HomeMy WebLinkAboutAgenda 10-21-2025; 8-e - Approval of the North Carolina Arts Council Grant Contract for the 2025-26 Grassroots Arts Program 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 21, 2025
Action Agenda
Item No. 8-e
SUBJECT: Approval of the North Carolina Arts Council Grant Contract for the 2025-26
Grassroots Arts Program
DEPARTMENT: County Manager— Arts
Commission
ATTACHMENT(S): INFORMATION CONTACT:
2025-26 NCAC Grant Contract Katie Murray, Arts Commission Director,
919-245-2335
PURPOSE: To approve the 2025-26 Grassroots Arts Program grant contract with the North
Carolina Arts Council (NCAC).
BACKGROUND: The Orange County Arts Commission (OCAC) is the Designated County
Partner (DCP) with the North Carolina Arts Council. The OCAC, on behalf of Orange County,
receives and distributes Grassroots Arts Program grant funding each year as the DCP. The grant
contract outlines the terms related to accepting the funds from NCAC.
FINANCIAL IMPACT: The grant funding associated with the 2025-26 contract is $97,503. Of this
amount, $47,978 is utilized to partially fund the FY 2025-26 Programs Coordinator salary with the
OCAC. The remaining $49,525 is sub-granted to Orange County nonprofit organizations and
schools to conduct high-quality arts programming.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• GOAL 2: HEALTHY COMMUNITY
OBJECTIVE 7. Invest in services and programs that improve the health and quality of life
of the community (e.g., recreation and public open spaces, arts, etc.)
• GOAL 6: DIVERSE AND VIBRANT ECONOMY
OBJECTIVE 1. Provide family-oriented and inclusive programming or other cultural events
for residents and visitors.
OBJECTIVE 4. Provide resources to small, creative, and agro-businesses that add
character and quality of life to our community to attract employers, employees, and visitors.
RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the
Manager to sign the 2025-26 Grassroots Arts Program grant contract with the North Carolina Arts
Council.
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ATTENTION ,
Welcome to the North Carolina Arts Council's grants contracting
process ! Please follow the steps below to complete your grant
contract.
DOCUSIGN this contract for your FY 2025-2026
0 grant award, detailed on the next page
COMPLETE required grantee documentation from
ncarts.org/grants-dashboard and UPLOAD
0 completed documents in GO Smart at
ncarts.gosmart.org > Grant Applications & Forms >
Contract Documents FY 2025-2026 > Add invite-only
password Contract26
Once you have completed these two steps the grants office
will process your payment(s).
For electronic payment, EMAIL the electronic payment form located at
ncarts.org/grants-dashboard to ncac.grantsoffice@dncr.nc.gov. If you've
already filled out this form in a prior fiscal year, you will automatically
receive electronic payment. If banking info has changed, email a new copy.
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NORTH CAROLINA ARTS COUNCIL
GRANT CONTRACT
FISCAL YEAR 2025-26
This Contract is hereby entered into by and between the North Carolina Department of Natural and Cultural
Resources, North Carolina Arts Council (Agency) and the following Grantee (referred to collectively as the 'Parties').
Organization Name:
Address:
City,State,Zip:
Contact Name:
Contact Email:
Federal Tax ID:
UEI Number:
Fiscal Year End:
This Contract pertains to the following grant award.
Grant number:
Application number:
Grant category:
Amount awarded:
Grant description (project title):
Project period start date:
Project period end date:
Final report due date:
Staff contact:
Revised budget required? (Y/N):
Stipulations:
Grant Funding Source(s)
State Funds = S, State ARPA Funds = SA, Federal Funds= F, Federal &State = M, O = Outside source
Federal Funds Award Details
Federal Award Identification Information required by 2CFR 200.332
Federal Award Id Number: 1942631-61-25
Federal Award Date: July 25, 2025
Amount of Federal funds obligated by this action: $
4
Federal Award Project Description as required by FFATA: To support arts programs, services and
activities associated with carrying out the agency's National Endowment for the Arts-approved
strategic plan.
