HomeMy WebLinkAbout2025-129-E-County Mgr-Orange County Public Schools-Manager’s Office-Arts CommissionRevised 01/24
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ORANGE COUNTY—INTERNAL USE ONLY
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Finance Information
Vendor Name: Orange County Public Schools Vendor Contact Person: Rhonda Rath Phone: (919) 732-8126
Address: 200 East King Street City Hillsborough State: NC Zip: 27278 Department: Manager’s Office/Arts
Commission Amount: $15,080 Purpose: 2024-25 Arts Grants
Budget Code(s): 37601020-683000 Vendor # 178
Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No
Contract Details
Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment )
Effective Date End Date Notice Date (Notice Purpose )
Award
Approved by Board (Agenda Date: ); Made or Administered by
Signature Authority
- BOCC Express Delegation (Agenda Date: )
- Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000
- Budget Policy Section XV (Capital Improvement Project: )
Bidding
Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# )
Department Affirmation
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 execution of the agreement.
This agreement is approved as to technical form and content. Services related to this agreement have already
begun or been completed. Description of the nature of the emergency condition that was addressed:
Department Director’s Signature ________________________________________ Date: ________
Information Technologies
This agreement has been reviewed and is approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Inapplicable because no hardware/software purchases or related services
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
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 contracts:
Received for record retention:
Office of the Clerk to the Board __________________________________________Date:_________
Docusign Envelope ID: 130B17D5-47E5-42C3-B593-2279756BD3C7
3/26/2025
3/31/2025
3/31/2025
3/31/2025
GRASSROOTS ARTS PROGRAM / ARTIST PROJECT GRANT 2024-25
Grantee Name
Authorizing Official Name
Email
Project Title
Award $
Grant Category ☐Grassroots Arts Program ☐Artist Project Grant Program
Funding Source ☐North Carolina Arts Council ☐Orange County
Grant project period July 1, 2024 – June 30, 2025
As Authorizing Official, I acknowledge the following terms and understand if they are not met, I jeopardize future
funding opportunities from the Orange County Arts Commission. I understand a Compliance Score is issued for future
grants based on my adherence to the following terms:
OCAC Report Due Monday, July 14, 2025
Multicultural Spending Grantee must spend $ on the hiring of multicultural artists as specified
in the grant application.
Crediting and logo usage All grantees must properly credit the Orange County Arts Commission using the
proper logo on all publicity materials for the funded program. Recipients of
operations-related grants must include the OCAC logo with link to
www.artsorange.org on grantee’s website. If funding source is listed as N.C. Arts
Council above, grantee must also properly credit the N.C. Arts Council using the
proper logos and N.C. Arts Council credit line on all publicity materials for
funded program. Download logos on the OCAC website at
https://artsorange.org/grants/grantee-resources.
Calendar Listing Grantee 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.
Orange County Public Schools
Rhonda Rath & Dr. Danielle Jones & Tonya Wagner
rhonda.rath@orange.k12.nc.us; danielle.jones@orange.k12.nc.us, tonya.wagner@orange.k12.nc.us
Title 1 Artist Residency Program
15,080
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7,500
Docusign Envelope ID: 130B17D5-47E5-42C3-B593-2279756BD3C7
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Revised August 2022
ORANGE COUNTY
ARTS COMMISSION
2024-25 GRANT
AGREEMENT
THIS AGREEMENT, entered into this 6 day of September, 2024, by and between Orange
County ("County"), by and through the Orange County Arts Commission ("Arts
Commission") and ("Grant Recipient").
WHEREAS, the Arts Commission is a countywide arts agency that ensures the growth of
local arts experiences by providing funding and support for diverse high quality programs and
projects.
WHEREAS, the Arts Commission administers the annual Grants Program to provide
economic opportunities to Orange County artists and non-profit organizations coordinating arts
projects benefiting the citizens of Orange County.
WHEREAS, the annual Arts Grants Program is supported by Arts Commission with
funds from the Grassroots Arts Program of the North Carolina Arts Council, a division of the
Department of Natural and Cultural Resources, a state agency.
WHEREAS, the Grant Recipient was selected by the Arts Commission to receive
the annual 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 are provided under this Agreement for the project
(“Project”) 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 ($ )
have been awarded by the Arts Commission to the Grant Recipient for the approved
Project. The Recipient shall be required to match funds at least dollar-for-dollar with cash
from the Grant Recipient’s funds not derived from either Orange County appropriations or
the North Carolina Arts Council, as outlined in the attached Exhibit A.
3.Contingency. This grant is contingent on North Carolina Arts Council Grassroots
Program funding to the Arts Commission. Final decisions on Grassroots Program funds
to the North Carolina Arts Council are subject to approval by the North Carolina General
Assembly.
4.Responsibilities of the Grant Recipient
Orange County Public Schools
fifteen thousand eighty dollars 15,080
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A.Implementation. The Project implementation shall take place between July 1,
2024 and June 30, 2025. The Project shall be implemented in the manner
described in Exhibit A. Time is of the essence in the implementation of the
Project.
