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HomeMy WebLinkAboutBPW-04-01-15-09 - Indiana Symphony SocietyRESOLUTION NO. BPW- 04- 01 -15 -9 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING RECEIPT OF CONTRACT WHEREAS, pursuant to Indiana Code 36- 1 -4 -7, the City of Carmel, Indiana ( "City "), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36- 4 -5 -3, the City's mayor may enter into contracts on behalf of the City; and WHEREAS. pursuant to his authority under Indiana law, the City's mayor, the Honorable James C. Brainard, has caused to be signed the City contract attached hereto as Exhibit A (the "Contract"); and WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk - Treasurer's Office, and made available to the public for review. follows: NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk - Treasurer and thereafter made available to the public for review. SO RESOLVED this 15� day of �� - 1 1 . 2015. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: lames Braina • P :.iding P ficer Date: Mary Ann rkei vlelpbe 1 Date: �J / l Lori S. V'atso Date: ATTEST: ember 1�(i� Tana Cordray, IMCA ' lerk- Treasurer Date: S: \E Bass\My Documents \BPW - Resolutions 120151 INDIANA SYMPHONY SOCIETY Acknowledge Arts Grant Program Agreement - 2015.docx3/2y201512:39 PM ARTS GRANT PROGRAM AGREEMENT This Grant Agreement (herein referred to as "Agreement ") entered into by and between the City of Carmel (the "City ") and Indiana Symphony Society, Inc. (the "Grantee "), is executed pursuant to the terms and conditions set forth herein. In consideration of those mutual undertakings and covenants, the parties agree as follows: 1. That on behalf of Grantee, a not - for - profit corporation, I, Gary Ginstling an authorized representative of Grantee, have applied for a City of Carmel ( "Grantor ") Arts Grant, said application attached hereto and made a part hereof as Exhibit "A." 2. Grant Agreement. The City, after review and recommendation by the Mayor and by the City Council, agrees to grant $ 7,500.00 to the Grantee for the eligible costs of the project (the "Project ") or services as described in Exhibits "A" and `B" of this Agreement. The funds shall be used exclusively in accordance with the provisions contained in this Agreement. 3. Design and Implementation of Project. The Grantee agrees to use any and all grant funds in accordance with the proposal contained within this agreement and any documents attached to this Agreement, which are incorporated by reference. 4. Warranty of non - profit status. Grantee hereby represents and warrants that it is a not - for - profit entity with a determination letter from the Internal Revenue Service declaring that it is exempt from Federal income tax. 5. Payment of Grant Funds by the City. The payment of this Grant by the City to the Grantee shall be made in accordance with the following conditions: A. This Agreement must be fully executed and signed by both Grantee and Grantor. B. Grantee has attached all the following information, which it represents and warrants to be true and accurate, all which have been incorporated fully by reference: 1. An application and description of the proposed use of the grant funds (EXHIBIT A); 2. A budget for the calendar or fiscal year for which the grant is requested (EXHIBIT B); 3. Certified copies of incorporation as a not - for - profit corporation under state law (EXHIBIT C); 4. A not - for - profit application or determination letter from the U.S. Internal Revenue Service identifying that it is a not - for - profit corporation that is exempt from Federal income tax (EXHIBIT D); 5. Any audits, reviews or compilations available describing the financial condition of the Grantee, including most recent available IRS Form 990, and the attached Affidavit (EXHIBIT E); 6. A list of the Grantee's board of directors and officers listed (EXHIBIT F); 7. A Year End Report from the previous year IF Grantee received an Arts Grant from the City of Carmel in the previous calendar year, pursuant to paragraph 7 herein (EXHIBIT G). C. Any other grant conditions that City requires to be met by Grantee, specifically: 6. Grantor's right to request audit or review. Grantee shall submit to an audit or review by an independent Certified Public Accountant of funds at the City's request, and shall make all books, accounting records and other documents available at all reasonable times during the term of this Grant Agreement, and for a period of three (3) years after final payment of funds under this Agreement, for the purpose of an audit by the City of Carmel, the State of Indiana, or their designees. 