Contact information for awarding official: National Endowment of the Arts, North Carolina Arts Council,
Vicki Vitiello, Deputy Director,4632 Mail Service Center, Raleigh, NC 27699-4632, 919-814-6504,
vicki.vitiello@dncr.nc.gov
Assistance Listing Name/Number: Promotion of the Arts Partnership Agreements/45.025
This award is not R&D.
State ARPA Funds Details
Assistance Listing Name/Number: Coronavirus State Fiscal Recovery Fund/21.027
This Contract consists of the following components:
1. This general terms and conditions document.
2. The corresponding grant application submitted to the North Carolina Arts Council by the Grantee via GO Smart,
which contains the scope of services and budget details.
3. The grantee requirements published on the North Carolina Arts Council website (https://www.ncarts.org/grants-
resources/grants/awardee-contractual-requirements).
4. Additional required documents uploaded into GO Smart application as per grantee instructions: NC substitute
w9,current Conflict of Interest form on organization letterhead, No Overdue Tax Debt form (notarized),
Accessibility Worksheet. Required forms can be found at ncarts.org/grants-dashboard. Revised budget(if
required) should be updated in GO Smart.
These components constitute the entire agreement between the Parties and supersede all prior oral or written
statements or agreements.The awarding of this grant is subject to allocation and appropriation of funds to the Agency
for the purposes set forth in the Contract and all its components.
Updates to State Administrative Code
Changes to Chapter 09 NCAC 03M go into effect July 1, 2024.These include:
• 09 NCAC 03M.0205: Entities that meet the threshold for Level II reporting will be required to submit a single
audit or program-specific audit. The Level II threshold for state grants is now aligned with 2 CFR 200.501(a),
which is currently$750,000 but will rise to$1,000,000 as of October 1, 2024.
• State agencies are now required to communicate in writing to a grant recipient if that recipient is out of
compliance with grant requirements within 30 business days of becoming noncompliant.The grant recipient
must respond in writing to the agency's notice of noncompliance.
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General Terms and Conditions
DEFINITIONS
Unless indicated otherwise from the context,the following terms shall have the following meanings in this Contract.
All definitions are from 9 NCAC 3M.0102 unless otherwise noted. If the rule or statute that is the source of the
definition is changed by the adopting authority,the change shall be incorporated herein:
"Agency" means the North Carolina Arts Council.
"Audit" means an examination of records or financial accounts to verify their accuracy.
"Certification of Compliance" means a report provided by the Agency to the Office of the State Auditor that states
that the Grantee has met the reporting requirements established by this Subchapter and included a statement of
certification by the Agency and copies of the submitted grantee reporting package.
"Compliance Supplement" refers to the North Carolina State Compliance Supplement, maintained by the State and
Local Government Finance Agency within the North Carolina Department of State Treasurer that has been
developed in cooperation with agencies to assist the local auditor in identifying program compliance requirements
and audit procedures for testing those requirements.
"Contract" means a legal instrument that is used to reflect a relationship between the agency, grantee, and
subgrantee.
"Financial Assistance" means assistance that non-State entities receive or administer in the form of grants, loans,
loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies,
insurance, food commodities, direct appropriations, and other assistance. Financial assistance does not include
amounts received as reimbursement for services rendered to individuals for Medicare and Medicaid patient
services.
"Financial Statement" means a report providing financial statistics relative to a given part of an organization's
operations or status.
"Fiscal Year" means the annual operating year of the non-State entity.
"Grant" means financial assistance provided by a State agency to an eligible grantee to carry out activities identified
in the Contract agreement.
"Grantee" means an entity that receives State funds as a grant from a State agency.
"Grantor" means an entity that provides resources, generally financial, to another entity in order to achieve a
specified goal or objective.
"Non-State Entity" has the meaning in G.S. 143-C-1-1(d)(18).
"Public Authority" has the meaning in G.S. 159-7(10).
"Single Audit" means an audit that includes an examination of an organization's financial statements, internal
controls, and compliance with the requirements of Federal or State awards.
