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HomeMy WebLinkAbout2021-618-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 Music Maker Foundation ("Grant Recipient"). WHEREAS, the County established the Arts Commission as a countywide arts agency that ensures the growth of local arts experiences by providing funding and support for diverse high quality programs and projects; and, WHEREAS, the Arts Commission administers the Restart the Arts Grant Program to provide economic relief to Orange County arts organizations impacted by the COVID-19 pandemic; and, WHEREAS, the Restart the Arts Grants Program is supported by Arts Commission with American Rescue Plan Act funds; and, WHEREAS, the COVID-19 pandemic has disproportionately impacted the arts and entertainment industry, stopping nearly all direct spending by nonprofit arts organizations and their patrons in our local economy, a loss estimated to be more than $130M; and WHEREAS, the Orange County Arts Commission and Orange County Board of Commissioners wish address both economic and societal chal lenges faced by our community in the wake of the current, prolonged shutdown of the arts industry; and, WHEREAS, the American Rescue Plan Act provides that funds may be used to respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; and, WHEREAS, the Restart the Arts Grant Program aligns with the funding priorities identified in the American Rescue Plan (ARP), including:  Assist Orange County households by putting our artists back to work. There are approximately 4,000 creative workers in Orange County. This program will support employment of our creative workforce through nonprofit support and expanded programs.  Help our small businesses by restoring arts audiences. Arts patrons spend $36.7M each year in our small businesses when attending arts events, ten DocuSign Envelope ID: 20F9CBFD-5EC6-42C0-9D89-E47774163603 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 ten thousand dollars ($10,000.00 ) have been awarded by the Arts Commission to the Grant Recipient for the approved Project. 3. Contingency. This grant is contingent on American Rescue Plan Act funding to Orange County. Final decisions on funds are subject to rules promulgated by the US Treasury. 4. Responsibilities of the Grant Recipient A. Implementation. These grant funds are to be used by June 30, 2022. Grantees shall be required to submit documentation of expenses in final report. Grantees have to submit documentation of expenses incurred in order to receive funds. If Grantees do not submit proper documentation, they will not be eligible for reimbursement under the Agreement. B. Non–assignment. The grant cannot be assigned or transferred to a different organization without prior written approval of the Arts Commission. DocuSign Envelope ID: 20F9CBFD-5EC6-42C0-9D89-E47774163603 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 $ 10,000.00 to the Grant Recipient. 6. Publicity A. Acknowledgement. Credit must be given to the Orange County Arts Commission in brochures, news releases, programs, and all other printed and online publications. Copies of such printed materials must accompany the evaluation report. Official Orange County Arts Commission logos may be downloaded at www.artsorange.org/grantee-resources and may not be altered in any way. When no printed information is used, verbal credit shall be given. B. The Grant Recipient must enter all events, exhibits, and performances open to the public and related to this grant award on the Orange County Arts Commission website at www.artsorange.org/events . In addition, the Grant Recipient must add a link to www.artsorange.org (Orange County Arts Commission logo preferred) to their main webpage. Logos can be found at https://artsorange.org/ocacgrants/grantee-resources/logo-usage-credit-lines/ 7. Indemnity. The Grant Recipient agrees to indemnify and hold harmless the County, the Arts Commission and their officers and employees from any and all claims or actual injury, damage or loss to a person, or real or personal property that results from or is in any way connected to the use of the grant funds. 