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HomeMy WebLinkAbout2021-602-E-Arts Commission-Art Therapy Institute-Restart the Arts September 2021 v0.1 ORANGE COUNTY ARTS COMMISSION 2020-21 RESTART THE ARTS GRANT AGREEMENT THIS AGREEMENT, entered into this 6th day of October, 2021, by and between Orange County ("County"), by and through the Orange County Arts Commission ("Arts Commission") and Institute of Art Therapy, Inc. dba Art Therapy Institute of NC ("Grant Recipient"). WHEREAS, the County established the Arts Commission as a countywide arts agency that ensures the growth of local arts experiences by providing funding and support for diverse high quality programs and projects; and, WHEREAS, the Arts Commission administers the Restart the Arts Grant Program to provide economic relief to Orange County arts organizations impacted by the COVID-19 pandemic; and, WHEREAS, the Restart the Arts Grants Program is supported by Arts Commission with American Rescue Plan Act funds; and, WHEREAS, the COVID-19 pandemic has disproportionately impacted the arts and entertainment industry, stopping nearly all direct spending by nonprofit arts organizations and their patrons in our local economy, a loss estimated to be more than $130M; and WHEREAS, the Orange County Arts Commission and Orange County Board of Commissioners wish address both economic and societal chal lenges faced by our community in the wake of the current, prolonged shutdown of the arts industry; and, WHEREAS, the American Rescue Plan Act provides that funds may be used to respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; and, WHEREAS, the Restart the Arts Grant Program aligns with the funding priorities identified in the American Rescue Plan (ARP), including:  Assist Orange County households by putting our artists back to work. There are approximately 4,000 creative workers in Orange County. This program will support employment of our creative workforce through nonprofit support and expanded programs.  Help our small businesses by restoring arts audiences. Arts patrons spend $36.7M each year in our small businesses when attending arts events, ten DocuSign Envelope ID: 0882C1F6-CA79-42B1-994E-254F3E3E0522 September 2021 v0.1 times more than sports patrons. Nonprofit support will restore and increase these audiences.  Help our arts and cultural nonprofit organizations through funding. There are approximately 170 arts and cultural organizations in Orange County whose services range from arts education to art therapy to preservation of cultural landmarks.  Aid impacted industries such as tourism, travel and hospitality. Prior to the pandemic, an estimated 1.9M people attended nonprofit arts events in Orange County annually, with 54% of attendees being non-Orange County residents. Restart the Arts will restore and grow these audiences through the creation of new programs and events; and, WHEREAS, the Grant Recipient was selected by the Arts Commission to receive the Restart the 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 and Programmatic 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 five thousand dollars ($5,000.00 ) have been awarded by the Arts Commission to the Grant Recipient for the approved Project. 3. Contingency. This grant is contingent on American Rescue Plan Act funding to Orange County. Final decisions on funds are subject to rules promulgated by the US Treasury. 4. Responsibilities of the Grant Recipient A. Implementation. These grant funds are to be used by June 30, 2022. Grantees shall be required to submit documentation of expenses in final report. Grantees have to submit documentation of expenses incurred in order to receive funds. 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. DocuSign Envelope ID: 0882C1F6-CA79-42B1-994E-254F3E3E0522 September 2021 v0.1 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 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 acceptable to the Arts Commission. 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 $ 5,000.00 to the Grant Recipient. 6. Publicity A. Acknowledgement. Credit must be given to the Orange County Arts Commission 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 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 credit shall be given. 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. Logos can be found at https://artsorange.org/ocacgrants/grantee-resources/logo-usage-credit-lines/ 7. Indemnity. The Grant Recipient agrees to indemnify and hold harmless the County, the Arts Commission 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 they are 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 DocuSign Envelope ID: 0882C1F6-CA79-42B1-994E-254F3E3E0522 September 2021 v0.1 obligate or make representations on behalf of the County or the Arts Commission. In addition, Grant Recipient agrees to maintain their own worker's compensation insurance for themselves and their employees. 