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Home My WebLink About2020-901-E Arts Commission-Ryan Dean arts support relief grant1 Revised August 2020 ORANGE COUNTY ARTS COMMISSION 2020 COVID RELIEF GRANT AGREEMENT THIS AGREEMENT, entered into this 9th day of December, 2020, by and between Orange County ("County"), by and through the Orange County Arts Commission ("Arts Commission") and Ryan Dean ("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 annual Grants Program to provide economic opportunities to Orange County artists and non-profit organizations coordinating arts projects benefiting the citizens of Orange County. WHEREAS, the annual Arts Grants Program is supported by Arts Commission with funds from the Grassroots Arts Program of 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 annual 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. The Grant funds, provided under this Agreement pursuant to North Carolina Arts Council Technical Assistance Grant awarded to the Orange County Arts Commission for the purpose of providing relief funding to artist, arts industry workers and arts organizations impacted by COVID-19 (“Project”) are described in the Grant Recipient’s Grant Application, attached hereto and incorporated herein as Exhibit A. 2. Grant Award. Grant funds have been awarded six hundred dollars ($600) by the Arts Commission to the Grant Recipient for the approved Project. 3. Attestation by the Grant Recipient A. Individual Grant Recipient. The Individual Grant Recipient certifies that they have met the Grant Eligibility Requirements as described in Exhibit A in the categories of residency, profession and financial hardship and therefore, is eligible to receive a grant under the terms of this Agreement; or B. Organization Grant Recipient. The Organizational Grant Recipient certifies that they have met the Grant Eligibility Requirements as described in Exhibit A in the that they are an Orange County, North Carolina based non-profit organization with an arts or cultural- DocuSign Envelope ID: 4D9549E3-4EAE-49D4-A60C-068E21B407A4 2 Revised August 2020 based mission and has been in operation for at least three years and therefore, is eligible to receive a grant under the terms of this Agreement; or 4. Responsibilities of the Arts Commission A. Payment. The Arts Commission shall release the grant funds in the amount of $600 to the Grant Recipient. 5. 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. 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.” 6. 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. 7. 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 for the duration of the art work's installation. 8. Termination. This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to Provider. 9. 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 and Priority. 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 DocuSign Envelope ID: 4D9549E3-4EAE-49D4-A60C-068E21B407A4 3 Revised August 2020 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 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 _________________________________ __________________ Ryan Dean, Date For and on behalf of Orange County Government __________________________________ ___________________ Bonnie Hammersley, County Manager Date DocuSign Envelope ID: 4D9549E3-4EAE-49D4-A60C-068E21B407A4 12/9/2020 12/13/2020 4 Revised August 2020 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Ryan Dean Party/Vendor Contact Person: Ryan Dean Contact Phone: 3366894622 Party/Vendor Address: 335 Eastwood Rd City Chapel Hill State: NC Zip: 27514 Department: Cnty Mngr Amount: 600 Purpose: Orange County Arts Support Fund Relief Grant Budget Code(s): 37601020-681070 Vendor # 66908 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 12- 9-20 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:_________ DocuSign Envelope ID: 4D9549E3-4EAE-49D4-A60C-068E21B407A4 12/9/2020 12/9/2020 12/10/2020 12/13/2020 Orange County Arts Commission Powered by Submittable Legal Name of Applicant Ryan Chri stopher Dean by Ryan Dean in Orange County Arts Support Fund (INDIVIDUALS ONLY) - Round 4 335 Eastwood Rd Chapel Hill, North Carolina 27514 United States 3366894622 ryancdean@gmail.com 11/20/2020 id. 18296616 Original application 11/20/2020 Artist Name, if different than legal name HOLY BOUQUET (singer/songwriter, musician, performer, producer) / Anchor Eye Design (freelance graphic designer) Email address ryancdean@gmail.com Do you reside in Orange County, North Carolina? Yes Home address: Street 335 Eastwood Rd Home address: City Chapel Hill Home address: Zip Code 27514 Please select the scenario(s) that best describe your situation: You are a professional artist, whose source of income is through your art You are a freelance/contracted arts industry worker How would you best your profession? Digital Artist/Graphic Designer Illustrator Mixed Media Artist Musician/Singer/Music Production Photographer Visual Artist W riter/Poet (Literary) DocuSign Envelope ID: 4D9549E3-4EAE-49D4-A60C-068E21B407A4 Other than your work, what sources of household income do you currently have? I do not currently hav e any other source of income. I am single with no children, nor any family that is supportiv e of my art and career goals. I liv e alone in a rented 2BR house in Chapel Hill and am responsible for paying 100% of rent, bills, groceries, and all other life expenses. I do not hav e any