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HomeMy WebLinkAbout2021-604-E-Arts Commission-OdysseyStage-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 OdysseyStage ("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 challenges 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: 89A43E1A-61F4-4254-A2D4-4FCB2AB5935F 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 one thousand dollars ($1,000.00 ) 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: 89A43E1A-61F4-4254-A2D4-4FCB2AB5935F 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 $ 1,000.00 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: 89A43E1A-61F4-4254-A2D4-4FCB2AB5935F 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: 89A43E1A-61F4-4254-A2D4-4FCB2AB5935F 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 Annie Taft, Date For and on behalf of Orange County Government Bonnie Hammersley, County Manager Date DocuSign Envelope ID: 89A43E1A-61F4-4254-A2D4-4FCB2AB5935F 10/12/2021 10/12/2021 September 2021 v0.1 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: OdysseyStage Party/Vendor Contact Person: Annie Taft Contact Phone: 919-491-7745 Party/Vendor Address: 8220 Huntsman Ct City Chapel Hill State: NC Zip: 27516 Department: County Manager Amount: $1,000.00 Purpose: Restart the Arts Budget Code(s): 49601020-683012-96002 Vendor # 67303 (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 contracts: Office of the Clerk to the Board __________________________________________Date:________ DocuSign Envelope ID: 89A43E1A-61F4-4254-A2D4-4FCB2AB5935F 10/12/2021 10/12/2021 10/12/2021 10/12/2021 Orange County Arts Commission Powered by Submittable Name of organization or business OdysseyStage (ori gi nal l y i ncorporated as Curtai n Up! Inc.) by Annie Taft in Restart the Arts Grant Application 8220 Huntsman Court Chapel Hill, North Carolina 27516 NC United States 919-491-7745 ataft@email.unc.edu 08/31/2021 id. 21115650 Original application 08/31/2021 ORGANIZATION/BUSINESS INFORMATION n/a Date organization was formed 7/30/1987 Authorizing Official Annie Taft Authorizing Official - phone number 9194917745 Authorizing Official - email ataft@email.unc.edu 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: 89A43E1A-61F4-4254-A2D4-4FCB2AB5935F Organization street or PO Box address 8220 Huntsman Ct Organization City Chapel Hill Organization State North Carolina Organization Zip Code 27516 Organization website www.odysseystage.org Organization Tax ID 581870071 Applicant Race/Ethnicity W hite, not Hispanic Legal Status:501(c)3 or 501(c)6 Nonprofit Organization IRS Determination Letter 2020_Form_990-N_Postcard.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? Our Mission: To take audiences on a theatrical journey through the stories of and by the people of North Carolina. W e entertain and inspire the residents of the greater Triangle area with original and published works that illuminate the human condition. Our company will build div ersity, equality, inclusion and representation as a core component in all we do. Our Vision: To build a company, an artistic community, and a body of work that is bold, innov ativ e and engaging. By doing so, we promote understanding and add to the shared cultural legacy of North Carolina. DocuSign Envelope ID: 89A43E1A-61F4-4254-A2D4-4FCB2AB5935F Provide a brief description of your pre-pandemic core arts-related programming or offerings. OdysseyStage typically produces between 3 and 5 unique and original productions a year. Just prior to the stay-at-home orders in March 2020, we were in pre-production for three shows: The Suffragist Project, After the Thin Man, (part of our Liv e Radio series), and the NC 10by10. The Suffragist Project was to be performed in three locations in the Triangle; The Seymour Center, Pure Life Theatre (in Raleigh), and at the Durham Library. Ensuring a div erse and extensiv e audience. In prev ious seasons we hav e done the NC 10by10 in partnership with Cary Playwrights’ Forum. W e perform the show in two locations; the ArtsCenter in Carrboro and at the Cary Theatre. Ov er 1,000 people typically attend performances. Audiences come from all ov er the Triangle and beyond. The audience age range is teens to seniors, and most ethnic groups are represented. Our audiences lov e this show and look forward to it ev ery year. One audience member ev en attended all 8 performances in 2019! The benefits to the audience include: exposure to North Carolina playwright’s work, a div ersity of v oices and styles of plays, the opportunity to see local actors perform and a fun and entertaining night out. For our liv e radio series, performed at both the ArtsCenter and the Seymour Center, we tend to attract a slightly older demographic who remember the old Lux Radio program. Howev er, our Christmas