HomeMy WebLinkAbout2021-619-E-Arts Commission-North Carolina Arts in Action-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
North Carolina Arts in Action ("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: 1681A9E1-F01B-474E-8571-49803695781C
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 six thousand
dollars ($6,000.00 ) 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: 1681A9E1-F01B-474E-8571-49803695781C
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
$ 6,000.00 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: 1681A9E1-F01B-474E-8571-49803695781C
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: 1681A9E1-F01B-474E-8571-49803695781C
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
Marlon Torres, Executive Director Date
For and on behalf of Orange County Government
Bonnie Hammersley, County Manager Date
DocuSign Envelope ID: 1681A9E1-F01B-474E-8571-49803695781C
10/7/2021
10/12/2021
September 2021 v0.1
ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: North Carolina Arts in Action Party/Vendor Contact Person: Marlon Torres Contact Phone: 919-
619-0483 Party/Vendor Address: 103 West Weaver Street, Suite E City Carrboro State: NC Zip: 27510 Department:
County Manager Amount: $6,000.00 Purpose: Restart the Arts Budget Code(s): 49601020-683012-96002 Vendor #
55892 (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: 1681A9E1-F01B-474E-8571-49803695781C
10/7/2021
10/7/2021
10/12/2021
10/12/2021
Orange County Arts Commission Powered by Submittable
Name of organization
or business North Carol i na Arts i n Acti on
by MaryBeth Carpenter in Restart the Arts Grant
Application
P.O Box 51277
Durham, North Carolina
27717
United States
9196190483
marybeth@greatergiftsnc.com
08/13/2021
id. 20986308
Original application 08/13/2021
ORGANIZATION/BUSINESS
INFORMATION
n/a
Date organization
was formed
09/23/2005
Authorizing Official Marlon Torres
Authorizing Official -
phone number
9196190483
Authorizing Official -
email
Marlon@ncartsinaction.org
Grant Manager -
name (if different
from Authorizing
Official)
MaryBeth Carpenter
Grant Manager -
phone (if different
from Authorizing
Official)
919-741-2317
Grant Manager -
email (if different
from Authorizing
Official)
Marybeth@greatergiftsnc.com
Is your organization
physically located in
Orange County, NC?
Yes
Organization street
or PO Box address
103 W est W eav er Street, Suite E
DocuSign Envelope ID: 1681A9E1-F01B-474E-8571-49803695781C
Organization City Carrboro
Organization State North Carolina
Organization Zip
Code
27510
Organization website https://www.ncartsinaction.org
Organization Tax ID 203029784
Applicant
Race/Ethnicity
Hispanic/Latinx
Legal Status:501(c)3 or 501(c)6 Nonprofit Organization
IRS Determination Letter
NC_AIA_IRS_Letter.pdf
Are 25% or more of
your annual
expenses related to
the visual, performing
or literary arts?
Yes
NARRATIVE n/a
W hat is the mission
of your organization?
NC Arts in Action (NC AIA) uses dance, music and performance to
instill self-esteem, persev erance, and excellence in children. Its
v ision is to bring the NC AIA program to fourth grade children who
might not otherwise hav e the opportunity to participate in the
performing arts and benefit from the life skills they teach and inspire.
Teachers report that students who struggle in a traditional classroom
gain confidence and increase their ability to focus. NC AIA’s
instructors create an atmosphere of both mutual support and high
expectations. As one teacher wrote, “Students who struggled
academically were able to “shine” in Arts in Action. This self-esteem
that had been lacking started to spread into their academics, and
they no longer gav e up easily or considered themselv es unable to do
assignments.”
NC AIA motiv ates children to believ e in themselv es, prov ides an
env ironment with professional expectations and the encouragement
to dev elop a personal standard of excellence. Committed to serv ing
all children and with a focus on at-risk and underserv ed children, NC
AIA has continued its commitment to serv ing 14 Durham, Orange,
and W ake County schools and its 1400 fourth grade students. Since
2005, NC AIA has reached ov er 10,400 NC students through direct
instruction.
DocuSign Envelope ID: 1681A9E1-F01B-474E-8571-49803695781C
Provide a brief
description of your
pre-pandemic core
arts-related
programming or
offerings.
Far more than just another dance education program, NC AIA
motiv ates children to believ e in themselv es, prov ides a professional
env ironment with professional expectations and the nurturing and
encouragement to dev elop a personal standard of excellence. For
some students, their participation changes the trajectory of their
liv es. Committed to serv ing all children and with a focus on at-risk
and underserv ed children, NC AIA has continued its commitment to
serv ing 14 Durham, Orange, and W ake County schools and its 1400
fourth grade students. Since 2005, NC AIA has reached ov er 10,400
NC students through direct instruction.
Teachers report that students who struggle in a traditional classroom
gain confidence and increase their ability to focus. NC AIA’s highly
trained instructors create an atmosphere of both mutual support and
high expectations. As one teacher wrote in her ev aluation, “Students
who struggled academically were able to “shine” in Arts in Action.
This self-esteem that had been lacking started to spread into their
academics, and they no longer gav e up easily or considered
themselv es unable to do assignments.”
Our Saturday LEAP program fulfills a community need for children in
underserv ed schools to hav e exposure to the arts in an env ironment
that is all inclusiv e. Arts in Action programs utilize the unique
National Dance Institute teaching paradigm. This model captures
children’s innate lov e of mov ement. Students, who hav e nev er
before been exposed to dance instruction, learn that mov ement +
music + ideas + teamwork can be made into a dance that tells a story.
Arts in Action’s highly trained instructors create an atmosphere of
both mutual support and high expectations.
Although NC AIA’s program focuses on an entire fourth grade lev el,
who are ages 8 to 10, the residency supports community building.