9. Termination A. In the event of any of the circumstances set forth below (hereinafter referred to as “default”), the Arts Commission or County 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 County in its sole discretion. (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) days 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 DocuSign Envelope ID: 0882C1F6-CA79-42B1-994E-254F3E3E0522 September 2021 v0.1 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 Bridget Pemberton-Smith, Executive Director Date For and on behalf of Orange County Government Bonnie Hammersley, County Manager Date DocuSign Envelope ID: 0882C1F6-CA79-42B1-994E-254F3E3E0522 10/7/2021 10/8/2021 September 2021 v0.1 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Art Therapy Institute of NC Party/Vendor Contact Person: Bridget Pemberton-Smith Contact Phone: 919-605-2081 Party/Vendor Address: 200 N. Greensboro St. Ste D-6 City Carrboro State: NC Zip: 27510 Department: County Manager Amount: $5,000.00 Purpose: Restart the Arts Budget Code(s): 49601020-683012-96002 Vendor # 63288 (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 exec ution 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 cont racts: Office of the Clerk to the Board __________________________________________Date:________ DocuSign Envelope ID: 0882C1F6-CA79-42B1-994E-254F3E3E0522 10/7/2021 10/8/2021 10/8/2021 10/8/2021 Orange County Arts Commission Powered by Submittable Name of organization or business Insti tute of Art Therapy, Inc. dba Art Therapy Insti tute of NC by Bridget Pemberton-Smith in Restart the Arts Grant Application 200 North Greensboro St. Suite D-6 Carrboro, North Carolina 27510 United States 9193816068 bridgetpemsmith@gmail.com 08/29/2021 id. 21094486 Original application 08/29/2021 ORGANIZATION/BUSINESS INFORMATION n/a Date organization was formed 09/18/2009 Authorizing Official Bridget Pemberton-Smith, Executiv e Director Authorizing Official - phone number 9196052081 Authorizing Official - email bpemberton-smith@ncati.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 DocuSign Envelope ID: 0882C1F6-CA79-42B1-994E-254F3E3E0522 Organization street or PO Box address 200 N. Greensboro St. Ste D-6 Organization City Carrboro Organization State NC Organization Zip Code 27510 Organization website www.ncati.org Organization Tax ID 263447555 Applicant Race/Ethnicity W hite, not Hispanic Legal Status:501(c)3 or 501(c)6 Nonprofit Organization IRS Determination Letter 501c3_letter.pdf 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? To adv ance the well-being and mental health of div erse North Carolinians through accessible, strengths-based, culturally responsiv e art therapy; to further support our communities through local ev ents and professional dev elopment opportunities; to contribute to and uphold research, theory, and practice of the creativ e arts therapies. Provide a brief description of your pre-pandemic core arts-related programming or offerings. ATI’s two largest programs – The Exceptional Children’s Program and the Newcomers Art Therapy Program – take place within public school systems. Ev ery week during the school year, ATI clinicians prov ide art therapy serv ices to more than 100 children (K-12) with intellectual and physical disabilities in Orange County, North Carolina. During these groups, EC children hav e the opportunity for creativ e expression, to interact with peers and learn social skills and gain a sense of mastery through the creativ e process. ATI also works with adults liv ing with intellectual and dev elopmental disorders. ATI clinicians use art-making to help these clients identify and accept their emotions; increase their ability to communicate in a group atmosphere; and dev elop a sense of assurance that positiv ely impacts their educational and v ocational pursuits. ATI’s Newcomers Program serv es more than 300 refugee and immigrant children and adults from more than 30 countries worldwide. Through this program, newcomers are prov ided free, DocuSign Envelope ID: 0882C1F6-CA79-42B1-994E-254F3E3E0522 accessible, culturally-congruent, art-based mental health serv ices by trained clinicians across the Triangle and Triad regions of North Carolina, operating in schools, resettlement agencies, health clinics, homes, and community centers. In addition to serv ing newcomer children in the school systems, ATI also offers art therapy to adults through the Carrboro Community Health Center, monthly women’s