HomeMy WebLinkAbout2021-617-E-Arts Commission-Musical Empowerment-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
Musical Empowerment ("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
Kelley Downey, Executive Director Date
For and on behalf of Orange County Government
Bonnie Hammersley, County Manager Date
DocuSign Envelope ID: 9978ACCF-6224-4838-9174-30B7C8AA96E6
10/7/2021
10/12/2021
September 2021 v0.1
ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: Musical Empowerment Party/Vendor Contact Person: Kelley Downey Contact Phone: 919-818-
5764 Party/Vendor Address: 117 W. Main Street, Suite B2 City Carrboro State: NC Zip: 27510 Department: County
Manager Amount: $5,000.00 Purpose: Restart the Arts Budget Code(s): 49601020-683012-96002 Vendor # 65222
(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: 9978ACCF-6224-4838-9174-30B7C8AA96E6
10/7/2021
10/7/2021
10/12/2021
10/12/2021
Orange County Arts Commission Powered by Submittable
Name of organization
or business Musi cal Empowerment
by Executiv e Director in Restart the Arts Grant
Application
117 W. Main Street, Suite B2
Carrboro, North Carolina
27510
North Carolina
United States
9198185764
admin@musical-empowerment.org
08/31/2021
id. 21115380
Original application 08/31/2021
ORGANIZATION/BUSINESS
INFORMATION
n/a
Date organization
was formed
11/05/2013
Authorizing Official Kelley Downey, Executiv e Director
Authorizing Official -
phone number
9198185764
Authorizing Official -
email
kdowney@musical-empowerment.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)
kdowney@musical-empowerment.org
Is your organization
physically located in
Orange County, NC?
Yes
Organization street
or PO Box address
117 W . Main Street, Suite B2
DocuSign Envelope ID: 9978ACCF-6224-4838-9174-30B7C8AA96E6
Organization City Carrboro
Organization State Musical Empowerment
Organization Zip
Code
27510
Organization website www.musical-empowerment.org
Organization Tax ID 454589282
Applicant
Race/Ethnicity
Other
Legal Status:501(c)3 or 501(c)6 Nonprofit Organization
IRS Determination Letter
501c3_Verification_Letter_-_Musical_Empowerment.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?
Musical Empowerment is a 501 (c)(3) organization in North Carolina
that serv es elementary through high school aged children regardless
of race, socioeconomic status, academic standing, or musical ability.
For nearly 20 years, Musical Empowerment has prov ided equitable
music education and nurtured meaningful relationships between
collegiate mentors and low-income students who hav e reduced
access to music programs. The organization has partnerships with
fiv e North Carolina univ ersities and colleges for this program as well
as two out-of-state programs in New Hampshire and New York.
Students at Musical Empowerment participate in a unique mentorship
experience where they are paired with a collegiate mentor and
prov ided weekly one-on-one music lessons on the instrument of their
choice, which they own after three years. Most importantly, collegiate
mentors act as positiv e role models for low-income youth and teach
critical skills that music education prov ides, such as time
management, discipline, creativ ity, and dedication.
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Provide a brief
description of your
pre-pandemic core
arts-related
programming or
offerings.
Since 2002, Musical Empowerment (formerly, Carolina Music
Outreach) has prov ided free music lessons and mentorship in
Orange County. Musical Empowerment creates equitable access to
music education and pairs children with college mentors for free one-
on-one weekly music lessons. By nurturing meaningful relationships,
Musical Empowerment ensures that mentorship is mutually beneficial
for both parties. The children learn how to play an instrument, read
music, and showcase their talents at community recitals. Through
practice, and persistence, the children build essential skills for ev ery
part of life, constructing a foundation of confidence, creativ ity and
self-discipline. The partnership is a winning combination that makes
a lasting impact on the youth, their mentors, and their communities.
College mentors learn how to teach effectiv e music lessons,
communicate with children and parents, encourage, inspire, and
activ ely enable their students to succeed.