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"Special Appropriation" means a legislative act authorizing the expenditure of a designated amount of public funds
for a specific purpose.
"State Funds" means any funds appropriated by the North Carolina General Assembly or collected by the State of
North Carolina. State funds include Federal financial assistance received by the State and transferred or disbursed
to non-State entities. Both Federal and State funds maintain their identity as they are subgranted to other
organizations.
"Subgrantee" has the meaning in G.S. 143C-6-23(a)(3).
"Unit of Local Government has the meaning in G.S. 159-7(15).
TERMS AND CONDITIONS
1. Choice of Law:The validity of this Contract and any of its terms or provisions, as well as the rights and duties of
the Parties to this Contract, are governed by the laws of North Carolina. The Grantee, by signing this Contract,
agrees and submits, solely for matters concerning this Contract, to the exclusive jurisdiction of the courts of
North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be
Wake County, North Carolina. The place of this Contract and all transactions and agreements relating to it, and
their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract
or tort, relating to the validity, construction, interpretation, and enforcement shall be determined.
2. Independent Contractor: The Grantee is and shall be deemed to be an independent contractor in the
performance of this Contract and as such shall be wholly responsible for the work to be performed and for the
supervision of its employees. The Grantee represents that it has,or shall secure at its own expense,all personnel
required in performing the services under this agreement. Such employees shall not be employees of, or have
any individual contractual relationship with, the Agency.
3. Key Personnel: The Grantee shall not substitute key personnel assigned to the performance of this Contract
without prior written approval by the Agency's Contract Administrator. The individuals designated as key
personnel for purposes of this Contract are those specified in the Grantee's proposal.
4. Assignment: No assignment of the Grantee's obligations or the Grantee's right to receive payment hereunder
shall be permitted. However, upon written request approved by the issuing purchasing authority, the State
may:
(a) Forward the Grantee's payment check(s) directly to any person or entity designated by the Grantee, or
(b) Include any person or entity designated by Grantee as a joint payee on the Grantee's payment check(s).
In no event shall such approval and action obligate the State to anyone other than the Grantee and the
Grantee shall remain responsible for fulfillment of all contract obligations.
5. Beneficiaries: Except as herein specifically provided otherwise,this Contract shall inure to the benefit of and be
binding upon the Parties hereto and their respective successors. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Contract, and all rights of action relating to such enforcement,
shall be strictly reserved to the Agency and the named Grantee. Nothing contained in this document shall give
or allow any claim or right of action whatsoever by any other third person. It is the express intention of the
Agency and Grantee that any such person or entity, other than the Agency or the Grantee, receiving services or
benefits under this Contract shall be deemed an incidental beneficiary only.
6. Indemnification:The Grantee shall hold and save the State, its officers, agents, and employees, harmless from
liability of any kind, including all claims and losses accruing or resulting to any other person,firm,or corporation
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furnishing or supplying work, services, materials, or supplies in connection with the performance of this
Contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that
may be injured or damaged by the Grantee in the performance of this Contract and that are attributable to the
negligence or intentionally tortious acts of the Grantee provided that the Grantee is notified in writing within
30 days that the State has knowledge of such claims. The Grantee represents and warrants that it shall make
no claim of any kind or nature against the State's agents who are involved in the delivery or processing of
Grantee goods to the State. The representation and warranty in the preceding sentence shall survive the
termination or expiration of this Contract.
7. Termination by Mutual Consent:The Parties may terminate this Contract by mutual consent with 60 days notice
to the other Party, or as otherwise provided by law. In that event, all finished or unfinished deliverable items
prepared by the Grantee under this Contract shall, at the option of the Agency, become its property. If the
Contract is terminated by the Agency as provided herein, the Grantee shall be paid for services satisfactorily
completed, less payment or compensation previously made.