7. Year end review. Grantee agrees to provide the City of Carmel a year -end report ( "Year End Report") for each year, describing how the grant was used and the impact of the dollars received. This Grant award may not exceed one third (1/3) of Grantee's combined contributed income, revenue of sales, and /or ticket revenue from the 2 previous year. If the Grant amount is in excess of sixty thousand dollars ($60,000.00), the Grantee agrees to provide, at Grantee's cost, a review or audit of the grantee. Said review or audit shall be performed by a Certified Public Accountant ( "CPA ") who is neither an employee of Grantee nor a member of the Grantee's Board of Directors, to be provided to the City of Carmel by March 31 of the following year. 8. Funding Credit. Grantee agrees to credit the City of Carmel in the printed materials associated with a funded program or project. The City of Carmel will supply, upon request, Grantee with the graphics /logos necessary for compliance. 9. Statutory Authority of Grantee. The Grantee expressly represents and warrants to the State that it is statutorily eligible to receive these monies and it expressly agrees to repay all monies paid to it under this Grant, should a legal determination of its ineligibility be made by any Court of competent jurisdiction. 10. Use of Grant Funds by Grantee. The funds received by the Grantee pursuant to this Agreement shall be used only to implement the Project or provide the services in conformance with the Budget and for no other purpose. If it is determined by the City that misappropriation of funds have occurred, the Grantee must return all funds received, by Grantor and individuals who misuse Grant funds may also be subject to civil and/or criminal liability under Indiana or Federal law. 11. Employment Eligibility Verification. The Grantee affirms under the penalties of perjury that he /she /it does not knowingly employ an unauthorized alien. The Grantee affirms under the penalties of perjury that he /she /it has enrolled and is participating in the E- Verify program as defined in IC 22- 5 -1.7. The Grantee agrees to provide documentation to the City that he /she /it has enrolled and is participating in the E- Verify program. The City may terminate for default if the Grantee fails to cure a breach of this provision no later than thirty (30) days after being notified by the State. 12. Governing Law; Lawsuits. This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate, yeriue for and has jurisdiction over same. ' 13. Relationship of Parties. The relationship of the parties hereto shall be as provided for in this Agreement, and neither Grantee nor any of its compensated officers, employees, contractors, subcontractors and/or agents are employees of City. The 3 Grant amount set forth herein shall be the full and maximum compensation and monies required of City to be paid to Grantee under or pursuant to his Agreement. 14. Severability. If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provision of this Agreement shall remain in full force and effect. 15. Entire Agreement. This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Grantee and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 15 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEROF, the parties hereto have made and executed this Agreement as follows: India a- Symphon Soc. - c ( "Grantee ") By: Printe ame o Date: fficer: Gary Ginstling Date: 3/17/2015 Title: Chief Executive Officer CITY OF CARMEL ( "Grantor ") By: ice` James Brainard, Mayor Date: 3/17/2015 If you have any question concerning the City of Carmel's 2015 Arts Grant Program, grant writing, guidelines or application materials, contact: Sharon Kibbe, City of Carmel, One Civic Square, Carmel, IN 46032, Phone: 317 -571 -2483, skibbe@carmel.in.gov. carmel.in.gov. 4 Exhibit "A" An application and description of the proposed use of the grant funds Exhibit "A" An Application and Description of the Proposed Use of the Grant Funds APPLICANT: Name of organization: Indiana Symphony Society, Inc. (dba Indianapolis Symphony Orchestra) Address: 32 E. Washington Street, Suite 600 Indianapolis. IN 46204 Telephone: (317) 262.1100 Fax: (317) 262.1159 Contact Person: Meg Williams Email: mwilliams @IndianapolisSymphony.org APPLICATION AMOUNT: $ 100,000 Not to exceed 1/3 of previous year revenue/iiwome DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: Please see attached. By: Printed Name of Officer: Gary Ginstling Title: Chief Executive Officer Date: / -/z - /,J_ (Additional pages may be added to Exhibit "A ") 5 INDIANAPOLIS 1 SYMPHONY ORCHESTRA Exhibit A Description of the Proposed Use of the Grant Funds Indianapolis Symphony Orchestra's Palladium Series The Indianapolis Symphony Orchestra (ISO) respectfully