show “Miracle on 34th Street”, was a family fav orite, sold out and had audiences of all ages in attendance. Our audiences benefit from this series by experiencing the golden age of radio shows: the fun, nostalgia and imagination of liv e radio with a foley artist creating the sounds right in front of them. W e also did a v ersion of “Sitting Pretty” at both locations that was also v ery family friendly and big hit with all who attended. W e did a series of monologues called “Past Imperfect: Voices from North Carolina’s History”. This was first done as a staged reading at the ArtsCenter. W e had a full house for that reading, made up primarily of local Chapel Hill and Carrboro residents that skewed to a more mature audience as did our performance at the Seymour Center but the performance at the Hayti Heritage Center in Durham was by far our most div erse audience in both ethnicity and age. Our audience ranged from one year old to well ov er sev enty. After each performance we had a talk-back with the audience. They lov ed the show and learning about the famous, not-so-famous, and infamous people portrayed. W e literally had to ask the audiences to leav e the v enues because they were closing for the night. The benefit to our audiences was learning about some of the people who helped shape North Carolina (for better and for worse), getting some insight into who these people were, what motiv ated them and learning about people they may nev er hav e heard of like the courageous labor balladeer Ella Mae W iggins and many others. DocuSign Envelope ID: 89A43E1A-61F4-4254-A2D4-4FCB2AB5935F Please explain the impact of your organization on the Orange County community in a typical year. OdysseyStage impacts Orange County residents by impacting both the artists inv olv ed in putting on plays (writers, actors, directors, set designers, etc.) and audiences who come to the play performances or play readings. Ov er the last few years (ev en before the pandemic) sev eral local theater companies hav e shut down permanently (Deep Dish in Univ ersity Mall, Common Ground, Manbites Dog, Sonorous Road), but Orange County is an area with many talented actors, playwrights and creativ e indiv iduals looking for ways to express their artistic talents v ia liv e theater. OdysseyStage is prov iding a resource for established theater artists, but is also activ ely recruiting new div erse talent from minorities, those who are physically challenged, and from high school students and young adults. Thus Odyssey Stage is a resource in Orange County for both emerging and established theater artists. W e encourage students from the local high schools to work on our shows as v olunteers for which they receiv e community serv ice hours through the LetServ e website. W e ev en hav e a student intern on our marketing committee! OdysseyStage activ ely encourages playwrights in creating new works for the stage. Through our new reading series we will help local playwrights hone and prepare their creativ e work for a full production. Our productions support local businesses as our cast and crew frequently go to a local establishment after each performance for drinks and a late night meal. It’s not unusual for a group of 20 to 30 people to go to a sports bar or other late night spot. OdysseyStage productions impact Orange County residents not only by prov iding thought-prov oking entertainment but also by attracting tourists to the area. A wide range of indiv iduals come to our productions. For example, the well known NC 10by10 Play Festiv al of short plays always draws a large crowd of ov er a thousand to its performances ov er two weekends. Typically, these indiv iduals will come not only from Orange County but also from neighboring counties and ev en distant parts of North Carolina as many of the writers represented in the production are from other parts of the state. The NC 10by10 playwrights hav e come from as far away as W ilmington, the Eastern Carolina mountains and from the Charlotte area. Often they bring their family and/or friends with them. One playwright brought 22 friends with him to one of the performances. They will frequently dine, and drink at local restaurants before and/or after shows thereby boosting local tourism. Some people stay at one of our hotels if they are coming from a great distance. DocuSign Envelope ID: 89A43E1A-61F4-4254-A2D4-4FCB2AB5935F Please explain your intended use of a Restart the Arts Grant, if awarded. W e are anticipating a need to piv ot to online programming again this season. In order to perform plays online, either liv e-streamed, v ideo- taped, or as an audio podcast, we would use the funds from Restart the Arts to cov er the cost for a sound engineer, online “stage” manager(s), fees paid in order to expand our online platform