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HomeMy WebLinkAbout2021-607-E-Arts Commission-Hidden Voices-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 Hidden Voices ("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: 27B8BEB3-EB74-405B-9C6B-C68CD6BEEA8F 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 two thousand five hundred dollars ($2,500.00 ) 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: 27B8BEB3-EB74-405B-9C6B-C68CD6BEEA8F 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 $ 2,500.00 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: 27B8BEB3-EB74-405B-9C6B-C68CD6BEEA8F 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: 27B8BEB3-EB74-405B-9C6B-C68CD6BEEA8F 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 Lynden Harris, Director Date For and on behalf of Orange County Government Bonnie Hammersley, County Manager Date DocuSign Envelope ID: 27B8BEB3-EB74-405B-9C6B-C68CD6BEEA8F 10/11/2021 10/12/2021 September 2021 v0.1 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Hidden Voices Party/Vendor Contact Person: Lynden Harris Contact Phone: 919-259-5527 Party/Vendor Address: 9602 Art Road City Cedar Grove State: NC Zip: 27231 Department: County Manager Amount: $2,500.00 Purpose: Restart the Arts Budget Code(s): 49601020-683012-96002 Vendor # 53822 (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: 27B8BEB3-EB74-405B-9C6B-C68CD6BEEA8F 10/8/2021 10/11/2021 10/12/2021 10/12/2021 Orange County Arts Commission Powered by Submittable Name of organization or business Hi dden Voi ces by Lynden Harris in Restart the Arts Grant Application 9602 Art Road Cedar Grove, North Carolina 27231 United States 9192595527 lharris@hiddenvoices.org 08/31/2021 id. 21112168 Original application 08/31/2021 ORGANIZATION/BUSINESS INFORMATION n/a Date organization was formed 08/03/2003 Authorizing Official Lynden Harris, Director Authorizing Official - phone number 9192595527 Authorizing Official - email lharris@hiddenv oices.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 9602 Art Road DocuSign Envelope ID: 27B8BEB3-EB74-405B-9C6B-C68CD6BEEA8F Organization City Cedar Grov e Organization State NC Organization Zip Code 27231 Organization website www.hiddenv oices.org Organization Tax ID 200763984 Applicant Race/Ethnicity Other Legal Status:501(c)3 or 501(c)6 Nonprofit Organization IRS Determination Letter Hidden_Voices_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? OUR COLLECTIVE: Hidden Voices is a radically inclusiv e, participatory, and co-creativ e collectiv e committed to a just, compassionate, and sustainable world. OUR VISION & VALUES: All liv es hav e meaning. All stories matter. Our mission is to challenge, strengthen, and connect our div erse communities through the transformativ e power of the indiv idual v oice. DocuSign Envelope ID: 27B8BEB3-EB74-405B-9C6B-C68CD6BEEA8F Provide a brief description of your pre-pandemic core arts-related programming or offerings. Hidden Voices projects hav e included a div ersity of v oices: local, undocumented immigrant youth (La Vida Local); rural Latinx, Black, and W hite youth (Not Yo Mama’s Home Cookin’); historically African- American communities in Chapel Hill /Carrboro and the Univ ersity of North Carolina (Because W e’re Still Here and Mov ing: Mapping a W orld of Black History in Our Own Backyards); those dealing with home-lessness (Home Is Not One Story); families escaping v iolence (Speaking without Tongues), the formerly incarcerated (Rewind) and others. Project components include oral histories, performances, mapping, digital media, readings, interactiv e exhibits, music, VR, and more. Venues include schools, churches, civ ic organizations, conferences, galleries, community/professional stages, classrooms, public sidewalks, libraries. For example, in response to the Chapel Hill- Carrboro’s historically Black communities’ desire for “the children to know their story,” we collaborated on the first-ev er “text message tour.” Stickers places in historic but unmarked spots asked, “W hat happened here?” abov e a phone number. Texters receiv ed a response sharing the hidden history of that particular place. For that particular project, we also created an interactiv e exhibit and trained docents at UNC-Chapel Hill to educate all incoming students and families about their new neighborhood. The project included a printed walking map with archiv al photos from these communities, two performances, and a short film. W hat we create and where it liv es is a collaborativ e process that changes with each project. Our current community participants include military serv ice members, with a focus on female members (At Ease: Bridging the Military-Civ ilian Div ide); surv iv ors of sexual v iolence and v isionary students engaging communities around ending