B.Modifications to project. Grant Recipient shall present major changes to the
original proposal, including but not limited to changes in design, implementation
schedule and increase in Project budget by more than 10%, in writing to the Arts
Commission for approval. Arts Commission shall approve or disapprove Grant
Recipient’s request for modifications within seven (7) days of receipt thereof.
Consent to project modifications shall not be unreasonably withheld. Arts
Commission’s decisions shall be in writing. In the event the Arts Commission
fails to approve or disapprove the requested modifications within the time stated
herein, the modifications shall be deemed approved.
C.Non–assignment. The grant cannot be assigned or transferred to a different project
or artist without prior written approval of the Arts Commission.
D.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.
E.Use of Funds. Grant Recipient shall not use the grant funds to repay outstanding
taxes or other debts of any nature. The grants shall be utilized solely for the
purpose described in the attached Exhibit A.
F.Final Report. Grant Recipient shall submit to the Arts Commission a Final Report
on July 14, 2025. The Final Report shall be in the format required by the North
Carolina Arts Council. 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
$ to the Grant Recipient.
6.Publicity
A.Acknowledgement. Credit must be given to the Orange County Arts
Commission and/or the North Carolina Arts Council using the proper logo(s)
and credit line 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 and North Carolina
Arts Council 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
15,080
Docusign Envelope ID: 130B17D5-47E5-42C3-B593-2279756BD3C7
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credit shall be given. In addition, all print and promotional material must include
the following credit line and logo(s) (check all that apply):
i.County Funds Only. Orange County Arts Commission logo required.
Credit line required for audio projects: “This program is supported by the
Orange County Arts Commission.”
ii.North Carolina Arts Council Funding. The Orange County Arts
Commission and the North Carolina Arts Council logos are required. Credit
line: “This program is supported by the N.C. Arts Council, a division of the
Department of Natural and Cultural Resources.”
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.
7.Indemnity. The Grant Recipient agrees to indemnify and hold harmless the County, the
Arts Commission and the North Carolina Arts Council 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 he/she is 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
obligate or make representations on behalf of the County or the Arts Commission. In
addition, Grant Recipient agrees to maintain his or her own worker's compensation
insurance for himself/herself and his or her employees for the duration of the art work's
installation.
9.Termination
A.In the event of any of the circumstances set forth below (hereinafter referred to as
“default”), the Arts Commission 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 perform any part of the Project or to comply with any
provision of this Agreement, as determined by the Arts Commission in its
sole discretion.
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Docusign Envelope ID: 130B17D5-47E5-42C3-B593-2279756BD3C7
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(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) 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
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
Docusign Envelope ID: 130B17D5-47E5-42C3-B593-2279756BD3C7
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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
Date
For and on behalf of Orange County Government
Travis Myren, County Manager Date
Rhonda Rath & Dr. Danielle Jones & Tonya WagnerCFO & Superintendent
Docusign Envelope ID: 130B17D5-47E5-42C3-B593-2279756BD3C7
3/26/20253/27/2025 3/26/2025
3/31/2025
O R A N G E C O U N T Y A R T S C O M M I S S I O N
Eno Mill | 437 Dimmocks Mill Road, Office 34 | Hillsborough, NC 27278
919.245.2335 | www.artsorange.org | arts@orangecountync.gov
January 11, 2025 The purpose of the attached grant contract is to provide funding for the Title 1 Artist in Residence Program coordinated through The ArtsCenter. The Orange County Arts Commission (OCAC) has historically used NC Arts Council Grassroots Art Program funds to support this program. However, due to a policy change by the NC Arts Council this year, the OCAC can no longer use state funding to support The ArtsCenter, as they are a recipient of other funding through the NC Arts Council. As a result, Orange County Public Schools has agreed to accept the funding and directly pay the artists involved in this year’s Artist in Residence program. The following artists are to be paid for these FY24-25 programs:
Matt Sandbank In-school residencies:
• Efland Cheeks, 5th grade, 03/21-03/27 $1,680
• New Hope, 4th grade, 12/5, 12/10-12/13 $2,055 Assemblies:
• Efland Cheeks, all grades, 11/08 $1,000
• New Hope, all grades, 12/04 $1,000
Tarish Pipkins In-school residencies:
• Grady Brown Kindergarten, 1 week dates not confirmed $1,680
• Grady Brown, 4th grade, 1 week dates not confirmed $1,680 Assemblies:
• Pathways, all grades, 12/11 $1,000
• Central, all grades, 11/14 $1,000
• Grady Brown, all grades, 12/13 $1,000
Taari Felice Colman In-school residencies
• Grady Brown, 1st grade, 1 week dates not confirmed $1,680
• Pathways, 3rd grade, 1 week dates not confirmed $1,305
Total $15,080
Docusign Envelope ID: 130B17D5-47E5-42C3-B593-2279756BD3C7