usage, increase our marketing budget to reach wider audiences, (as we will not be constrained by geography), cov er the cost of v ideographers for liv e streaming performances, pay our actors/directors/writers and other artists and crew inv olv ed in our productions a stipend, (this would normally be paid out of ticket sales or a sponsorship), cov er the cost of any PPE needed for actors, directors, and crew for liv e- streaming ev ents, purchase cleaning supplies, and an additional thermometer. W e would purchase some high quality microphones and green screens to loan out for audio or v ideo recordings, subscribe to an online SFX serv ice, and possibly inv est in editing software for both audio editing and v ideo editing. W e would also use some of the funds to cov er ov erhead costs for our monthly expenses and to defray the costs of insurance for in-person performances. DocuSign Envelope ID: 89A43E1A-61F4-4254-A2D4-4FCB2AB5935F Please explain measures taken by your organization to mitigate the spread of COVID-19. W e immediately shut down The Suffragist Project after initial rehearsals on March 9th, 2020. W e shut down production of the NC 10by10 in June (rehearsals had not yet started, we were hoping things would be better by the summer). OdysseyStage then piv oted to an online excerpts from The Suffragist Project performed liv e on December 13th, 2020, for the OC Department of Aging v ia Zoom, all actors worked from home. OdysseyStage then did podcast v ersion of The Suffragist Project (audio only), where the actors rehearsed v ia zoom and recorded their parts in their own homes. The show was then sound-engineered and edited together. W e also did a v irtual performance of the NC 10by10 v ia zoom with the actors recording their parts separately and editing the shows together. All actors worked from their own homes. A third production of our liv e radio play series was stopped mid-rehearsals in March, 2020 and redone as an online audio only performance as well. Actors rehearsed v ia zoom and recorded the play ov er zoom. Currently we are in pre- production for the NC 10by10. All actors hav e been required to show proof of v accination, initial rehearsals hav e been done on zoom, in person rehearsals require ev eryone wear masks indoors, temperature checks are done prior to rehearsal. W e hav e an extensiv e Cov id policy and protocols we created (will prov ide if needed), which were created with input from the Orange County Health Department. It includes a check list of symptoms and what to do if they come into contact with anyone who has cov id as well as other information. Actors are staged to be socially distanced from each other and the audience will be a minimum of 20 feet from the stage. If numbers continue to rise we will do a liv e stream only production with actors socially distanced and/or wearing masks, or we may need to piv ot to a fully v irtual performance again depending on the situation. If we are allowed to do a liv e performance, we will require the audience be masked and socially distanced. The house capacity will be reduced to either 50% or 25% depending on the situation. W e hav e asked The ArtsCenter if they can request proof of v accination for audiences. There will be temperature checks for audiences. W e may need to do the same thing for any shows in the near future. OdysseyStage’s first consideration is always the health and safety of all our artists, crew and audiences. All of our board meetings including our strategic planning meetings and our company meetings are conducted ov er Zoom to reduce the possibility of in-person exposure. W e will continue to meet v ia Zoom for the foreseeable future. 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 N/A DocuSign Envelope ID: 89A43E1A-61F4-4254-A2D4-4FCB2AB5935F Number of Staff Positions Furloughed/Hours Reduced since March 15, 2020 N/A Number of Public Events Cancelled since March 15, 2020 20 Total Lost Attendance since March 15, 2020 1900 Number of Artists paid during calendar year 2019 114 Number of Artists paid during calendar year 2020 46 FINANCIAL INFORMATION n/a 2018-19 (2019) Actual FY Income 10878 2018-19 (2019) Actual FY Expense 6537 2019-20 (2020) Actual FY Income 26953 2019-20 (2020) Actual FY Expense 14511 2020-21 Actual FY Income (Budgeted 2021 Income for those on a calendar fiscal year) 145.00 2020-21 (2021) Actual FY Expense (Budgeted 2021 Expense for those on a calendar fiscal year) 4142.00 Please upload your current fiscal year Operating Budget Production_budget_2021-2022.pdf DocuSign Envelope ID: 89A43E1A-61F4-4254-A2D4-4FCB2AB5935F Upload Year-to-Date Balance Sheet n/a COVID-19 Relief Funding Already Received be42b744-0ea4-4184-bf0d-8f4d95162d75.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: 89A43E1A-61F4-4254-A2D4-4FCB2AB5935F