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Home My WebLink About2020-862-E Arts Commission-The Arts Center 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 The ArtsCenter Dan Mayer, Executive Director 15000 DocuSign Envelope ID: 7676AA4F-A842-45BE-ABD8-BCF64A11EEF8 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 The ArtsCenter ("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 fifteen thousand dollars 15000 DocuSign Envelope ID: 7676AA4F-A842-45BE-ABD8-BCF64A11EEF8 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 15000 DocuSign Envelope ID: 7676AA4F-A842-45BE-ABD8-BCF64A11EEF8 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: 7676AA4F-A842-45BE-ABD8-BCF64A11EEF8 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: 7676AA4F-A842-45BE-ABD8-BCF64A11EEF8 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 Dan Mayer, Executive Director DocuSign Envelope ID: 7676AA4F-A842-45BE-ABD8-BCF64A11EEF8 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:________ The ArtsCenter Dan Mayer, Executive Director 919-929-2787 300-G E Main St Carrboro NC 275010 Cnty Mngr 15000 NC Cares Grant 37601020 683011 5383 4 12-7-2020 DocuSign Envelope ID: 7676AA4F-A842-45BE-ABD8-BCF64A11EEF8 12/8/2020 12/8/2020 12/8/2020 12/8/2020 Orange County Arts Commission Powered by Submittable Name of organization or business The ArtsCenter by Fleming Samuels in NC CARES for the Arts Grant Program 300-G East Main Street Carrboro, North Carolina 27510 North Carolina United States 9845004522 f samuels@artscenterlive.org 10/30/2020 id. 18069884 Original application 10/30/2020 ORGANIZATION/BUSINESS INFORMATION n/a Date organization was formed 9/1/1970 Authorizing Official Fleming Samuels, Dev elopment Director Authorizing Official - phone number 9199292787 Authorizing Official - email fsamuels@artscenterliv e.org Grant Manager - name (if different from Authorizing Official) Fleming Samuels Grant Manager - phone (if different from Authorizing Official) n/a Grant Manager - email (if different from Authorizing Official) fsamuels@artscenterliv e.org Is your organization physically located in Orange County, NC? Yes Organization street or PO Box address 300-G East Main Street DocuSign Envelope ID: 7676AA4F-A842-45BE-ABD8-BCF64A11EEF8 Organization City Carrboro Organization State North Carolina Organization Zip Code 27510 Organization website www.artscenteriv e.org Organization Tax ID 510198497 Applicant Race/Ethnicity W hite, not Hispanic Legal Status:501(c)3 or 501(c)6 Nonprofit Organization IRS Determination Letter Attachment_F_IRS_Tax_Exemption_Letter___The_ArtsCenter.pdf Total operating budget (current fiscal year) 1618056 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? The ArtsCenter exists in order to educate and inspire artistic creativ ity and to enrich the liv es of people of all ages. The v ision of The ArtsCenter is to create an educational env ironment that prov ides opportunities, inspiration and tools to people of all ages and skill lev els to participate in the arts. DocuSign Envelope ID: 7676AA4F-A842-45BE-ABD8-BCF64A11EEF8 Provide a brief description of your pre-pandemic core arts-related programming or offerings. Our usual performance season begins in August, and concludes in June. Patrons can come one week and enjoy jazz from Branford Marsalis or v isit another week and see a play produced by a local theater company. Field trips v isit our School Series performances and fill the 300-seat theater watching performances from Virginia Repertory Company and Queen Nur help school aged children learn to increase empathy and the ability to see another person’s point of v iew through stories of other people’s cultural experiences. W e are committed to growing our community to a place of div ersity and equity where all v oices hav e a stage. Our year round ArtSchool offers v aried exposure from ceramics to digital arts offerings, we help people increase their psychological well-being and allow teenagers to explore artistic fields that enhance their ability to creativ ely solv e problems and communicate with others. W e offer ov er 350 classes a year where anyone can walk in and take a class regardless of financial capacity or ability. W e are proud that our ArtSchool is the largest resource in Orange County for all learners to come explore their creativ e capacity. Our Youth Programs are another facet of our education department that promotes div ersity and inclusiv ity. W e are proud that our Youth Education Department has arts programs in our Afterschool Arts Immersion program and in our Arts in Residence Program based in Title 1 schools. Our summer program, ArtsCamp, that has educated generations of attendees in our 40+ year history. For 10 weeks ov er the summer ArtsCamp offers ov er 140 classes in div erse media from fiber arts to digital exploration. W e hav e former campers who are now camp parents and bringing back their children to engage in the new arts experiences we prov ide. W e now teach children ten weeks all summer how to make and design their own textile projects, write a play, compose digital music, and study creativ e writing. Our v isual arts galleries are the largest public facility for arts exhibition space. W ith two galleries one for established local artists, The Nicholson Gallery, and a second for less established artists called the Emerging Artists Gallery, we v alue the relationships we hav e with our local guilds and artist collectiv es as their primary exhibition space annually. W e offer 24 exhibitions a year, 12 in the main gallery and 12 in the emerging artist space. W e also facilitate a creativ e economy by adding an annual bazaar, The Elf Fair, for local artists to not only exhibit their work, but learn how to market and sell their pieces. Elf Market is The ArtsCenter’s 15th annual one-day holiday market inv iting local artists and crafts persons to sell their work. Each year, the market fills the entire building, accommodating 45 v endors, children’s activ ities, and local merchant specials in the 300 East Main Shopping