8. Independent Contractor. The Grant Recipient is an independent contractor and not an employee, agent or other representative of the County and/or the Arts Commission. Nothing contained in this Agreement shall be construed to create the relationship of principal and agent, or employer and employee, between Grant Recipient and Arts Commission or Orange County Government. Grant Recipient understands and agrees that they are not authorized to incur any expenses or any liability whatsoever on behalf of the County or the Arts Commission and has no authority, expressed or implied, to DocuSign Envelope ID: 20F9CBFD-5EC6-42C0-9D89-E47774163603 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: 20F9CBFD-5EC6-42C0-9D89-E47774163603 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 Gabi Mendick, Advancement Coordinator Date For and on behalf of Orange County Government Bonnie Hammersley, County Manager Date DocuSign Envelope ID: 20F9CBFD-5EC6-42C0-9D89-E47774163603 10/7/2021 10/12/2021 September 2021 v0.1 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Music Maker Foundation Party/Vendor Contact Person: Gabi Mendick Contact Phone: 919-643- 2456 Party/Vendor Address: 224 W Corbin St City Hillsborough State: NC Zip: 27278 Department: County Manager Amount: $10,000.00 Purpose: Restart the Arts Budget Code(s): 49601020-683012-96002 Vendor # 57180 (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: 20F9CBFD-5EC6-42C0-9D89-E47774163603 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 c Maker Foundati on by Mollie O'Reilly in Restart the Arts Grant Application 224 W. Corbin Street Hillsborough, North Carolina 27278 United States 9196432456 mollie@musicmaker.org 08/26/2021 id. 21075186 Original application 08/26/2021 ORGANIZATION/BUSINESS INFORMATION n/a Date organization was formed 04/04/1994 Authorizing Official Gabi Mendick, Adv ancement Coordinator Authorizing Official - phone number 9196432456 Authorizing Official - email gabi@musicmaker.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 224 W Corbin St DocuSign Envelope ID: 20F9CBFD-5EC6-42C0-9D89-E47774163603 Organization City Hillsborough Organization State NC Organization Zip Code 27278 Organization website musicmaker.org Organization Tax ID 133782018 Applicant Race/Ethnicity W hite, not Hispanic Legal Status:501(c)3 or 501(c)6 Nonprofit Organization IRS Determination Letter MM_501c3doc.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? Music Maker Foundation tends the roots of traditional American music by meeting the day-to-day needs of the artists who create it, ensuring their v oices are heard, and giv ing all people access to our nation’s hidden musical treasures. Through our sustenance program we prov ide grants to our musician partners to help them keep roofs ov er their heads, food on their tables, and giv e them social serv ices and the ability to weather crises that affect their liv es. W e help our musician partners build their income by helping them book performances — ev erywhere from v enues in their hometowns to stages around the world. W e also release our artists’ recordings and create exhibitions that tour museums across the United States, creating cultural equity for our partner artists by showing the public the significance of their work. Provide a brief description of your pre-pandemic core arts-related programming or offerings. Music Maker concentrates on the essential musical traditions of the South: blues, gospel, string band, folk, Nativ e American, and singer- songwriter. The majority of our Partner Artists are African American musicians working in roots traditions, who are ov er the age of 55 and whose annual income is less than $25,000. Many of the North Carolina based musicians we partner with are working class indiv iduals who lack resources and access to technology and DocuSign Envelope ID: 20F9CBFD-5EC6-42C0-9D89-E47774163603 opportunities to adv ance their musical careers. Music Maker prov ides access to contacts, recording spaces, public relations serv ices, and performance opportunities so that these talented artists can be heard. W e seek to engage audiences with their cultural heritage in meaningful ways. W e do this by presenting liv e performances in Orange County and bringing local artists to stages across the world. W e help people see their role as participants in their own culture and giv e young musicians access to the traditions that are their birthright and responsibility to carry forward. Our museum exhibition program aims to educate audiences about the musicians we work with and tell their stories. The program continues to be activ e with three installations ov er summer 2021. Freeman Vines: Hanging Tree Guitars is currently on v iew at the Southeastern Center for Contemporary Art in W inston-Salem and will tour Virginia and North Dakota before coming to The Imperial Center in Rocky Mount, NC in the summer of 2023. The companion v irtual exhibit is av ailable to Orange County residents at exhibit.hangingtreeguiatrs.com. Our photographic exhibitions are also on tour, Our Liv ing Past is at the Birthplace of Country Music in Bristol, TN and Blue Muse: Preserv ing the Roots of the American South was at the Danv ille Museum of Fine Arts and History in Danv ille, VA. The books and music we produce giv e local residents lasting access to our regional culture. Music Maker published 3 books in partnership with UNC Press in 2019 entitled Blue Muse: Timothy Duffy’s Southern Photographs, W e Are