Teachers of the Title 1 Schools in W ake, Durham, Orange or
Chatham county where our program operates participate in a
curriculum mapping session before the residency starts to
implement curriculum tie-in opportunities. The entire school and
community, including parents and friends, are inv ited to the
culminating large-scale performance ev ent. Our demographics are
53% are Hispanic; 38% are Black; 5% are W hite; 1% are American
Indian, 2% two or more races. Qualifying for the Federal free/reduced
lunch program are 83% of the students.
Our program begins with students learning the structure of dance
and how to prepare and focus mentally. Students learn to listen and
count music. Physical activ ities and games use the specific
pedagogy that promotes self-discipline and teamwork. Next they
study basic choreography, seeing how indiv idual steps are linked to
produce a whole more powerful than its parts. In the final portion of
the LEAP program, they learn how dance used with storytelling,
culture, tradition and fine arts builds community and civ ic pride. The
LEAP program culminates in sev eral performances throughout the
Triangle community.
DocuSign Envelope ID: 1681A9E1-F01B-474E-8571-49803695781C
Please explain the
impact of your
organization on the
Orange County
community in a
typical year.
NC AIA serv es Rashkis Elementary School and its 493 students. Our
program’s culminating performances are for the entire school and
community, with typically 1500 watching the two performances.
Arts in Action’s expertise is teaching children how to find excellence
in themselv es. Through an engaging pedagogy that uses dance as
the main v ehicle of instruction, our programs address three specific
needs:
* the dev elopment of critical life skills such as leadership, teamwork,
self-confidence, self-discipline, focus, resilience and commitment to
excellence;
* the promotion of healthy lifestyles, academic dev elopment and
appreciation for the arts and humanities through intensiv e physical
activ ities that can be practiced outside the classroom; and
* the prov ision of inclusiv e performing arts opportunities that are
integrated with the North Carolina Standard Course of Study and the
North Carolina Common Core State Standards.
"NC Arts in Action is so much more than a dance program. These
children hav e learned extraordinary lessons that they can apply to
many other areas of life. Arts in Action gav e them an opportunity to
excel, inspired them to care about themselv es and their peers, and
set a high standard of excellence that many would hav e thought
unreachable. I can’t say enough about what Arts in Action did for my
students." - Principal
Please explain your
intended use of a
Restart the Arts
Grant, if awarded.
Our Rashkis School program has been funded by OCAC and also in
former years by the Rashkis PTA. Since there was no in school
program this past year, there was no PTA fundraiser to help pay for
our program. Our Restart the Arts grant will pay for the Lead
Teaching Artist, the Teaching Assistant and the Musician for
Rashkis’ 16 -week in-school program this year. It will also pay for the
props for the theme, T-shirts for each fourth-grade student as the
“costume” for the performances, and for the liv e band on the day of
the performance. Our costs to hold this program are $25,000 per
school.
DocuSign Envelope ID: 1681A9E1-F01B-474E-8571-49803695781C
Please explain
measures taken by
your organization to
mitigate the spread
of COVID-19.
W ith COVID we mov ed to online learning. W e spent the summer and
fall shifting our approach to offer online instruction and began with
DPS through “W ellness W ednesdays”, taught afterschool programs
from remote locations and broadcasted v ia Zoom. Our annual gala
ev ent was v irtual and with $15,000 less in funds raised. W e spent
funds on computers for instructors and training for how to effectiv ely
teach online. Our W ake County schools hav e not all renewed the
program. W e also lost $21,000 in contributed income due to school
closures last year. W e completed Durham school programs in
January and taught at Rashkis school in Orange and 5 W ake County
schools (four less W ake County schools than last year).
The program was offered on our website and in partnership with our
schools in Chapel Hill and Durham. Liv e lessons were integrated into
our curriculum depending on our partner schools and teacher’s
needs and requests. Liv e classes were held v ia Zoom or Google Meet
or in-person with social distancing and safety measures in place.
In order to properly train our staff on online teaching tools, we
engaged National Dance Institute’s Master Trainer, Kay Gayner, to
work with NC AIA on script and theme dev elopment, techniques for
teaching online, and best practices for creating pre-recorded content
and teaching on Zoom.
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
1 FT, 5 PT
Number of Public
Events Cancelled
since March 15,
2020
333
Total Lost
Attendance since
March 15, 2020
4750
Number of Artists
paid during calendar
year 2019
12
Number of Artists
paid during calendar
year 2020
5
DocuSign Envelope ID: 1681A9E1-F01B-474E-8571-49803695781C
FINANCIAL
INFORMATION
n/a
2018-19 (2019)
Actual FY Income
496448
2018-19 (2019)
Actual FY Expense
490459
2019-20 (2020)
Actual FY Income
580030
2019-20 (2020)
Actual FY Expense
568866
2020-21 Actual FY
Income (Budgeted
2021 Income for
those on a calendar
fiscal year)
767269
2020-21 (2021)
Actual FY Expense
(Budgeted 2021
Expense for those on
a calendar fiscal
year)
504811
Please upload your current fiscal year Operating Budget
NC_AIA_FY_22_Operating_Budget.pdf
Upload Year-to-Date Balance Sheet
YTD_balance_sheet_detail_-_arts_in_action.pdf
ELIGIBLE
EXPENSES
n/a
COVID-19 Relief Funding Already Received
be1b66ee-4cc8-439f-96ba-d98e41bb547c.xlsx
ACKNOW LEDGMENT Please read the following statements below and click to agree to each
statement.
DocuSign Envelope ID: 1681A9E1-F01B-474E-8571-49803695781C
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: 1681A9E1-F01B-474E-8571-49803695781C