requests a grant in the amount of $100,000 to offset the programming costs for six full orchestra concerts performed at the Palladium of The Center for the Performing Arts. The Palladium Series will provide an opportunity for residents of Carmel to experience the ISO's world -class orchestra, conductors, and guest artists in their extraordinary facility. The Indianapolis Symphony Orchestra is one of the leading professional orchestras in the nation with a strong commitment to artistic excellence, diverse and creative programming, engagement with communities throughout the state of Indiana, and a unique and ambitious plan to grow audiences with innovative programs and new collaborations. The ISO plays a critical role in enhancing the quality of life for area residents both artistically and economically. The organization's artistic vision is led by the ISO's Music Director, Krzysztof Urbariski. Appointed as the ISO's seventh music director at the age of 28, Urbariski is one of the youngest conductors among major orchestras in the United States, and was recently called "one of the classical music world's rising stars" by The Wall Street Journal. Maestro Urbariski is a highly respected conductor among top orchestras in Europe, Asia and the United States, and over the past year has been invited to conduct some of the world's preeminent orchestras, including the Berlin Philharmonic, New York Philharmonic and Chicago Symphony Orchestra. The programs for the six concert Palladium Series were intentionally chosen to showcase a symphony orchestra in a number of the most powerful and dramatic classical symphonic works. The repertoire will include The Messiah, Beethoven's Ninth Symphony and Mahler's Fifth Symphony, all chosen to demonstrate the power and sonic splendor of a full symphony orchestra in Carmel's acclaimed Palladium concert hall. Through the Palladium Series, the residents of Carmel will have the unique opportunity to experience a world -class orchestra, led by one of the most sought -after conductors, in one of Indiana's finest concert halls. Concerts of this season's Palladium Series include the following: • Saturday, December 19, 2014 —The Messiah • Saturday, February 7, 2015 — Urbariski Conducts Shostakovich 7 • Friday, March 20, 2015 — Zach De Pue Plays Barber • Friday, April 17, 2015 — Mendelssohn's "Reformation" • Friday, June 5, 2015 — Urbariski Conducts Mahler 5 • Sunday, June 14 — Beethoven's Ninth The ISO is committed to sharing extraordinary musical experiences with the residents of Carmel. Thank you for your consideration of this request. HANDEL'S MESS1 I RIDAY DECEMBER 19 8P1 ERICSTARK CONDUCTOR; DIANAROLIS SYMPHONIC''CN ETHOVEN'S PIIN UNDAY JUNE 14 8PN KRZYSZTOI 'URBANSKI CONDUCTO INDIANAPOLIS SYMPHONIC CHOIR Exhibit "B" A budget for the calendar or fiscal year for which the grant is requested INDIANAPOLIS SYMPHONY ORCHESTRA Exhibit B Project Budget: Palladium Series Timeline: Fiscal Year 2015 (September 2014 - August 2015) Income Ticket Revenue Contributed Income (Pending or Confirmed) Request to the City of Carmel Total Income Expenses Artistic: Conductor & Guest Artist Expenses Artistic: Orchestra Expenses Concert Production Marketing Total Expenses Budget Narrative 176,800 177,090 100,000 $453,890 83,125 260,000 64,265 46,500 $453,890 Artistic: Conductor & Guest Artist Expenses includes fees, hospitality, lodging and other expenses for conductors and guest artists. Artistic: Orchestra Expenses include an allocation of orchestra member salary and wages for six performances, six rehearsals and one sound check (13 orchestra services). Concert Production includes facility rental, stagehand fees, instrument rental /tuning, bus and semi rental, front of house expenses and other miscellaneous expenses. Marketing includes direct mail, print and other marketing expenses. Indiana Symphony Society, Inc. Statement of General Operating Activities Budget FINAL FY15 Earned Income Ticketing: Ticket Sales Special Events Ticket Handling Fees Facilities: Symphony Centre Hall Rental 6,984,100 132,600 266,813 7,383,513 320,737 112,900 433,637 Other Income: Program Advertising 165,000 Fee Income 326,500 Learning Community 137,294 Symphony Pops Consortium 44,580 Miscellaneous - 673,374 Total Earned Income 8,490,524 Contributed Income Annual Fund Individuals 5,185,465 Corporate 1,820,000 Foundations 2,106,541 ISOA /Other 140,000 Special Events 226,656 Life Is Better Campaign /Addt'I Contributed Ir 850,000 Capital Campaign Phase I - Operational 65,500 10,394,162 ISO Foundation 5,482,340 Restricted /Designated Funding 177,088 Total Income 24,544,114 Expenses Musician Salaries & Benefits Salaries 5,380,628 Benefits 2,011,146 Pension Expense 