ME is dedicated to equitable access to music education for
elementary through high school aged children regardless of race,
ethnicity, disability, socioeconomic status, caste, religious
background, sexual orientation and identity, academic standing, or
musical abilities. W e serv e children from populations who hav e been
historically marginalized, subjected to systemic discrimination, and
excluded from full participation in society, so they can participate in
the making of music within their communities. Because of the
disparities in graduation rates and financial ability to participate in
extracurricular activ ities,Musical Empowerment specifically aims to
serv e low-income indiv iduals, people of color, and children from
immigrant families.
Before the pandemic, weekly music lessons were offered in-person at
community spaces with a recital ev ent marking the end of a
semester. Recitals prov ide an opportunity for students and mentors
to showcase pieces that they learned together. Students from the
following Orange County Schools hav e enrolled in music lessons with
Musical Empowerment:
Carrboro Elementary
Ephesus Elementary
Morris Grov e Elementary
Rashkis Elementary
Seawell Elementary
McDougle Middle School
Phillips Middle School
Smith Middle School
Carrboro High School
Chapel Hill High School
East Chapel Hill High School
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Please explain the
impact of your
organization on the
Orange County
community in a
typical year.
Pre-pandemic (fall 2019), there were 183 students from Orange
County enrolled in our programming. Currently (fall 2021) there are
189 students enrolled. This shows how our college student
v olunteers were able to adapt to cov id challenges and reach the
highest number of enrolled students yet.
Each end-of-semester recital brings together out-of-town audiences
from both the student and the college mentor families.
In addition to weekly music lessons, our students and their mentors
also receiv e access to arts ev ents v ia free concert tickets, lectures,
and professional dev elopment opportunities hosted by Musical
Empowerment.
Musical Empowerment has also partnered with other Orange County
arts organizations such as: The Chapel Hill Music Teacher
Association and The Art Therapy Institute.
As of Spring 2020 Languages spoken by Orange County students are
the following:
Karen 9%
Spanish 52%
Mandarin 3%
89% of the Orange County children enrolled at Musical Empowerment
are BIPOC and 93% of our Orange County students are low-income.
Please explain your
intended use of a
Restart the Arts
Grant, if awarded.
Funds from a Restart the Arts Grant will help write a hopeful future for
underserv ed youth in Orange County. Inv esting funds locally through
the hire of Ahmed F. Selim and his studio, Films for W orld Peace, will
allow Musical Empowerment to effectiv ely communicate our mission
while celebrating and inspiring mentors and students of the past,
present and future.
A $6,000 contract with Films for W orld Peace will yield production of a
v ideo campaign that will include six 2-minute v ideos. These v ideos
will prov ide our children a platform to showcase their music and tell
their stories, regardless of socioeconomic status or musical ability.
The campaign will help share Musical Empowerment’s mission
through an interactiv e musical experience.
Videos will include the following Orange County
People: Students and College mentors (from 2002 to now)
Passion: Continued support from the Orange County Arts
Commission and arts community
Places: UNC campus, Carrboro NC Youthworx Office, lessons
spaces, public schools
This v ideo campaign will celebrate students and mentors of the past
20 years, recruit and inspire new students/mentors of the future and
create awareness in the arts community to ensure 20 more years of
music and mentorship in Orange County.
Please explain
measures taken by
The safety of Musical Empowerment mentors and families is the
number one priority. W orking with our families, board of directors,
DocuSign Envelope ID: 9978ACCF-6224-4838-9174-30B7C8AA96E6
your organization to
mitigate the spread
of COVID-19.
and community, Musical Empowerment has put forth the following
measures to mitigate the spread of COVID-19 in our program:
To participate in Musical Empowerment for the fall 2021 semester, all
mentors must submit proof of v accination. Mentors and students will
then be giv en the choice to continue with v irtual lessons or to return
to in-person lessons.
