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HomeMy WebLinkAbout2021-606-E-Arts Commission-The Chamber Orchestra of the Triangle-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 The Chamber Orchestra of the Triangle ("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: 09E25CC7-BD28-49BF-B26F-2BC77F7B3E1A 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 six thousand dollars ($6,000.00 ) 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: 09E25CC7-BD28-49BF-B26F-2BC77F7B3E1A 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 $ 6,000.00 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: 09E25CC7-BD28-49BF-B26F-2BC77F7B3E1A 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: 09E25CC7-BD28-49BF-B26F-2BC77F7B3E1A 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 Niccolo Muti, Date For and on behalf of Orange County Government Bonnie Hammersley, County Manager Date DocuSign Envelope ID: 09E25CC7-BD28-49BF-B26F-2BC77F7B3E1A 10/12/2021 10/12/2021 September 2021 v0.1 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: The Chamber Orchestra of the Triangle Party/Vendor Contact Person: Niccolo Muti Contact Phone: 919-607-3026 Party/Vendor Address: 1213 E. Franklin St. City Chapel Hill State: NC Zip: 27514 Department: County Manager Amount: $6,000.00 Purpose: Restart the Arts Budget Code(s): 49601020-683012-96002 Vendor # 66919 (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: 09E25CC7-BD28-49BF-B26F-2BC77F7B3E1A 10/7/2021 10/12/2021 10/12/2021 10/12/2021 Orange County Arts Commission Powered by Submittable Name of organization or business The Chamber Orchestra of the Tri angl e by Niccolo Muti in Restart the Arts Grant Application 1213 Franklin St. Chapel Hill, North Carolina 27514 United States 9196073029 nmuti@thecot.org 08/31/2021 id. 21116743 Original application 08/31/2021 ORGANIZATION/BUSINESS INFORMATION n/a Date organization was formed 01/01/1988 Authorizing Official Niccolo Muti Authorizing Official - phone number 9196073026 Authorizing Official - email nmuti@thecot.org Grant Manager - name (if different from Authorizing Official) n/a Grant Manager - phone (if different from Authorizing Official) n/a Grant Manager - email (if different from Authorizing Official) n/a Is your organization physically located in Orange County, NC? Yes Organization street or PO Box address 1213 E. Franklin St. DocuSign Envelope ID: 09E25CC7-BD28-49BF-B26F-2BC77F7B3E1A Organization City Chapel Hill Organization State North Carolina Organization Zip Code 27514 Organization website thecot.org Organization Tax ID 561610463 Applicant Race/Ethnicity W hite, not Hispanic Legal Status:501(c)3 or 501(c)6 Nonprofit Organization IRS Determination Letter COT_Determination_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? The Chamber Orchestra of the Triangle's (COT) foremost objectiv e is to present performances of extraordinary quality, including works rarely performed. A core goal of the orchestra is to create performance and educational opportunities for some of the nation's most talented emerging musicians. Provide a brief description of your pre-pandemic core arts-related programming or offerings. The COT's pre-pandemic programming consisted of 6 full orchestral concerts, 4 chamber music concerts, 3 ballets, guest artist masterclasses, and 40+ community engagement ev ents on the part of The COT's quartet-in-residence at local schools, retirement communities, etc. All COT performances are open to the public, with the majority of audience members coming from Orange, Durham, W ake, and Chatham Counties. Ticketed COT ev ents are moderately priced, ranging from $20-$30. All children and students are giv en free admittance. The most exciting programming prior to the pandemic was the addition of 40+ community engagement ev ents on the part of the COT's then new, quartet-in-residence. Apart from performing at local retirement communities, farmers markets, community centers, and homeless shelters, the quartet took on a 14 day residency at the Durham School of the Arts, where they worked sided by side with string students to put together a year end performance. DocuSign Envelope ID: 09E25CC7-BD28-49BF-B26F-2BC77F7B3E1A Please explain the impact of your organization on the Orange County community in a typical year. For the past 20 years, The COT's offices hav e been located in Chapel Hill, and