sexual assault (W eAreHere: Imagining a W orld without Sexual Violence); residents of death row and their families (Serv ing Life: ReVisioning Justice); and the many stakeholders in the school to prison pipeline, from students to alternativ e-school teachers, school resource officers and attorneys, parents, judges and the current and formerly incarcerated (None of the Abov e: Dismantling the School to Prison Pipeline). For ten years we also partnered on Seeking the Self, a summer ov ernight camp for middle school students of color. The camp supported students in understanding and creating counternarrativ es to empower their success. DocuSign Envelope ID: 27B8BEB3-EB74-405B-9C6B-C68CD6BEEA8F Please explain the impact of your organization on the Orange County community in a typical year. Our projects ev olv e ov er multiple years and with community engagement. During any giv en year, sev eral projects are underway; since each inv olv es numerous components in different stages of dev elopment/ production, it can be difficult to describe a “typical” year. Our last “typical” year, 2019, included four projects: a multiyear, multi-arts project with military serv ice members (At Ease); a project with surv iv ors of sexual v iolence (W eAreHere); residents of death row and their families (Serv ing Life); and stakeholders in the school- to-prison pipeline (None of the Abov e). Our projects always include Orange County v oices, sometimes exclusiv ely as in La Vida Local (undocumented youth) and Because W e’re Still Here and Mov ing (local neighborhoods of color). Other projects hav e a more statewide focus, including Home Is Not One Story and None of the Abov e, but still highlight OC v oices/stakeholders and local partner organizations. Current 2021-22: At Ease: Bridging the Military-Civ ilian Div ide includes narrativ es from student v eterans at the univ ersity and other local military serv ice members and opened to the public in Chapel Hill with an interactiv e exhibit and a student reading of the accompanying story cycle. W eAreHere (in dev elopment) includes workshops with surv iv ors in Orange County, a series of local interv iews, and a partnership with the OC Rape Crisis Center. Serv ing Life includes works from OC artists in the trav eling installation, which debuted in Chapel Hill. The original dev elopment team for the prison work liv e in Hillsborough, Chapel Hill, Carrboro, and the county. One of the performance components of the project, COUNT: Stories from America’s Death Row, debuted at PlayMakers Rep and remains the most attended show ev er in the Kenan Theater. Numerous readings of the story cycle Right Here, Right Now hav e been held in the area (always free and open) at churches, in classes, and at conferences. An ev ent in Carrboro in Feb/March 2022 centered around a reading of RHRN with songs from A GOOD BOY is being organized by OC public defenders, NCCRED, NAACP, and others. There are also plans for a similar ev ent in Hillsborough (rescheduled from 2020). Three or the four members of the core dev elopment team for A GOOD BOY liv e in Orange County, as do sev eral of the performers and musicians. W e are also in conv ersation with the Student Union at UNC to host the exhibit Standing on Lov e. Like the exhibit for At Ease, this installation had just opened (for 6 weeks at Duke Chapel) when v enues were closed for COVID. W e’re also in conv ersation with local bookstores about readings and signings for Right Here, Right Now: Life Stories from America’s Death Row (May 2021, Duke U Press). None of the Abov e: Dismantling the School-to-Prison Pipeline includes narrativ es from teachers and students at OC alternativ e schools, as well as local parents and attorneys. Sev eral artists for the exhibit also liv e in the county. The exhibit has trav eled to a dozen v enues, including the Student Union at UNC, where the opening welcomed local high schoolers and community members. The performance debuted at The ArtsCenter in Carrboro. DocuSign Envelope ID: 27B8BEB3-EB74-405B-9C6B-C68CD6BEEA8F Please explain your intended use of a Restart the Arts Grant, if awarded. Members of the HV Core Team serv e as community collaborators, project leaders, administrator-managers, & project artist-creators. Each project has its own dev elopment team: a Core Team Leader, Core Project Artists, artists in the collectiv e who create project components (from v isual artists collaborating on exhibits to community/professional performers) & stakeholders. Ev eryone, from the Founder-Director to project artists is paid as a contractor. Core Personnel Support is our most critical need. Most of our income is project-specific and cannot be spent on operating costs, so those funds may extend ov er multiple years. Indiv idual project costs are far easier