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Home My WebLink About2020-842-E Arts Commission-WHUO 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 Community Media/WHUP Robert Burtman, President 3,000 DocuSign Envelope ID: 04B50F7F-A227-4C6A-B175-45775DBC36D2 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 Community Media/WHUP ("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 three thousand dollars 3,000 DocuSign Envelope ID: 04B50F7F-A227-4C6A-B175-45775DBC36D2 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 3,000 DocuSign Envelope ID: 04B50F7F-A227-4C6A-B175-45775DBC36D2 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: 04B50F7F-A227-4C6A-B175-45775DBC36D2 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: 04B50F7F-A227-4C6A-B175-45775DBC36D2 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 Robert Burtman, President DocuSign Envelope ID: 04B50F7F-A227-4C6A-B175-45775DBC36D2 12/8/2020 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:________ Hillsborough Community Media/WHUP Robert Burtman, President 9196432999 117 W King St Hillsborough NC 27278 Cnty Mngr 3,000 NC Cares Grant 37601020 683011 62977 4 12-7-2020 DocuSign Envelope ID: 04B50F7F-A227-4C6A-B175-45775DBC36D2 12/8/2020 12/8/2020 12/9/2020 12/13/2020 Orange County Arts Commission Powered by Submittable Name of organization or business Hi l l sborough Communi ty Medi a / WHUP by Bob Burtman in NC CARES for the Arts Grant Program 117 W. King St. Hillsborough, North Carolina 27278 United States 919-296-1169 info@whupfm.org 10/30/2020 id. 18063440 Original application 10/30/2020 ORGANIZATION/BUSINESS INFORMATION n/a Date organization was formed 03/23/2010 Authorizing Official Robert Burtman, President Authorizing Official - phone number 9196432999 Authorizing Official - email info@whupfm.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) n/a Is your organization physically located in Orange County, NC? Yes Organization street or PO Box address 117 W . King St. DocuSign Envelope ID: 04B50F7F-A227-4C6A-B175-45775DBC36D2 Organization City Hillsborough Organization State NC Organization Zip Code 27278 Organization website https://whupfm.org/ Organization Tax ID 274313350 Applicant Race/Ethnicity W hite, not Hispanic Legal Status:501(c)3 or 501(c)6 Nonprofit Organization IRS Determination Letter HCM_-_IRS_tax-exemption_letter.pdf Total operating budget (current fiscal year) 0 Are 25% or more of your annual expenses related to the visual, performing or literary arts? Yes NARRATIVE n/a W hat is the mission of your organization? W HUP is an independent radio station reflectiv e of an expansiv e community with div erse points of v iew, relev ant insights and thought-prov oking ideas, prov iding an eclectic mix of programming with a local and regional focus and character while spotlighting issues and music with a univ ersal appeal. A clearinghouse and catalyst for the wealth of creativ e talent and energy in the region, W HUP endeav ors to create mutually beneficial relationships with local institutions, area businesses, our v olunteer base and our listeners in an effort to strengthen the fabric and adv ance the health of the community. DocuSign Envelope ID: 04B50F7F-A227-4C6A-B175-45775DBC36D2 Provide a brief description of your pre-pandemic core arts-related programming or offerings. Since its inception in October of 2015, W HUP has offered an eclectic mix of music, arts and public affairs programming with an emphasis on local. About 95 percent of W HUP's air time is dedicated to music and the arts; more than 800 musicians hav e performed liv e in the W HUP studios, and an equal number of arts-related guests from the community hav e appeared on v arious programs to talk about their work in film, theater and the v isual arts. All our in-house liv e recordings are av ailable in perpetuity as archiv es on the W HUP website and hav e been heard by thousands of listeners from across the country and beyond. Our music programs, which can also be heard on demand for a minimum of two weeks as allowed by federal copyright law, routinely feature local recorded music. W HUP also promotes arts ev ents and activ ities throughout Orange County during its broadcasts, in particular during the morning news show's community calendar segment but also throughout the day. And we hav e been a media sponsor of multiple area arts ev ents and/or serv ed as fiscal agent for community groups needing a 501(c)3 organization behind them. 