arts. Prior to the COVID-19 pandemic, HAC served 30,000-35,000 people annually through events and programs. This included about 50% Hillsborough residents, 25% residents from other areas of Orange County, and 25% non-Orange County residents. Racial, socioeconomic, and gender demographics vary based on program. HAC is committed to creating access to the arts for all without exception. 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 Number of Staff Positions Furloughed/Hours Reduced March 15 - October 15 0 Number of Public Events Cancelled March 15 - October 15 7 DocuSign Envelope ID: F14BDFFF-E002-4842-A89D-4AEBB13BF98C Total Lost Attendance, March 15-October 15 12400 Number of Artists paid March- September, 2019 105 Number of Artists paid March- September, 2020 62 FINANCIAL INFORMATION n/a 2018-19 (2019) Actual FY Income 190831 2018-19 (2019) Actual FY Expense 156525 2019-20 (2020) Actual Income (year to date) 196637 2019-20 (2020) Actual Expense (year to date) 208057 2020-21 (2021) Budgeted Income 171438 2020-21 (2021) Budgeted Expense 141241 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) HAC_FY1819_Form_990.pdf 990_FY_17-18.pdf HAC_FY1617_Form_990.pdf Upload Year-to-Date Profit and Loss or financial statement HAC_PL_FYTD_Thru_Oct_27_2020.pdf Upload Year-to-Date Balance Sheet HAC_Balance_Sheet_Oct_30_2020.pdf ELIGIBLE EXPENSES n/a Incurred Expenses 836430d3-b731-454e-9384-2652f589e6b9.xlsx DocuSign Envelope ID: F14BDFFF-E002-4842-A89D-4AEBB13BF98C CARES Funding Already Received 48e95f3e-fe07-4a21-8eed-3508eef3b84f.xlsx Non-CARES Funding Recieved 56111182-af5d-4b32-afe6-aaa34cd17c9e.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: F14BDFFF-E002-4842-A89D-4AEBB13BF98C