HomeMy WebLinkAbout2021-610-E-Arts Commission-Hillsborough Gallery of Arts-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
Hillsborough Gallery of Arts ("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
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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.
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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
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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
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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
Susan Hope, President Date
For and on behalf of Orange County Government
Bonnie Hammersley, County Manager Date
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10/7/2021
10/12/2021
September 2021 v0.1
ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: Hillsborough Gallery of Arts Party/Vendor Contact Person: Susan Hope Contact Phone: 919-
270-4790 Party/Vendor Address: 121 N. Churton St. City Hillsborough State: NC Zip: 27278 Department: County
Manager Amount: $5,000.00 Purpose: Restart the Arts Budget Code(s): 49601020-683012-96002 Vendor # 66207
(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:________
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10/7/2021
10/10/2021
10/12/2021
10/12/2021
Orange County Arts Commission Powered by Submittable
Name of organization
or business Hi l l sborough Gal l ery of Arts
by Nancy Smith in Restart the Arts Grant
Application
121 N. Churton Street
Hillsborough, North Carolina
27278
United States
919-732-5001
treasurer@hillsboroughgallery.com
08/24/2021
id. 21054810
Original application 08/24/2021
ORGANIZATION/BUSINESS
INFORMATION
n/a
Date organization
was formed
8/23/2006
Authorizing Official Susan Hope - President
Authorizing Official -
phone number
9192704790
Authorizing Official -
email
treasurer@hillsboroughgallery.com
Grant Manager -
name (if different
from Authorizing
Official)
Nancy Smith
Grant Manager -
phone (if different
from Authorizing
Official)
919-423-5153
Grant Manager -
email (if different
from Authorizing
Official)
nancysmithfineart@gmail.com
Is your organization
physically located in
Orange County, NC?
Yes
Organization street
or PO Box address
121 N. Churton St.
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Organization City Hillsborough
Organization State North Carolina
Organization Zip
Code
27278
Organization website www.hillsboroughgallery.com
Organization Tax ID 205394612
Applicant
Race/Ethnicity
W hite, not Hispanic
Legal Status:Artist Co-op or unincorporated artist group
Are 25% or more of
your annual
expenses related to
the visual, performing
or literary arts?
Yes
NARRATIVE n/a
Please explain the
purpose of your
group.
Hillsborough Gallery of Arts is a cooperativ e owned by 21professional
artists. Our purpose is to not only facilitate local artists' ability to
show and sell their work but also to support fellow merchants of
Hillsborough, other artists of Orange county and NC, literary
professionals of our community, and the general public by hosting
ev ents featuring high quality artworks and literary ev ents.
Provide a brief
description of your
pre-pandemic core
arts-related
programming or
offerings.
The gallery offers the members’ works of art for sale and participates
in the Last Friday and Art W alks, hosts a state-wide juried art show
each January and serv es as a prev iew gallery for the Open Studio
Tour of the Orange County Artists Guild. W e host featured artists
shows of our members, special group shows, and annual group
shows highlighting authors and significant historical personalities
from Hillsborough. The gallery is an important cultural resource for
the community and the state and is also a tourism destination,
attracting national and international v isitors.
Please explain the
impact of your
organization on the
Orange County
community in a
typical year.
In a typical year, the gallery is an important cultural resource and
gathering place for the Hillsborough community, and has become an
important and growing tourism destination, attracting national and
international v isitors. Our last Friday ev ents attract hundreds of
v isitors. Our space prov ides a v enue to present the works of 21 local
artists on a regular basis, and our annual juried show prov ides space
to showcase 35 additional artists from across the state. Additionally,
our annual Orange County Studio Tour Prev iew Exhibit showcases
up to 100 artists from across Orange County who are members of the
Orange County Artists Guild. The gallery has also prov ided a v enue
for local authors, who hav e conducted readings; with some of these
readings, our artists create shows of artwork based on the book
being discussed.
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Please explain your
intended use of a
Restart the Arts
Grant, if awarded.
Any funds granted us will be used toward operating expenses
primarily rent, utility fees, and a contract employee during the holiday
period.
Rental of our retail space is our greatest monthly expense which in
the past was guaranteed by a monthly fee of $165/month paid per
member and sales commission fees. W ith reduced hours and
reduced sales of the gallery, it has been a strain on some members
to continue their participation in our organization. W e hav e used
prev ious grants and loans to lower the monthly fees of all our artists
to $85 for sev eral months and recently increased the fee to
$100/month. This has enabled us to retain our artists during this time
of decreased sales. Receiv ing additional grant money would aid us in
maintaining reduced fees through next year helping to retain our
professional artists especially in the coming months of Jan and Feb
of 2022 which hav e historically been low income months.
W e continue to operate with reduced member artists able to work
inside the gallery due to health concerns. This will be a strain during
the holidays so we plan to hire a contact sales person to assist at the
sales desk.
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Please explain
measures taken by
your organization to
mitigate the spread
of COVID-19.
W hen Executiv e Order 117 took effect, the gallery instituted a
number of protectiv e steps. W e closed the space to the public from
March 14, 2020 through the end of May 2020. The gallery was
reopened with significant restrictions and protectiv e measures,
including: signs requiring masks of all v isitors and members; a
sanitizing station; limits on occupancy including one member;
plexiglass shields in sev eral customer serv ice areas, hand sanitizer
at checkout and entry, and a prohibition on cash transactions. The
credit card reader is outside the plexiglass shield. W e suspended all
public gatherings, special shows and ev ents, and instituted online
featured shows and sales.
W hen v accines were released, all of our artists became v accinated.
W e continue to hav e 3 artists unable to work in the gallery due to
immunocompromised health conditions. W e hav e slowly increased
our operating hours to 44 hrs/week which is still below pre-pandemic
hours of 52 hrs/week.
W e continue to maintain signs requiring masks of all v isitors and
members; a sanitizing station; plexiglass shields in sev eral customer
serv ice areas, and hand sanitizer at checkout and entry. The credit
card reader is outside the plexiglass shield.
W e are seeking to increase our online presence and make all works
in the gallery av ailable online with continued options for curbside
pickup or shipping.
W e hav e instituted limited in-person artists openings but do not offer
food or drink so that masking may be maintained.
W e stay abreast of and immediately implement changing
recommendations and mandates from the County Health Department
and Orange County Gov ernment.
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
8 PT
Number of Public
Events Cancelled
since March 15,
2020
16
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Total Lost
Attendance since
March 15, 2020
7000
Number of Artists
paid during calendar
year 2019
22
Number of Artists
paid during calendar
year 2020
23
FINANCIAL
INFORMATION
n/a
2018-19 (2019)
Actual FY Income
311514
2018-19 (2019)
Actual FY Expense
304006
2019-20 (2020)
Actual FY Income
196881
2019-20 (2020)
Actual FY Expense
189688
2020-21 Actual FY
Income (Budgeted
2021 Income for
those on a calendar
fiscal year)
181325
2020-21 (2021)
Actual FY Expense
(Budgeted 2021
Expense for those on
a calendar fiscal
year)
193506
Please upload your current fiscal year Operating Budget
Budget2021.pdf
Upload Year-to-Date Balance Sheet
2021_Hillsborough_Gallery_Balance_Sheet.pdf
ELIGIBLE
EXPENSES
n/a
COVID-19 Relief Funding Already Received
e1c62bfb-c85d-49d1-b952-f4a48f92e702.xlsx
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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.
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