HomeMy WebLinkAbout2021-611-E-Arts Commission-Hillsborough Arts Council-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 Hillsborough Arts Council ("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
Mollie Thomas, Executive Director 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 Arts Council Party/Vendor Contact Person: Mollie Thomas Contact Phone: 919-
593-1491 Party/Vendor Address: 102 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 # 19946
(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: 5F87C543-753D-43CF-B6E6-16661AB51ADE
10/7/2021
10/10/2021
10/12/2021
10/12/2021
Orange County Arts Commission Powered by Submittable
Name of organization
or business The Hi l l sborough Arts Counci l
by Mollie Thomas in Restart the Arts Grant
Application
102 N. Churton St.
Hillsborough, North Carolina
27278
NC
United States
9196432500
director@hillsboroughartscouncil.org
08/31/2021
id. 21115822
Original application 08/31/2021
ORGANIZATION/BUSINESS
INFORMATION
n/a
Date organization
was formed
09/20/1999
Authorizing Official Mollie Thomas, Executiv e Director
Authorizing Official -
phone number
9196432500
Authorizing Official -
email
director@hillsboroughartscouncil.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
102 N Churton St
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Organization City Hillsborough
Organization State NC
Organization Zip
Code
27278
Organization website www.hillsboroughartscouncil.org
Organization Tax ID 562163979
Applicant
Race/Ethnicity
Other
Legal Status:501(c)3 or 501(c)6 Nonprofit Organization
IRS Determination Letter
501-c3_Determination_-_HAC.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 Hillsborough Arts Council's (HAC) mission is to build and enrich
our community through The Arts. HAC is an essential institution for
our historic town and surrounding communities-- a div erse mix of
traditionally rural, urban, and suburban folk of all races and
backgrounds, including a growing number of immigrants. HAC's core
beliefs and priorities include: ensuring all programs and ev ents are
appealing across all demographics, that we prov ide economic and
creativ e opportunity for Artists in Hillsborough and surrounding
communities, and that we create opportunities for connecting with,
illuminating, and celebrating our rich, complex history and ev olv ing
culture through thoughtful public art and meaningful cultural
programming. W e are committed to ensuring institutional longev ity
by prov iding leadership that assures consistent programming that
has a positiv e impact on the social cohesiv eness of our div erse,
rapidly growing community.
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Provide a brief
description of your
pre-pandemic core
arts-related
programming or
offerings.
Many of our signature programs successfully expanded their impact
in the summer/fall of 2019. HAC’s Last Fridays Art W alk brought
thousands of locals and v isitors to Hillsborough between March and
October to enjoy music, more than 20 arts and craft v endors, and
town wide exhibitions and musical performances at local v enues and
galleries. The Riv erpark Concert in October 2019 was attended by
more than 15,000 music lov ers including families. The Parlor Concert
Series expanded from a season 3, to 6 planned concerts, performed
by div erse artists in 6 different genres, hosted in local homes of
residents from v arious racial and socio-economic backgrounds. The
Handmade Parade (ev ery other year) and Solstice Lantern W alk
(ev ery December) brought thousands of locals and v isitors,
especially families, to Hillsborough with their handmade puppets and
lanterns. Through these programs, HAC regularly worked with
leaders, organizations, and schools in outlying rural and minority
communities, hosting workshops and organizing after school
programs in county public elementary schools, 2 minority community
centers and 5 minority churches. In 2019, the more than 50 artists in
our retail shop earned ov er $25,000 in commissions. Art in the Heart,
our juried Spring Art Show, brought in top artisans from throughout
the greater Triangle Area to showcase their work. Looking at data we
hav e collected through our point of sale system at our Gallery and
Gift Shop and online ticket sales, our div erse audiences and patrons
come from all ov er Orange County and the broader Triangle Area.
Most of our programs are free and open to the public remov ing
socio-economic barriers to participation. Between 2010 and 2019, our
region has experienced a population growth of more than 300,000
people. According to the most recent census, the North Carolina
Triangle Area is one of the fastest growing and urbanizing regions in
the United States, a trend mostly driv en by migration. W ith many of
these new arriv als coming from other countries as well as from
culturally distinct regions of the United States, our historically
significant, southern, rural mill town is faced with the task of
protecting its rich indigenous, black, and early Colonial era Arts,
culture, and character from the ov erwhelming force of gentrification,
homogenization, and urbanization, while maintaining sensitiv ity and
openness to the process of cultural and generational change. The
Hillsborough Arts Council has turned to our community's indigenous
leaders, African American poets, and Roots musicians, and artisans
to lead us as we graft these new branches onto our deeply rooted
tree--adding colors, sounds, languages, smells, and flav ors from
other parts of the nation and world. The thousands of Triangle
residents and out of town v isitors we serv e experience a culture that
is meaningful with a strong sense of place that is racially, ethnically,
ideologically, generationally, and socioeconomically div erse, that
celebrates personal creativ ity and unique characters, and inv ites
newcomers to participate in culture making rather than simply
absorbing them. Cultiv ating young Arts leaders and practitioners is a
high priority for The Hillsborough Arts Council. W e are proud to hav e
longstanding partnerships with local schools.
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Please explain the
impact of your
organization on the
Orange County
community in a
typical year.
Ev ery year, our signature concerts and ev ents, The Handmade
Parade, Riv erpark Concert, Last Fridays Art W alk, and The Solstice
Lantern W alk draw thousands of residents and v isitors, making Arts
and Culture a major driv er of our town's recent economic rev iv al.