Center. In 2019 we had a record number of v endors and v isitors with ov er 1600 people v isiting our building throughout the day. DocuSign Envelope ID: 7676AA4F-A842-45BE-ABD8-BCF64A11EEF8 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 ArtsCenter was hit extremely hard by the COVID-19 pandemic. As a performing arts v enue and a state arts resource that prov ides classes to all ages, we were one of the first organizations that had to start cancellations before the stay-at-home orders came from the gov ernor. Almost all the shows in our Spring Season were cancelled and partner shows with dramatic and performing arts organizations were cancelled as well. W e also closed our ArtSchool and open ceramics departments and our drawing and painting classes. As there was no programming to run, we furloughed three full time staff with full benefits and kept a few managers on at 2/3 time to help manage grants and continue working to piv ot into new programming. W ith a plan in place, we were finally able to bring back our ArtSchool Director and our Youth Programs manager but the loss of rev enue in their departments is staggering. In our AfterSchool Arts Immersion program alone, we went from tuition rev enue of about $20,000 a month, to zero for the last three months of school. This program (AAI) helps pay for our free programming to the schools in rural Orange County to hav e artist in residence and touring performance artists come to their school at no cost. Our summer arts camp has lost rev enue from the reduction in weeks of camp that we hav e offered, as well as enrollment. W e had to reduce the number of students in each classroom and cut the weeks of camp offered from 10 weeks to 6 weeks. W e also had to cancel many classes outright as it would not be possible to hav e them with appropriate social distancing. Ceramics, metalsmithing, and photography all fell v ictims to the social distancing orders. W e will be offering six weeks of camp and hav e lowered our enrollment minimums to offer programming for essential workers and a safe place for children to explore creativ ity and personal expression. W e estimate the loss in rev enue to be around $400,000 so far. Obv iously our expenses hav e reduced, but the fixed costs of maintaining our building from the roof to the air conditioner are required to prepare for camps. Hiring cleaning staff to come ev ery day will be expensiv e but necessary. Paying teaching artist salaries will be important as well, as we are one of the few agencies in the area hiring artists for instruction. DocuSign Envelope ID: 7676AA4F-A842-45BE-ABD8-BCF64A11EEF8 Please explain the impact of your organization on the Orange County community in a typical year. W e are proud to take our teaching-artists to rural areas throughout the state where there are economic impediments to arts access. In our Arts In Residence (AIR) program, we leav e TheArtsCenter to bring immersiv e arts interv entions to 65 classrooms and ov er 1,300 students in communities in North Orange County that are ov er 50% free and reduced lunch. These populations lack the infrastructure to bring children to arts classes that are a 30 minute driv e in priv ate transportation and impossible to reach by public transportation.W e also prov ide a touring program to fiv e counties' (W ake, Orange, Durham, Alamance, and Chatham) schools. W e prov ide a school shows series that aligns with NC Education Standards andis affordable because of our block booking system. W e help with logistics for theses schools who don't hav e the time to manage larger performances, and seek their adv ice through a Cultural Enrichment Committee meeting annually that discusses needs for these schools. The ArtsCenter serv es as an economic engine, the hub of Carrboro's v ibrant creativ e economy, and is a community center where artists connect with and prov ide serv ices to the Triangle community. Using the methodology prov ided by Americans for the Arts, the estimated annual expenditures of attendees of our programming is $4,200,000, resulting 111 FTE jobs in the community and creating $185,700 in local tax rev enue and $211,900 in State tax rev enue. In 2018 as an employer and our employees combined paid $16,596 in state and federally we paid $71,386 in FICA and Medicad payments and $2,163 in unemployment insurance. W e sold 15,586 tickets to ArtsCenter presented shows, alone. Through database analysis we can tell that 13% of those v isitors come from outside of Orange County and come for the ev ening to spend money on dinner and hotel stays. W e had 9,122 v isitors come through The ArtsCenter for our Second Friday exhibits and openings. W e hav e 100 children monthly who participate in our after school programming and help parents with cost effectiv e child care after school. 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 12PT; 3FT Number of Staff Positions Furloughed/Hours Reduced March 15 - October 15 4FT DocuSign Envelope ID: 7676AA4F-A842-45BE-ABD8-BCF64A11EEF8 Number of Public Events Cancelled March 15 - October 15 520 Total Lost Attendance, March 15-October 15 26250 Number of Artists paid March- September, 2019 462 Number of Artists paid March- September, 2020 65 FINANCIAL INFORMATION n/a 2018-19 (2019) Actual FY Income 1674822 2018-19 (2019) Actual FY Expense 1435658 2019-20 (2020) Actual Income (year to date) 642584 2019-20 (2020) Actual Expense (year to date) 652220 2020-21 (2021) Budgeted Income 1618056 2020-21 (2021) Budgeted Expense 1487572 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) 3395_001.pdf Upload Year-to-Date Profit and Loss or financial statement TAC_PL_2020.pdf Upload Year-to-Date Balance Sheet TAC_2020.pdf ELIGIBLE EXPENSES n/a DocuSign Envelope ID: 7676AA4F-A842-45BE-ABD8-BCF64A11EEF8 Incurred Expenses 2a355787-618b-41dd-8a4b-5d0b498e5a6d.xlsx CARES Funding Already Received 2b5d16f4-6833-429b-87c0-ad85f57cde1e.xlsx Non-CARES Funding Recieved c3f0dc9c-f05e-4a62-ad00-af7eb76d19c1.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: 7676AA4F-A842-45BE-ABD8-BCF64A11EEF8