while its orchestral performances are held at the Carolina Theatre of Durham, the majority of its patrons come from Orange County. In more recent years, The COT has giv en chamber music performances in Chapel Hill and Hillsborough, and has been engaging with Orange County residents through its community outreach endeav ors. Examples include chamber music performances at retirement communities, workshops with MYCO (Chapel Hill based youth orchestra) and Bull City Music School, as well as workshops for UNC-CH students. The COT's annual gala has also been in Chapel Hill for the past 20 years, bringing attention to many of the COT's local business partners, most of whom are in Orange County. Please explain your intended use of a Restart the Arts Grant, if awarded. If awarded a Restart the Arts Grant, The COT will use the funds to support both its programming and operating expenses. Planning to safely return to its pre-pandemic lev el of activ ity, The COT's 2021-22 projected expenses are approximately $550,000. The majority of expenses are staff salaries and artist fees. The COT is proud to engage ov er 50 different NC based artists ov er the course of the 21-22 Season to perform as part of the orchestra. All of these artists are independent contractors who are financially dependent on their work with the COT. Artist fees this season will be approximately $175,000, roughly 30% of total projected expenses. The COT also boasts a small, but v ery efficient staff whose total salaries come to approximately $120,000, roughly 22% of total projected expenses. W ith the introduction of its new Beerthov en Series this season, the COT will be partnering with other local non- profits and Breweries to raise funds for its Education fund. These funds will go directly to the hiring of the COT's first ev er Director of Education and Community Engagement. DocuSign Envelope ID: 09E25CC7-BD28-49BF-B26F-2BC77F7B3E1A Please explain measures taken by your organization to mitigate the spread of COVID-19. From the onset of the COVID-19 pandemic, The COT has prioritized the safety of its staff, artists, and patrons to help mitigate the spread of the v irus. After cancelling all artistic ev ents at the end of the 19-20 Season, The COT put in place strict safety protocols for its 20-21 Season, following all federal, state, and county mandates. It was decided that all 20-21 Season performances would be filmed for online release. No performances were giv en for a liv e audience except for the season finale in May 2021, which was held outdoors at the NC Museum of Art. Both during rehearsal and performances, artists were socially distanced and wore protectiv e masks when possible. Air filters, hand sanitizer, and disinfectant wipes were present at all ev ents, and spaces were occupied for no longer than 45 minutes at a time, allowing for air to clear. Ov er the course of the 20-21 Season, no cases of COVID-19 were reported in connection with COT ev ents. For the upcoming 21-22 Season, The COT will continue to enforce federal, state, and county protocols while also requiring that all staff, artists, and patrons show proof of v accination or of a negativ e COVID test prior to any COT ev ent. 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 0 Number of Public Events Cancelled since March 15, 2020 52 Total Lost Attendance since March 15, 2020 8500 Number of Artists paid during calendar year 2019 57 Number of Artists paid during calendar year 2020 46 DocuSign Envelope ID: 09E25CC7-BD28-49BF-B26F-2BC77F7B3E1A FINANCIAL INFORMATION n/a 2018-19 (2019) Actual FY Income 499788 2018-19 (2019) Actual FY Expense 481693 2019-20 (2020) Actual FY Income 637810 2019-20 (2020) Actual FY Expense 467584 2020-21 Actual FY Income (Budgeted 2021 Income for those on a calendar fiscal year) 344527 2020-21 (2021) Actual FY Expense (Budgeted 2021 Expense for those on a calendar fiscal year) 335645 Please upload your current fiscal year Operating Budget 21-22COTOperatingBudget.pdf Upload Year-to-Date Balance Sheet COTBalanceSheet.pdf COVID-19 Relief Funding Already Received d9a8ae9b-baad-45f3-9173-149a50493814.xlsx ACKNOW LEDGMENT Please read the following statements below and click to agree to each statement. DocuSign Envelope ID: 09E25CC7-BD28-49BF-B26F-2BC77F7B3E1A 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: 09E25CC7-BD28-49BF-B26F-2BC77F7B3E1A