977,772 Other Orchestra Expense Orchestra - Operations Orchestra - Artistic 8,369,546 965,885 705,303 1,671,188 Concert Production Operations 1,958,012 Artistic 2,653,806 Marketing 1,590,807 6,202,625 Departmental 6 &A - Departmental 2,024,544 Benefits 1,059,453 Development 1,115,736 Patron Services 343,438 Learning Community 632,087 Program Book 145,600 Special Events 38,958 5,359,815 Facilities Symphony Centre Hall Operations 644,536 942,743 1,587,278 Depreciation 343,688 Total Expenses 23,534,141 Change in Net Assets 1,009,973 Adjustments Restricted /Designated Funding (177,088) Depreciation Expense 343,688 Pension - Expense (FAS Accrual) 977,772 Pension - Funding Requirement (cash) (1,777,342) Capital Expenditures (200,000) Transitional Expenses (157,033) Other Balance Sheet Changes Net Cash Flow 19,970 Line of Credit - Beginning of Year 7,922,166 Net Cash Flow 19,970 Line of Credit - End of Year 7,902,196 Exhibit "C" Certified copies of incorporation as a not-for-profit co oration under state law INDIANA BUSINESS ENTITY REPORT Indiana Secretary of State 4/23/2013 2:23:47 PM Filer Name Filer Title ADAM WHITE CPA Years Filed 2013 Entity name and current principal office address INDIANA SYMPHONY SOCIETY, INC. 32 EAST WASHINGTON ST. SUITE 600 INDIANAPOLIS, IN 46204 Entity Creation Date Domicile State 4/16/1937 INDIANA Entity Type NON - PROFIT DOMESTIC CORPORATION Current registered agent and registered address GARY GINSTLING 32 EAST WASHINGTON ST. SUITE 600 INDIANAPOLIS, IN 46204 Current principal(s) and address(es) OTHER JOHN R. THORNBURGH 32 EAST WASHINGTON ST. SUITE 600 INDIANAPOLIS, IN 46204 TREASURER HOLLY M. PANTZER 32 EAST WASHINGTON ST. SUITE 600 INDIANAPOLIS, IN 46204 OTHER MARTHA D. LAMKIN 32 EAST WASHINGTON ST. SUITE 600 INDIANAPOLIS, IN 46204 Page: 1 of 2 Packet: 193086 -009 DCN: 2013042300596 CEO GARY GINSTLING 32 EAST WASHINGTON STREET, SUTIE 600 INDIANAPOLIS, IN 46204 SECRETARY CHARLENE BARNETTE 32 EAST WASHINGTON STREET, SUTIE 600 INDIANAPOLIS, IN 46204 Page: 2 of 2 Packet: 193086 -009 DCN: 2013042300596 STATE OF INDIANA OFFICE OF THE SECRETARY OF STATE ARTICLES OF AMENDMENT To Whom These Presents Come, Greeting: WHEREAS, there has been presented to me at this office, Articles of Amendment for: INDIANA SYMPHONY SOCIETY, INC. and said Articles of Amendment have been prepared and signed in accordance with the provisions of the laws of Indiana, as amended. NOW, THEREFORE, I, SUE ANNE GILROY, Secretary of State of Indiana, hereby certify that I have this day filed said articles in this office. The effective date of these Articles of Amendment is December 08, 1998. In Witness Whereof, I have hereunto set my hand and affixed the seal of the State of Indiana, at the City of Indianapolis, this Eighth day of December , 1998. SUE ANNE GILROY, Secretar f State Deputy Article 1 - Amendment(s) Section 4 1. The name of this corporation shall be Indiana Symphony Society, Inc. 5. [Deleted.] 7. The corporation shall have two categories of membership, individual and corporate. Each category of membership shall be divided into two classes, voting and non- voting. The requirements for membership and for being a voting member shall be specified in the Code of Bylaws. Subject to the foregoing, all members shall be entitled to such privileges, not inconsistent with the statutes of the State of Indiana, the Articles of Incorporation, and the Code of Bylaws of the corporation, as the Board of Directors may from time to time in its discretion determine. 8. The affairs of the corporation shall be managed by a Board of not less than twenty -one (21) Directors, the number and terms of office of whom shall be specified in the Code of Bylaws. Artl amend l 198 SS-C-38 State Form 37019 STATE OF INDIANA OFFICE OF THE SECRETARY OF STATE CERTIFICATE OF AMENDMENT To Whom These Presents Come, Greeting: 1, EDWIN J. SIMCOX, Secretary of State of Indiana, hereby certify that INDIANA STATE SYMPHONY SOCIETY, INC a corporation duly organized and existing under the laws of the State of Indiana, has this day filed in the office of the Secretary of State, Articles of Amendment showing an amendment to the articles of incorporation of said company, in accordance with the Indiana General Not - For - Profit Corporation Act (approved March 7, 1935) / The Indiana Not - For - Profit Corporation Act of 1971 (IC 23- 7 -1.1). WHEREAS, upon due examination, 1 find that they conform to law: NOW, THEREFORE, I, EDWIN J. SIMCOX, Secretary of State, hereby certify that I have this day endorsed my approval upon all copies of Articles so presented, and, having received the fees required by law, have filed one copy of the Articles in this office and returned the remaining copies bearing the endorsement of my approval to the Corporation. In Witness Whereof, I have hereunto set my hand and affixed the seal of the State of Indiana, at the City of Indianapolis, this 2nd day of January • , Secretor f State Deputy ' INSTRUCTIONS Present 2 Executed Copies to Secretary of State, Room 155, State House,_ Indianapolis, Indiana.46204. y FILING FEE is $26.00 State Form 4161 Corporate Form No. 364 -2 (Sept.