the Music Makers! and Music Makers: Portraits and Songs from the Roots of America. Our independently published book, Hanging Tree Guitars by Freeman Vines was listed on NPR's “Best Books of 2020” in six categories and the companion CD was named Best Release of 2020 by legendary rock critic Bob Christgau. Music Maker has a permanent archiv e for all of our documentation work in the Southern Folklife Collection of W ilson Library at UNC CHapel Hill. Youth engagement is key to passing forward our musical traditions. W e make an effort to bring senior traditional musicians to perform for and workshop with local youth at GirlsRockNC summer camps and local schools including HIllsborough Elementary and Eno Riv er Academy Prior to the pandemic, Music Maker typically booked, managed and financed about 500 artist performances at more than 100 ev ents annually. W e reached about 150,000 people a year through liv e performances and 80,000 people per year through exhibitions. DocuSign Envelope ID: 20F9CBFD-5EC6-42C0-9D89-E47774163603 Please explain the impact of your organization on the Orange County community in a typical year. Throughout a typical year Music Maker presents sev eral concerts in Orange County, introducing the community to our Partner Artists, and to their own musical heritage. The annual Freight Train Blues series presented with the Town of Carrboro honors Piedmont Blues legend Elizabeth Cotten (b. 1893 in Carrboro) and her contributions to American roots music by highlighting the cultural significance, div ersity, and v itality of her community. Fiv e free concerts are presented on Friday ev enings in May and June, hosting up to 500 attendees at each performance at Carrboro Town Commons. In 2020 and 2021 the concerts were filmed locally and presented v irtually and v iewed by audiences worldwide. W e are especially excited to bring our liv e format back in 2022 at Carrboro Town Commons. W e will use this opportunity to introduce the audience to some of the lesser known North Carolina based talent that we hav e discov ered ov er the past year. Music Maker presents the annual Picnic in the Park in collaboration with the Alliance for Historic Hillsborough. Attendance ranges from 750 to 1,000 people at the free, family friendly ev ent that features performances by senior musicians and emerging artists, along with food trucks and games. The Day of Remembrance at Margaret Lane Cemetery in Hillsborough, is a gospel ev ent honoring the enslav ed community members buried in the Margaret Lane Cemetery. This was launched in 2018, and though we would like to hold the Day of Remembrance as a bi-annaul ev ent, we will wait for the pandemic to resolv e before mov ing forward. Throughout the year, we typically also present sev eral other small ev ents and concerts, often in collaboration with other area institutions including the Center for the Study of the American South at UNC Chapel Hill, The Burwell School and the Hillsborough Arts Council. The programming we present is accessible and inclusiv e for artists and audiences alike. Many of the concerts we present are free, and audience members often discov er their new fav orite artist. Music Maker also hosts student interns from UNC who work on a v ariety of projects based on their skills and interests. The internship program has been suspended during the pandemic, but we look forward to welcoming students to get inv olv ed again in the future. DocuSign Envelope ID: 20F9CBFD-5EC6-42C0-9D89-E47774163603 Please explain your intended use of a Restart the Arts Grant, if awarded. W e plan to use the Restart the Arts Grant funds to support Music Maker full time and contract staff salaries. This funding will allow our staff to thoughtfully begin rebuilding our programming that was affected by the pandemic. Music Maker concerts and ev ents are typically planned sev eral months in adv ance - booking talent, securing v enues, and promotion require a lot of logistical planning. It is still difficult to predict what the state of the pandemic will be and what regulations will look like mov ing forward, but the grant would enable our staff to continue working on programming accordingly. Our staff is taking into account all v ariables, and planning for v arious scenarios including liv e concerts and high quality v irtual performances. Though we hope that regular programming will return in the coming year, this grant would prov ide the security to account for cancellations and unforeseen changes. During the pandemic, we hav e produced an ongoing artist talk series, “In Conv ersation with Freeman Vines,” in which the artist speaks with renowned curators, musicians and historians. W e also produced two seasons of v irtual concert series featuring many local artists for “Freight Train Blues” in collaboration with the