groups, and through groups offered by Church W orld Serv ices in Durham. Newcomers present with a unique set of mental health concerns. Beyond the potential - and probable - trauma experienced before and during migration to the United States, newcomers also contend with difficulties experienced post-arriv al, including language and cultural barriers, financial concerns, ongoing legal battles, homesickness, ethnic discrimination, and other barriers to housing, employment, and education. These div erse issues compound the complex trauma newcomers are often already experiencing. ATI’s Newcomers Program helps clients express and process this complex trauma, build confidence lev els, learn social skills, and acquire acculturation practices. By helping to address the mental health needs of newcomers in the community, ATI helps these indiv iduals become better acculturated and integral members of their communities. Beyond these two programs, ATI’s Arts and Peer Support Group serv es div erse adults liv ing with a range of sev ere and persistent mental illnesses. Using the expressiv e arts, group members learn to celebrate themselv es as artists and integral community members rather than as stigmatized people. ATI does not charge a fee for participants to attend this weekly program. This commitment to mental health accessibility has helped under-resourced community members attend this group since 2011. In addition to these three programs, ATI prov ides art therapy to general population indiv iduals and also hosts workshops for other nonprofit organizations, serv ing a v ariety of populations such as people liv ing with a chronic illness or youth needing extra support. ATI also prov ides a v ariety of professional training opportunities through workshop series and internships for community members. Each month ATI hosts community art shows which celebrate its clients and their work as well as the work of artists liv ing in our community. DocuSign Envelope ID: 0882C1F6-CA79-42B1-994E-254F3E3E0522 Please explain the impact of your organization on the Orange County community in a typical year. W hile the Art Therapy Institute (ATI) serv es some clients beyond Orange County, the majority of our work takes place in Orange County. Here are examples: In the Chapel Hill Carrboro City Schools (CHCCS), more than 100 students in the Exceptional Children’s program receiv e weekly art therapy from ATI clinicians. In addition, approximately 150 newly arriv ed refugee and immigrant children are serv ed though the Newcomers Art Therapy Program in the CHCCS. ATI is also a co- located mental health agency within the CHCCS so that all children can hav e access to art therapy serv ices. Beyond the work ATI does in the school system, the organization also serv es adult newcomers through the Carrboro Community Health Center. For these sessions, ATI also hires interpreters. Bi- monthly women newcomer art therapy groups are offered in collaboration with Refugee Community Partnership (RCP). RCP helps by finding v olunteers to prov ide babysitting serv ices for the women’s children. Approximately 40 newcomers are serv ed through these additional branches of the program. Through the Arts and Peer Support Group, ATI reaches approximately 40 Orange County adults liv ing with sev ere and persistent mental illness. This peer-led, arts-based support group meets weekly. During the pandemic, this program was the first one ATI mov ed online. Not only was it successful, ATI was able to expand its reach to people without transportation as well as to people with sev ere social anxiety. In what has become a "typical" year, ATI offers this group both in-person and online. ATI also prov ides educational offerings in the Orange County community. Each year, ATI hosts one or more interns from the UNC School of Social W ork. These Master’s lev el students hav e the opportunity to learn about arts-based therapy and how to ethically integrate it into their work as social workers. ATI also hosts interns from distance learning Master’s lev el expressiv e arts therapy programs, allowing Orange County-based indiv iduals to obtain a Master’s degree in expressiv e arts therapy without hav ing to relocate. Additionally, ATI offers a robust workshop series with themes such as: introduction to art therapy; art therapy with special populations; selfcare; trauma; Soul Collage©; and creativ e mindfulness. ATI offers workshops both in-person and online to Orange County participants as well as ATI audiences from around the world. Finally, ATI participates in the Chapel Hill Carrboro 2nd Friday Artwalk. These monthly ev ents allow ATI to showcase the work of like-minded local artists as well as some ATI clients. W