-1980) ARTICLES OF AMENDMENT (Amending Indi- vidual Articles Only) - Prescribed by Edwin J. Simcox, Secretary of State of Indiana ARTICLES OF AMENDMENT. OF THE ARTICLES OF INCORPORATION OF -- APPROVED AND FILED JANO 2.1986 STATE OF INDIAN • The undersigned officers of Indiana State Symphony Society._ Tnc. (hereinafter referred to as the "Corporation ") existing pursuant to the provisions of: (Check appropriate box) IZThe Indiana Not - For - Profit Corporation Act of 1971 (LC. 23- 7 -1.1), as amended, or 13Indiana General Not - For - Profit Corporation Act (approved March 7, 1935) (hereinafter referred to as the "Act "), desiring to give notice of corporate action effectuating amendment of its Articles of Incorporation certify the following facts: ARTICLE I- AMENDMENT(S) SECTION 1. The date of incorporation of the corporation is. April 14, 1917 SECTION 2. The name of the corporation following this amendment to the Articles of Incorporation is: Indiana State Symphony Society', Inc. SECTION 3. The exact text of Article(s) 2. 4 , 5 , 6 , 7 , 8 ,12 (a) , 12 (b) re— of the Articles of Incorporation now is as follows: yoked, & 12 (c) , 2. The purpose or purposes for which it is formed are as follows: The cultivation and performace of instrumental music and not for pecuniary profit. No part of the earnings of the corporation shall inure to the benefit of any private member or individual. The activities of the corporation shall always be limited to such objects and for such purposes as to make the corporation exempt from taxes under both State and Federal laws. Corporate Form No. 364 -2 (Sept.-1980) Page Two = ARTICLE II Manner of Adoption and Vote Section 1. Action by Directors (select appropriate paragraph). (a) The Board of Directors of the Corporation, at a meeting thereof, duly called, constituted and held on September 18 , 19 85 , at which a quorum of such Board of Directors was present, duly adopted a resolution proposing to the Members of the Corporation entitled to vote in respect of the Amendments that the provisions and terms of Article(s) 1 i stpr9 hrive of its Articles of Incorporation be amended so as to read as set forth in the Amendments; and called a meeting of such Members, to be held October 23 - 19 85 , to adopt or reject the Amendments, unless the same were so approved prior to such date by unanimous written consent. (b) By written consent executed on , 19. , signed by all of the members of the Board of Directors of the Corporation, a resolution was adopted proposing to the Members of the Corporation entitled to vote in respect of the Amendments, that the provisions and terms of Articles of its Articles of Incor- poration be amended so as to read as set forth in the Amendments, and a meeting of such Members was called to be held , 19 , to adopt or reject the Amendments, unless the same were so approved prior to such date by unanimous written consent. Section 2. Action by Members (select appropriate paragraph). (a) The Members of the Corporation entitled to vote in respect of the Amendments, at a meeting thereof, duly called, constituted and held on October 23 adopted the Amendments. ,1985 , at which a quorum of such members was present, 4. The post office address of its principal office is amended to 45 Monument Circle, Indianapolis, Indiana. 5. The name of its resident agent is amended to Robert C. Jones. 6. The post office address of the resident agent is amended to 45 Monument Circle, Indianapolis, Indiana. 7. The corporation shall consist of both individual and corporate members who have voting rights. Subject to the foregoing, all members shall be entitled to such privi- leges, not inconsistent with the statutes of the State of Indiana, the Articles of Incorporation, and the Code of By -Laws of the corporation, as the Board of Directors may from time to time in its discretion determine. 8. The affairs of the corporation shall be managed by a Board of not less than twenty -one (21) and not more than seventy -five Directors, to be elected in numbers and for terms as provided in the By -Laws of the corporation. 