Ev ery month, ov er 20 businesses and v enues, employing dozens of
artists, musicians, poets, authors, and dancers, participate in HAC's
Last Fridays Art W alk. HAC's Gallery and Gift Shop currently
consigns work from more than 55 local artists and craftspeople,
distributing ov er $2000 per month in artist commissions. W e do more
than support our community's economic prosperity - we create
unforgettable experiences that bridge gaps and spark new
connections. All of HAC's programs are designed to prov ide
meaningful opportunities for community members and v isitors to
gather, not only to enjoy the Arts, but to make music, dance, sing,
and activ ely participate in the process of creating shared culture in a
complex, rapidly changing world. W e collaborate with gov ernmental
and non-gov ernmental organizations, including our Nativ e Tribal
Councils, schools, history museums, community centers, and
churches to increase the av ailability of arts and cultural educational
programming, workshops, and help nav igating local support
networks and resources.
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Please explain your
intended use of a
Restart the Arts
Grant, if awarded.
During the pandemic, The Hillsborough Arts Council's ov er reliance
on v olunteers became a huge v ulnerability for us. W hile we had an
Executiv e Director in place for sev eral years, our fundraising,
marketing, social media, program coordination, and Gallery and Gift
Shop, had been heav ily managed by v olunteers. W ith many of our
v olunteers stepping back during the pandemic, the burden of
managing all programs, social media, grants, and operations became
an ov erwhelming job for our Executiv e Director and HAC’s dedicated
core of v olunteers. W e were forced to scale back programs and cut
back hours at the shop, resulting in thousands of dollars in lost
rev enue and artist commissions. In January, 2021, our Executiv e
Director resigned, unable to manage homeschooling her children and
running our busy organization. Taking a financial risk, the board
decided to hire a part time Gallery and Gift Shop Manager and a Part
time social media and marketing contractor to ensure our most
crucial programs and functions continued to operate. As a result, our
Gallery and Gift Shop rev enues and artist commissions increased
more than 100% ov er our normal, pre-pandemic numbers. Our social
media and v irtual program engagement and attendance saw a
marked increase. Encouraged by these exciting results, the board
decided to transition our part time contractors to full time salaried
employees, with plans to hire a part time associate to support the
Gallery and Gift Shop Manager. W ith the goal of ensuring the
sustainability of our important inv estment in professional
management, we are working to optimize our fundraising apparatus
with the goal of increasing our sustainer base, enlist the support of
local foundations, and solicit major gifts. To that end, we are in the
process of purchasing a customer relationship management tool
(CRM) to ensure proper stewardship of funds and implement
fundraising best practices mov ing forward. The Restart the Arts
grant will be used to support our operating costs during this period
of transition. Stable management and a robust dev elopment program
will ensure The Hillsborough Arts Council continues to be a positiv e
force in our community and beyond, in good times and in bad, for
many years to come.
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Please explain
measures taken by
your organization to
mitigate the spread
of COVID-19.
W hen the pandemic hit, public ev ents were sev erely restricted,The
Hillsborough Arts Council mov ed quickly to implement safety
measures and Cov id safe program modifications. Last Fridays and
Riv erpark concerts went v irtual and outdoor, socially distanced,
Garden Concerts replaced indoor Parlor Concerts. From March-
December 2020, we organized a series of rov ing, socially distanced
performances on a flatbed trailer, giv ing local spoken word poets,
home-bound high school musicians, local amateurs, and
professional musicians hit hard by gig cancellations opportunities to
play-- a huge success and a great boost to community morale. W hen
the Cov id shutdown ended, our Gallery and Gift Shop reopened with
strictly enforced capacity limits, enhanced sanitization, free masks
and hand cleaner, priv ate shopping appointments, and an online
holiday store to continue prov ide income to our 55 consigning
artists. W e collaborated with the Orange County Arts Commission to
host a v irtual Plein Air painting festiv al in October 2020, with
participants joining from across the state and some further afield. To
support students learning at home, our ArtCycle program went into
ov erdriv e, deliv ering thousands of dollars worth of art supplies to
local schools for distribution to those in need.
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
13
Total Lost
Attendance since
March 15, 2020
40000
Number of Artists
paid during calendar
year 2019
70
Number of Artists
paid during calendar
year 2020
70
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FINANCIAL
INFORMATION
n/a
2018-19 (2019)
Actual FY Income
190281
2018-19 (2019)
Actual FY Expense
156631
2019-20 (2020)
Actual FY Income
197212
2019-20 (2020)
Actual FY Expense
207588
2020-21 Actual FY
Income (Budgeted
2021 Income for
those on a calendar
fiscal year)
145875
2020-21 (2021)
Actual FY Expense
(Budgeted 2021
Expense for those on
a calendar fiscal
year)
111355
Please upload your current fiscal year Operating Budget
Budget_Ov erv iew_HAC_-_FY22_PL_Classes.pdf
Upload Year-to-Date Balance Sheet
HAC_BalanceSheet_Aug_2021.pdf
COVID-19 Relief Funding Already Received
d8a24db0-3de4-4d1c-bb7b-fb9da3fbb7b3.xlsx
ACKNOW LEDGMENT Please read the following statements below and click to agree to each
statement.
DocuSign Envelope ID: 5F87C543-753D-43CF-B6E6-16661AB51ADE
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: 5F87C543-753D-43CF-B6E6-16661AB51ADE