Town of Carrboro. W e continue to find ways to support artists, creating work and performance opportunities, and ways to share their music and their stories, no matter what challenges we face. Keeping our staff intact will also allow Music Maker to continue serv ing our Partner Artists who rely on our assistance, especially so during the pandemic. Music Maker prov ides monthly sustenance grants and emergency grants to artists in need. During the calendar year 2020, at the height of the pandemic, we were able to sharply increase the amount of financial aid being sent to partner artists. W e prov ided 1005 grants to 109 Partner Artists, distributing a total of $185,393. No matter how long the pandemic persists and artists are unable to earn income from regular gigs, we will continue to support them and stand by them howev er we can. Our staff also works with artists to find additional resources, funding, and partners when Music Maker does not hav e the capacity to fully meet their needs. Artist Serv ices Coordinator, Brittany Anderson, regularly checks in with artists to ensure that they are in good health and good spirits, and that we are doing all we can to support them. Our staff also works on documenting artists’ stories and their music. W e do this through recording and releasing albums, photography, and telling stories on our blog. All of this documentation comes together in the exhibitions that Music Maker creates and the books that we publish. These projects serv e as documentation and to educate audiences through multimedia. Each member of our staff contributes to different elements of sharing this music and these stories, ensuring that our Partner Artists are well documented and will be remembered for many years to come. DocuSign Envelope ID: 20F9CBFD-5EC6-42C0-9D89-E47774163603 Please explain measures taken by your organization to mitigate the spread of COVID-19. In the early days of the pandemic, the Music Maker staff, aside from Executiv e Director and Managing Director Tim and Denise Duffy, worked remotely. W hen the staff did return to the office they wore masks and each staff member worked in their own office space. Ev en within the office, meetings were conducted ov er Zoom in order to maintain social distance. Our staff is now 100% v accinated, including those working full time in the office, as well as part time and contracted employees. W hen v accines became av ailable, our Artist Serv ices Coordinator, Brittany Anderson, checked in with all of Music Maker’s partner artists to ensure that they were well informed and had access and the ability to receiv e a v accine. This was Brittany’s priority especially because most of our Partner Artists are elderly and hav e preexisting health conditions. During the pandemic we began sending supplemental COVID relief grants to artists who lost income due to the pandemic. W e wanted to ensure that artists were able to stay home and did not hav e to take measures or work that would put themselv es at risk in order to make up for lost income. W hen we produced v irtual ev ents ov er the course of the pandemic, all artists were COVID tested prior to tapings. Aside from the artists who were performing, all present wore masks and social distanced. W e are continuing to express caution mov ing forward in planning and executing ev ents. W e recently cancelled a concert that was scheduled to take place at an indoor v enue in August because there was high COVID spread in the area. W e do not want to put our artists or audiences at risk and will continue to adapt and support our artists and share their music in safe manners. 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 2FT Number of Staff Positions Furloughed/Hours Reduced since March 15, 2020 1PT Number of Public Events Cancelled since March 15, 2020 43 DocuSign Envelope ID: 20F9CBFD-5EC6-42C0-9D89-E47774163603 Total Lost Attendance since March 15, 2020 355948 Number of Artists paid during calendar year 2019 66 Number of Artists paid during calendar year 2020 18 FINANCIAL INFORMATION n/a 2018-19 (2019) Actual FY Income 1038942 2018-19 (2019) Actual FY Expense 1028461 2019-20 (2020) Actual FY Income 1145977 2019-20 (2020) Actual FY Expense 1029666 2020-21 Actual FY Income (Budgeted 2021 Income for those on a calendar fiscal year) 964171 2020-21 (2021) Actual FY Expense (Budgeted 2021 Expense for those on a calendar fiscal year) 933588 Please upload your current fiscal year Operating Budget MMF_Budget_FY21_22_1.pdf Upload Year-to-Date Balance Sheet Music_Maker_Balance_Sheet_8-23-21.pdf ELIGIBLE EXPENSES n/a COVID-19 Relief Funding Already Received 9b0c53c1-e968-4d58-b3d5-b51116ca07ce.xlsx DocuSign Envelope ID: 20F9CBFD-5EC6-42C0-9D89-E47774163603 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: 20F9CBFD-5EC6-42C0-9D89-E47774163603