In-Person Lessons
Pairs that return for in-person lessons will be required to wear a mask
during the lessons. This applies to mentors, students, siblings, and
parents/guardians who are in the lesson room. Mentors and families
must always follow guidelines set by the lesson space and not stay
on the premise beyond their allotted lesson time. Sanitation wipes,
hand sanitizer, and extra masks will be prov ided for mentors and
families to use before and after lessons.
Ev en with these guidelines in place, there is a risk associated with
meeting in-person. Families and mentors will sign an updated
agreement stating that they understand this risk.
Virtual Lesson Options
In-person pairs are allowed to do v irtual lessons if needed. If pairs
expect doing at least half of lessons v irtually, they should remain
100% v irtual so space can be used for pairs able to meet more
regularly in-person. The v irtual lesson platform will be determined by
the mentor and student.
Cov id Symptoms or Positiv e Tests
If you are experiencing any cov id symptoms, cancel your lesson or
mov e it to a v irtual platform.
If you or someone in your household receiv es a positiv e cov id test,
please inform Musical Empowerment staff immediately v ia email
(aflors@musical-empowerment.org) or phone (440-665-7391) so that
we can inform others who may hav e been exposed.
You will not meet in-person for two weeks after the positiv e result or
until you receiv e a negativ e result, whichev er comes first.
If there is a substantial breakout of cov id that causes a local school
or the univ ersity to pause in-person operations, Musical
Empowerment will follow suit and pause in-person lessons until it is
safe to resume.
Additional Musical Empowerment Operations
Musical Empowerment leadership teams are expected to meet in
person weekly or bi-weekly with an option for v irtual attendance as
needed. Masks will be required during meetings.
Musical Empowerment chapters will host at least one opportunity for
in-person performance at the end of each semester. A v irtual recital
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will also be hosted on December 1 and May 1 for students who may
still prefer a v irtual performance option.
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
3
Total Lost
Attendance since
March 15, 2020
600
Number of Artists
paid during calendar
year 2019
1
Number of Artists
paid during calendar
year 2020
1
FINANCIAL
INFORMATION
n/a
2018-19 (2019)
Actual FY Income
244476
2018-19 (2019)
Actual FY Expense
225933
2019-20 (2020)
Actual FY Income
96186
2019-20 (2020)
Actual FY Expense
184132
2020-21 Actual FY
Income (Budgeted
2021 Income for
those on a calendar
fiscal year)
257000
DocuSign Envelope ID: 9978ACCF-6224-4838-9174-30B7C8AA96E6
2020-21 (2021)
Actual FY Expense
(Budgeted 2021
Expense for those on
a calendar fiscal
year)
258100
Please upload your current fiscal year Operating Budget
Approv ed_2021_Budget_-_2021_Final_Approv ed_Budget.pdf
Upload Year-to-Date Balance Sheet
Budgetv sActuals2021Approv ed-FY21PL.pdf
COVID-19 Relief Funding Already Received
94fa3680-8f52-4c7a-ad70-9f712caaa13a.xlsx
ACKNOW LEDGMENT Please read the following statements below and click to agree to each
statement.
By submitting this
application, I
acknowledge I have
read and understood
the guidelines for the
Restart the Arts
Grant Program. I
make the following
representations and
acknowledge
agreement to the
following terms and
conditions:
I am the duly authorized representativ e of the entity named abov e
and can bind the entity to the terms of this Agreement.
If funds are prov ided by Restart the Arts, the funds will be used for
the purposes set forth abov e.
I bear full responsibility for any and all tax consequences of receiv ing
grant funds.
The representations made by the applicant in this Application are
material terms of the Agreement, as is compliance with the Grant
Program. The OCAC may cancel this Agreement at any time upon
discov ery that any of the information set forth abov e is inaccurate,
that these terms hav e been v iolated, or any prov ision of the Grant
Program has been v iolated.
If funded, the applicant will prov ide documentation as ev idence for
future expenses. Documents such as receipts, bill/inv oices, monthly
financial statements, and payroll ledgers.
DocuSign Envelope ID: 9978ACCF-6224-4838-9174-30B7C8AA96E6