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. W HUP curtailed its liv e in-studio music sessions beginning in March, first pausing them entirely and then limiting them to two musicians in addition to the host in order to comply with social distancing requirements. W e instituted a rigorous cleaning protocol including daily sanitizing of all equipment and surfaces in the studio, and show hosts broadcasting liv e must now allow a minimum of 10 minutes between their departure and the arriv al of the next host, who is required to sanitize the workstation again before going on the air. W e also canceled sev eral public fundraising ev ents that could not be produced and still comply with Executiv e Order 117. DocuSign Envelope ID: 04B50F7F-A227-4C6A-B175-45775DBC36D2 Please explain the impact of your organization on the Orange County community in a typical year. W HUP offers an outlet for important v oices in the community who hav e difficulty accessing conv entional telev ision and radio media that were traditionally open to them. Musicians, especially those who are not already commercially successful, face unprecedented obstacles to getting their music played on radio. W HUP is one of the few outlets in the Triangle and North Carolina that not only prov ides a platform for those musicians but seeks them out and encourages them to perform in our studios and prov ide us with their recorded music. This relationship with musicians in the community is central to our mission, which is one reason why we donated half the proceeds from our fall fundraiser to Orange County musicians struggling to make ends meet during the pandemic. The response to this community focus from listeners has been ov erwhelmingly positiv e as ev idenced by the more than $4,000 W HUP raised for local musicians during the fundraiser. But W HUP's impact is not limited to arts circles or those who listen to local bands - our reach, while concentrated in the Triangle, extends across the country and in fact the world, and our online analytics show that our listenership has more than doubled in the last two years. W e routinely feature conv ersations with people in the community representing nonprofits, local businesses, the univ ersities and area school districts, gov ernment agencies, our agricultural sector and any other groups doing interesting work. Our consistent promotion of the arts and other institutions in Hillsborough and Orange County is one reason why the Hillsborough Tourism Board and Tourism Dev elopment Authority hav e contracted with W HUP as part of their outreach efforts. Through these interactions we connect residents with serv ices and otherwise spotlight the achiev ements of those who make the county a special place to liv e. 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 2 DocuSign Envelope ID: 04B50F7F-A227-4C6A-B175-45775DBC36D2 Total Lost Attendance, March 15-October 15 200 Number of Artists paid March- September, 2019 0 Number of Artists paid March- September, 2020 0 FINANCIAL INFORMATION n/a 2018-19 (2019) Actual FY Income 21955.07 2018-19 (2019) Actual FY Expense 24184.16 2019-20 (2020) Actual Income (year to date) 26618.27 2019-20 (2020) Actual Expense (year to date) 25134.86 2020-21 (2021) Budgeted Income 30000 2020-21 (2021) Budgeted Expense 27000 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) W HUP_-_2018_Form_990_EZ.pdf W HUP_-_2017_Form_990EZ.pdf W HUP_-_2019_Form_990_Extension_Filed.pdf Upload Year-to-Date Profit and Loss or financial statement W HUP_2020_YTD_Financial_Statement_Unaudited.docx Upload Year-to-Date Balance Sheet n/a ELIGIBLE EXPENSES n/a Incurred Expenses 6b062ccb-173f-42f6-a80d-1e3edfbf811e.xlsx DocuSign Envelope ID: 04B50F7F-A227-4C6A-B175-45775DBC36D2 CARES Funding Already Received 2296ee74-066b-443f-8a28-20add71f3950.xlsx Non-CARES Funding Recieved da1cf435-3159-418b-ab02-030259ad77ad.xlsx ACKNOW LEDGMENT 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 representativ e of the entity named abov e and can bind the entity to the terms of this Agreement. If funds are prov ided by NC CARES, the funds will be used for the purposes set forth abov e. I bear full responsibility for any and all tax consequences of receiv ing 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 discov ery that any of the information set forth abov e is inaccurate, that these terms hav e been v iolated, or any prov ision of the Grant Program has been v iolated. If funded, the applicant will prov ide documentation as ev idence for future expenses. Documents such as receipts, bill/inv oices, monthly financial statements, and payroll ledgers. DocuSign Envelope ID: 04B50F7F-A227-4C6A-B175-45775DBC36D2