trusts or inv estments, or anything else that might be able to help during this time. Have you experienced a decrease in TOTAL HOUSEHOLD income of 30% or more? Yes DocuSign Envelope ID: 4D9549E3-4EAE-49D4-A60C-068E21B407A4 Please explain how your general livelihood has been impacted by COVID- 19. I prev iously worked as a full-time graphic designer from 2008-2019 at the Splinter Group in Carrboro, Red Hat in Raleigh, and Riv ers Agency in Chapel Hill. I began working as a freelance graphic designer under the name “Anchor Eye Design” during the summer of 2019. This sudden shift in employment was the result of a forced resignation from Riv ers Agency, due to a lack of av ailable work for multiple designers and major downsizing to the design team. Because none of this had been planned for in adv ance, I spent the remainder of 2019 scrambling to make ends meet, while tracking down any freelance work I could find, and dev eloping essential marketing materials such as a logo and website, which can be found at www.anchoreyedesign.com. Operating as Anchor Eye Design, I was able to earn $800 in freelance graphic design projects in January 2020. Business increased to $1,875 in early February and jumped up to $6,720 between late February and early March. Then ev erything immediately crashed when the majority of small businesses were forced to drastically scale back operations and adv ertising budgets, due to the effects of COVID19. I hav e only been able to secure one graphic design gig since then, which paid only $300, since the majority of my project av ailability depends on the functionality of v arious serv ice industries, small businesses, and the liv e entertainment industry. Fortunately, I was able to qualify for Pandemic Unemployment Insurance, which functioned as a total lifesav er for a short period, but has since been exhausted, and I no longer hav e any source of income or financial support. I’v e been able to cov er expenses for basic necessities such as food and water during the pandemic by selling the majority of my musical instruments and recording gear. It has been a dev astating loss. In effort to stay financially afloat in 2020, I initially planned to supplement my freelance graphic designer income with whatev er money I might be able to earn from liv e music performances, merchandise sales at shows, and through the intended release of a new full length recording for my music/art project, HOLY BOUQUET (www.holybouquet.net). The project is currently a solo endeav or, so I’m operating as singer/songwriter, multi-instrumentalist, performer, recorder, sound engineer, mixer, designer, producer, and booking agent. The first HOLY BOUQUET show I booked for 2020 was at Slim’s in Raleigh on March 12th, 2020. I spent the week prior to this performance purchasing ev erything needed for my liv e show, only to find out a few hours before showtime that the show had been cancelled in response to the NC Gov ernor’s address regarding COVID19. It has been impossible to book any liv e shows since then, as all local music v enues hav e been closed. Ov er the course of 2020, I’v e made absolutely nothing from HOLY BOUQUET and lost what little I prev iously had, so I hav e not been able to pay to master the new album and officially release it for sale. Have you applied for unemployment benefits? Yes DocuSign Envelope ID: 4D9549E3-4EAE-49D4-A60C-068E21B407A4 Have you been approved for benefits? Yes, I was approv ed Grant amount requested: 4100 How do you intend to use the grant, if awarded? Here is a brief outline of my current financial situation and exactly how I would use the requested $4,100 grant. I am currently $1,875 in debt to my landlord in back rent payments, as well as $3,000 in debt on a maxed out credit card, so I am in desperate need of major financial help. I mov ed into a 2BR rental house in Chapel Hill when I started working at Riv ers Agency back in 2016. I was earning a $62,500 annual salary at the time, so I was able to afford to make the monthly $1,250 rent payments without much concern. Howev er, since I was forced to resign from Riv ers Agency, rent has been incredibly difficult to pay, liv ing month-to-month and sometimes week-to-week for the past year. I would spend the grant money in the following ways: $625 would be paid to my landlord to cov er the remaining half balance of past due October Rent. $1,250 would be paid to my landlord to cov er the full balance of past due Nov ember Rent. $270 would be used to cov er Nov ember bills, and $30 to cov er the interest charge on my credit card. $125 would be used for remaining food and water costs for Nov ember. $1,250 would pay December’s rent, with monthly expenses of $250 for food and water, $270 for bills, and $30 for credit card interest. If any additional funding might be av ailable, I would put it toward January rent and mastering and releasing the full length album I’v e been working on for the past 7 years. How else may we help you right now? Please let me know if you're aware of any freelance graphic design projects I might be able to help with. Please feel free to check out an unmastered mix of track 1 off of the upcoming unreleased HOLY BOUQUET album: https://holybouquet.bandcamp.com/album/mouthfuls-o-miracl3s- unmastered-mix Thank you so v ery much for your time, consideration and incredibly kind actions. Lots of lov e y'all! DocuSign Envelope ID: 4D9549E3-4EAE-49D4-A60C-068E21B407A4