to fund through donations, issue-specific grants, and community partnerships. In late summer 2020, we hired on a part-time basis a new Managing Director, a position that had been unfilled for nearly six months as we nav igated what the pandemic would mean in terms of canceled performances, exhibits, and ev ents. By summer, howev er, we recognized that the health of the organization required someone ov erseeing increasing operational details. The collectiv e was still generating artistic material and fieldwork ev en through v enues were closed. The core team was exploring v arious v irtual experiments as they struggled to keep projects on track. The need for a core team member whose main role was administrativ e/management was clear. The Managing Director ov ersees flow for current projects, which hav e multiple components in v arying stages of dev elopment/production. For instance, a single component of Serv ing Life -- RIGHT HERE, RIGHT NOW (Duke U Press 2021) - is generating requests for collaborations for performances, readings, & community conv ersations from institutions across the country, including three 2022 ev ents in Orange County. The MD is also Core Team Leader for the Visionary Leadership Cohort, a component of W eAreHere: Imagining a W orld without Sexual Violence. The MD leads efforts for 15 students working to end sexual v iolence as they prepare their Vision W all installations, community performances/readings, and restorativ e circles. The MD leads on Community Dev elopment, building relationships with project partners & v olunteers, including students. DocuSign Envelope ID: 27B8BEB3-EB74-405B-9C6B-C68CD6BEEA8F Please explain measures taken by your organization to mitigate the spread of COVID-19. Hidden Voices began pausing ev ents in late Jan./early Feb. 2020, as sev eral HV project artists on the west coast were in settings already approaching lockdown. W e shifted to v irtual meetings and attempted some v irtual workshops with musicians and singers for A GOOD BOY, our music theater piece sharing stories from family members of death row. (A 2021 National Music Theater Conference semi-finalist). W hen we engaged artists for another in-person workshop this past May, we decided to eliminate the closing work-in-progress presentation (typically a fundraising opp). The dev elopment team, musicians, and performers were all masked. W e had supplied the performers with masks that had mics, but ev en with professional artists singing and speaking, the words were too difficult for anyone without a script to understand. W e're currently exploring the best way to record the completed songs for submission to additional production opportunities. W e attempted recordings ov er the winter of 2020-21 but with the singers and musicians in separate studios, the latency issues were too glitchy and the syncing problematic. Hidden Voices added a v irtual component to W eAreHere, our project focusing on ending sexual v iolence by adding a v irtual Visionary Leadership Cohort of students. W e hav e shifted some book presentations to v irtual formats and are activ ely pursuing partnerships with Orange Co. W e began working twice weekly with our social team to design and dev elop thought-prov oking educational material and mind-opening stories to share daily as a way to continue to connect communities across difference. W e began plans to digitize past projects and current exhibits for the Hidden Voices archiv e so other organizations and students engaging work around social issues will be able to access and utilize these resources. 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 2PT Number of Staff Positions Furloughed/Hours Reduced since March 15, 2020 1FT, 2PT Number of Public Events Cancelled since March 15, 2020 15 Total Lost Attendance since March 15, 2020 1500 DocuSign Envelope ID: 27B8BEB3-EB74-405B-9C6B-C68CD6BEEA8F Number of Artists paid during calendar year 2019 35 Number of Artists paid during calendar year 2020 32 FINANCIAL INFORMATION n/a 2018-19 (2019) Actual FY Income 83876 2018-19 (2019) Actual FY Expense 57656 2019-20 (2020) Actual FY Income 68402 2019-20 (2020) Actual FY Expense 42333 2020-21 Actual FY Income (Budgeted 2021 Income for those on a calendar fiscal year) 45211 2020-21 (2021) Actual FY Expense (Budgeted 2021 Expense for those on a calendar fiscal year) 58044 Please upload your current fiscal year Operating Budget 2021-2022_Operating_Budget.pdf Upload Year-to-Date Balance Sheet n/a COVID-19 Relief Funding Already Received 0b1dbafb-910d-4de1-bc87-e6b7480a674b.xlsx ACKNOW LEDGMENT Please read the following statements below and click to agree to each statement. DocuSign Envelope ID: 27B8BEB3-EB74-405B-9C6B-C68CD6BEEA8F 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: 27B8BEB3-EB74-405B-9C6B-C68CD6BEEA8F