8. Termination for Cause: If, through any cause, the Grantee shall fail to fulfill its obligations under this Contract
in a timely and proper manner, the Agency shall have the right to terminate this Contract by giving written
notice to the Grantee and specifying the effective date thereof. In that event, all finished or unfinished
deliverable items prepared by the Grantee under this Contract shall, at the option of the Agency, become its
property and the Grantee shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such materials, minus any payment or compensation previously made. Notwithstanding the
foregoing provision, the Grantee shall not be relieved of liability to the Agency for damages sustained by the
Agency by virtue of the Grantee's breach of this agreement,and the Agency may withhold any payment due the
Grantee for the purpose of setoff until such time as the exact amount of damages due the Agency from such
breach can be determined.
In case of default by the Grantee, the State may procure the services from other sources and hold the Grantee
responsible for any excess cost occasioned thereby. The State reserves the right to require a performance bond
or other acceptable alternative performance guarantees from successful offeror without expense to the State.
In addition, in the event of default by the Grantee under this Contract, the State may immediately cease doing
business with the Grantee,immediately terminate for cause all existing contracts the State has with the Grantee,
and de-bar the Grantee from doing future business with the State.
Upon the Grantee filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the
Grantee, the State may immediately terminate, for cause, this Contract and all other existing contracts the
Grantee has with the State, and de-bar the Grantee from doing future business.
9. Waiver of Default:Waiver by the Agency of any default or breach in compliance with the terms of this Contract
by the Grantee shall not be deemed a waiver of any subsequent default or breach and shall not be construed to
be modification of the terms of this Contract unless stated to be such in writing, signed by an authorized
representative of the Agency and the Grantee and attached to the Contract.
10. Availability of Funds:The Parties to this Contract agree and understand that the payment of the sums specified
in this Contract is dependent and contingent upon and subject to the appropriation, allocation, and availability
of funds for this purpose to the Agency.
11. Force Majeure: Neither Party shall be deemed to be in default of its obligations hereunder if and so long as it is
prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot,
strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.
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12. Survival of Promises: All promises, requirements, terms, conditions, provisions, representations, guarantees,
and warranties contained herein shall survive the Contract expiration or termination date unless specifically
provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation.
13. Copyrights,Ownership and Licensing of Deliverables:All deliverable items produced pursuant to this Contract
shall be the exclusive property of the Grantee, including all rights, title and interest in the deliverable items,
whether they arise in intellectual property or otherwise.
Notwithstanding the foregoing, the Grantee agrees to grant to the Agency, at no charge to the Agency, a non-
exclusive,royalty-free,non-transferable,non-assignable license to use,publish,distribute, reproduce,and make
derivative works from all deliverable items produced pursuant to this Contract throughout the world, an
unlimited number of times, and in any and all media or format, now known or hereafter invented, for any use
the Agency deems appropriate and in keeping with the intention of the grant, including, but not limited to,
advertising and promotion.
This license is not to be construed as a conveyance or surrender of copyright, trademark, or any other right or
interest, based in intellectual property or otherwise,that is or may be vested in the Grantee's ownership of the
deliverable items.
Furthermore, the Grantee warrants and represents that the Grantee is the sole owner of all rights, title and
interest in all deliverable items produced pursuant to this Contract, including but not limited to, copyright,
trademark and any other intellectual property rights, and that this Contract and the rights licensed herein do
not violate any other party's rights or interests in intellectual property or otherwise.
In addition, the Grantee agrees not to use the deliverable items in any manner that could be perceived as
inflammatory,discriminatory, or violently or sexually suggestive,or to suggest speech on the part of the Agency
or the State of North Carolina which would be unlawful by a government agency.
14. Compliance with Laws: The Grantee shall comply with all laws, ordinances, codes, rules, regulations, and
licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and
local agencies having jurisdiction and/or authority.