hen appropriate, ATI uses an online gallery platform to host these art shows. DocuSign Envelope ID: 0882C1F6-CA79-42B1-994E-254F3E3E0522 Please explain your intended use of a Restart the Arts Grant, if awarded. The importance of mental health became a big topic of discussion during the pandemic. Fear of contracting COVID and needing to isolate caused many people to dev elop anxiety and depression. At the Art Therapy Institute, referrals for treatment hav e greatly increased and because of that, ATI is experiencing a period of tremendous growth. To help support continuing growth, ATI's plans include renting additional office space and hiring new clinicians. If awarded a Restart the Arts grant, ATI will use the funds toward rent on its two Orange County locations to bolster the organization's ongoing growth. This will allow ATI to focus on dev elopment of the third location, utilizing the necessary resources to dev elop a third, thriv ing client base. Long term, combined growth in ATI 's three-locations is projected to support the cost of further dev elopment, with the ultimate goal of keeping the cost of art therapy at a minimum while the organization reaches new clients. DocuSign Envelope ID: 0882C1F6-CA79-42B1-994E-254F3E3E0522 Please explain measures taken by your organization to mitigate the spread of COVID-19. From the onset of COVID-19, the Art Therapy Institute (ATI) recognized the importance of doing ev erything possible to prev ent its spread. ATI suspended in-person serv ices and mov ed all of its group and indiv idual therapy online as soon as possible. W hen the academic school year for 2020-21 was ramping up, ATI staff and interns worked together to create ov er 300 art supply kits which were deliv ered to children’s doorsteps throughout Chapel Hill, Carrboro and Durham by staff and v olunteers who were masked and instructed on community safety protocols. Historically, the majority of ATI’s paperwork had been hard copies but the pandemic inspired ATI to mov e all of its paperwork to a HIPAA compliant online platform, Jotform. Likewise, ATI also mov ed its workshop series and art shows to fully online platforms. For art shows, participants uploaded digital images of art through Jotform and the art was then uploaded onto Kuntsmatrix, an online gallery platform. ATI discov ered that doing all of its work online was not only possible, it was necessary to keep our community safe. In some instances, hav ing serv ices online was challenging. For instance, many of ATI's student clients did not attend v irtual sessions because there were no adults at home to superv ise. But in some instances, the online option taught ATI that its reach could be maximized. New people started attending the Arts and Peer Support group. These people had prev iously not attended because of lack of transportation or social anxiety. Mov ing ATI’s workshop series and art shows fully online prov ed particularly successful. Attendance grew exponentially because trav el was not an issue. ATI had people join workshops and art shows from around the world including 12 countries and 10 time zones. A fav orite participant was a woman from Australia who joined sev eral ev ening workshops, signing in with her coffee and greeting the group with “Good Morning from Australia!” Such a wonderful silv er lining! 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 since March 15, 2020 0 Number of Staff Positions Furloughed/Hours Reduced since March 15, 2020 3 DocuSign Envelope ID: 0882C1F6-CA79-42B1-994E-254F3E3E0522 Number of Public Events Cancelled since March 15, 2020 12 Total Lost Attendance since March 15, 2020 400 Number of Artists paid during calendar year 2019 10 Number of Artists paid during calendar year 2020 13 FINANCIAL INFORMATION n/a 2018-19 (2019) Actual FY Income 330550 2018-19 (2019) Actual FY Expense 295254 2019-20 (2020) Actual FY Income 373051 2019-20 (2020) Actual FY Expense 402651 2020-21 Actual FY Income (Budgeted 2021 Income for those on a calendar fiscal year) 423102 2020-21 (2021) Actual FY Expense (Budgeted 2021 Expense for those on a calendar fiscal year) 416553 Please upload your current fiscal year Operating Budget budget_2021-22.docx Upload Year-to-Date Balance Sheet BalanceSheet_ATI_August_24_2021.pdf ELIGIBLE EXPENSES n/a DocuSign Envelope ID: 0882C1F6-CA79-42B1-994E-254F3E3E0522 COVID-19 Relief Funding Already Received ee9bf65f-d3c5-47f9-9a0b-53b62dfb4958.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 Restart 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 Restart the Arts, 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 OCAC 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: 0882C1F6-CA79-42B1-994E-254F3E3E0522