15. Equal Employment Opportunity: The Grantee shall comply with all federal and state laws relating to equal
employment opportunity. The Grantee shall take affirmative action in complying with all federal and state
requirements concerning fair employment and employment of people with disabilities and concerning the
treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national
origin,or disability. By signing this Agreement,the Grantee certifies its compliance with Title VI Civil Rights laws,
and that it will cooperate in demonstrating compliance as may be required by the US Treasury. Further
information on North Carolina's duties may be found in Treasury's implementing regulations, 31 CFR part 22,
and the Department of Justice (DOJ) regulations, Coordination of Non-discrimination in Federally Assisted
Programs,28 CFR part 42,provide for the collection of data and information from recipients(see 28 CFR 42.406).
16. Access to Persons and Records: The State Auditor shall have access to persons and records as a result of all
contracts or grants entered into by State agencies or political subdivisions in accordance with N.C.G.S. 147-64.7.
The Grantee shall retain all records for a period of five years following completion of the contract. Additionally,
the Agency and the North Carolina Office of State Budget and Management shall have access to persons and
records as a result of all contracts or grants entered into by State agencies or political subdivisions.
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17. Record Retention: Records shall not be destroyed, purged or disposed of without the express written consent
of the Agency. State basic records retention policy requires all grant records to be retained for a minimum of
five years or until all audit exceptions have been resolved, whichever is longer. If the Contract is subject to
Federal policy and regulations, record retention may be longer than five years since records must be retained
for a period of three years following submission of the final Federal Financial Status Report, if applicable, or
three years following the submission of a revised final Federal Financial Status Report. Also, if any litigation,
claim, negotiation, audit, disallowance action, or other action involving this Contract has been started before
expiration of the five-year retention period described above, the records must be retained until completion of
the action and resolution of all issues which arise from it, or until the end of the regular five-year period
described above, whichever is later.
18. Amendment:This Contract may not be amended orally or by performance. Any amendment must be made in
written form and executed by duly authorized representatives of the Agency and the Grantee.
19. Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this
Contract violates any applicable law, each such provision or requirement shall continue to be enforced to the
extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements
of this Contract shall remain in full force and effect.
20. Headings:The Section and Paragraph headings in these General Terms and Conditions are not material parts of
the agreement and should not be used to construe the meaning thereof.
21. Travel Expenses: Travel expenses shall not be reimbursed in the performance of this Contract. If travel is
necessary in the performance of this Contract, it shall be included in the approved project budget and narrative.
22. Sales/Use Tax Refunds: If eligible,the Grantee and all subgrantees shall: (a) ask the North Carolina Department
of Revenue for a refund of all sales and use taxes paid by them in the performance of this Contract, pursuant to
N.C.G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before
the expenses are entered in their reimbursement reports.
23. Entire Agreement:This Contract and any documents incorporated specifically by reference represent the entire
agreement between the Parties and supersede all prior oral or written statements or agreements. This Request
for Proposals, any addenda thereto, and the offeror's proposal are incorporated herein by reference as though
set forth verbatim. All promises, requirements,terms, conditions, provisions, representations,guarantees, and
warranties contained herein shall survive the contract expiration or termination date unless specifically
provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation.
24. By Executive Order 24, issued by Governor Perdue, and N.C.G.S. §133-32, it is unlawful for any vendor or
contractor (i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord,
offeror, seller, subcontractor, supplier, or vendor) to make gifts or to give favors to any State employee of the
Governor's Cabinet Agencies (i.e. Administration, Commerce, Correction, Crime Control and Public Safety,
Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justice and
Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). This prohibition covers
those vendors and contractors who:
(1) have a contract with a government agency; or
(2) have performed under such a contract within the past year; or
(3) anticipate bidding on such a contract in the future.
For additional information regarding the specific requirements and exemptions, vendors and contractors are
encouraged to review Executive Order 24 and G.S. Sec. 133-32.
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Executive Order 24 also encouraged and invited other State Agencies to implement the requirements and
prohibitions of the Executive Order to their agencies. Vendors and contractors should contact other State
Agencies to determine if those agencies have adopted Executive Order 24.
25. Effective Period:This Contract shall be effective upon signature by all Parties to this Contract and shall terminate
upon final expenditure of all funds and submission of all reports as required by law.
26. Grantee's Duties: The Grantee shall complete and return any applicable revised budget page(s) and this
Contract.
The Grantee shall carry out the grant project as described in its North Carolina Arts Council grant application
containing the scope of project, budget, and project narrative with any applicable stipulation(s); any applicable
revised budget page(s).The Grantee shall carry out the grant project in compliance with all parts of this
Contract including the attachments for the grant awards and in accordance with applicable State and Federal
laws and any local requirements. In addition,the Grantee shall maintain all grant records for a period of five
years or until all audit exceptions have been resolved,whichever is longer.
The Grantee shall provide services resulting from the grant to all members of the community served, in
compliance with all State and Federal statutes relating to non-discrimination on the basis of race, color,
national origin, sex, handicap, or age, which are contained in the Grantee Requirements at ncarts.org/grants-
resources/grants/grantee-requirements
The Grantee shall keep Agency staff informed about project activities. For the purposes of on-site monitoring
and evaluation by the Agency,tickets and admissions may be made available for attendance at funded
performances, exhibitions, and other ticketed events during the grant year.
27. Agency Duties:The Agency shall pay the Grantee in the manner and in the amounts specified in the Contract
documents under the Payment Provisions section. Contracts shall be paid at the direction of the State Budget
Officer. Federally funded grants will be paid one month in advance or on a reimbursement basis. The Agency
shall assist the Grantee as appropriate and necessary with the implementation of this project. The Agency
shall provide monitoring and oversight through a combination of periodic e-mails, calls,visits, attendance at
events, and review of reports.
28. Matching Requirements of the Grantee:The Grantee shall match this grant according to the project budget
shown in its application or any subsequent revision of that budget approved in writing by the Agency.
29. Reversion of Unexpended Funds:Any unexpended grant funds shall revert to the Agency immediately upon
determination and no later than May 31 of the project year.
30. Reporting Requirements:The Agency has determined that this Contract is subject to the reporting
requirements described in the Grantee Requirements.
The Grantee must ensure that when grant funds are audited that they are audited in compliance with State
and Federal audit requirements for local governments and public authorities, institutions of higher education,
and nonprofit organizations, and, as applicable, according to the standards of the Federal Single Audit Act
Amendments of 1996 and Circular A-133 "Audits of States, Local Governments, and Nonprofit Organizations'
as supplied by the Executive Office of the President, Office of Management and Budget, Washington, DC.
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31. Payment Provisions:The Agency will pay organizations with grants at the direction of the State Budget
Officer. Current Grantees will not be paid until the Agency has received and approved their final reports for all
previous grants. If a prior year report was late,the current fiscal year grant(s) will be paid on a reimbursement
basis. All payments are contingent upon fund availability.
32. Disbursements:As a condition of this Contract, Grantee acknowledges and agrees to make disbursements in
accordance with the following requirements:
a) Implement adequate internal controls over disbursements;
b) Ensure sufficient account coding information to provide for tracking of grant funds through the
Grantee's accounting system.
c) Assure adequate control of signature stamps/plates;
d) Assure adequate control of negotiable instruments; and
e) Implement procedures to ensure that account balance is solvent and reconcile the account
monthly.
33. Outsourcing/Assignability/Subcontracting:The Grantee shall not subcontract any of the work contemplated
under this contract without prior written approval from the Agency. The Agency shall not be obligated to pay
for any work performed by any unapproved subcontractor or Subgrantee. The Grantee or Subgrantee is not
relieved of any of the duties and responsibilities of this Contract. Furthermore, any Subgrantee must agree to
abide by the standards contained in this Contract and to provide all information to allow the Grantee to
comply with these standards.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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34. Signature Warranty:The undersigned represent and warrant that they are authorized to bind their principals
to the terms of this agreement.
In Witness whereof, the Grantee and the Agency have executed this Contract in duplicate originals, with one
original being retained by each party.
Name of Organization
Signature of Authorizing Official Date
Printed Name Title
North Carolina Arts Council
Holly Jackson, Director of Operations Date
Grants Office approval
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