12(a) The corporation shall be regulated and controlled by the statutes of the State of Indiana, including, without limiting the generality thereof, the Indiana Not for Profit Corporation Act, and also its Articles of Incorporation, as amended from time to time, and its Code of By -Laws, power to make, alter, amend, or repeal which Code of By -Laws is hereby vested in the Board of Directors. 12(b) Revoked. 12(c) The Board of Directors may elect an Executive Committee of such number and with such powers as it shall from time to time by appropriate By -Laws determine. The members of such Executive Committee shall hold office for such term or terms as shall be specified in the resolution electing them. Such Executive Committee shall have and may exercise during the intervals between the meetings of the Board of Directors all the powers vested in the Board of Directors, except the power to make, alter, amend, or repeal the Code of By -Laws, which power is exclusively reserved to the Board of Directors. IN WITNESS 'WHEREOF, ' the :undersigned officers execute these - Articles of Amendment of the Articles of Incorporation of the Corporation, and certify to the truth of the facts herein stated, this day of 41.0-1!e4—<-64...‘s 198 Corporate Form No. -$f4 -2 (Sept. - 1980). -;Page Pour_ .. (Written Sig ..re, Robert -C. i" ores$ (Panted Signaiuml President or Vice President STATE OF INDIANA COUNTY OF Marion SS: (Written Signature) Mrs. C. Harvey Bradley, Jr. (Printed Signature) Secretary or Assistant Secretary I, the undersigned, a Notary Public duly commissioned to take acknowledgements and administer oaths in the State of Indiana, certify that Robert C. Jones and Mrs. C. Harvey Bradley, Jr. , the the Vice— President, Secretary of the Corporation, the officers executing the foregoing Articles of Amendment of the Articles of Incorporation, personally appeared before me, acknowledged the execution thereof, and swore or attested to the truth of the facts therein stated. Witness,my:hand and Notarial Seal this 14th day of /., trrr.trr'r /\ My Cornmissiii}i�'Expires: _Apri1 1, 1989 November 1985 IWnttcn signature) Josephine M. Tussey IPnmed Signatuml NOTARY PUBLIC My County of Residence is: Marion fir ARTICLES OF INCORPORATION OF INDIANA STATE SYMPHONY SOCIETY, INC. These Articles of Incorporation include all amendments covered by certificates filed on _ July 31, 1940, August 18, 1943, November 5, 1943, and October , 1985. ARTICLES OF INCORPORATION AFTER SUGGESTED AMENDMENTS The undersigned, being three or more natural persons of lawful age,vat least a majority of whom are citizens of the United States, do hereby adopt the following Articles of Incorporation, representing beforehand to the Secretary of State of the State of Indiana and all persons whom it may concern, that a membership list or lists of the above named corporation for which certificate of incorporation is hereby applied for have heretobefore been opened in accordance with law and that at least three (3) persons have signed such membership list. Be it further remembered that the following Articles of Incorporation and all matters heretobefore done or hereafter to be done are in accordance with "An Act concerning domestic and foreign corporations not for profit, providing for fees, providing penalties for the violation thereof, and repealing certain laws," approved March 7, 1935, and all acts amendatory thereof and supplemental thereto. 1. The name of this corporation shall be INDIANA STATE SYMPHONY SOCIETY, 'INC. 2. The purpose or purposes for which it is formed are as follows: The cultivation and performance of instrumental —music -and-not-for pecuniary .profit. No part ,o.f' the earnings of the corporation shall inure to the benefit of anv private member or individual_ The activities of the corporation shall always be limited to such objects and for such purposes as to make the corpora- tion exempt from taxes under both State and Federal laws. 3. The period during which. it is to continue as a corporation is perpetually. 4. The post office address of its principal office is amended to 45 Monument Circle, Indianapolis, Indiana. 5. The name of its resident .agent is amended to Robert 'C. Jones. 6. The post office address of the resident agent is amended to 45 Monument.Circle, Indianapolis, Indiana. 7. The corporation shall consist of.both individual and corporate members who have voting rights. Subject to the foregoing, all members shall be entitled to such privileges, not inconsistent with the statutes of the State of Indiana, the Articles of Incorporation, and the Code of ByLaws of the corporation, as the Board of Directors may from time to time in its discretion determine. -2- 8. The affairs of the corporation shall be managed by a Board of not less than twenty -one (21) and not more than seventy -five (75) Directors, to be elected in numbers and for terms as provided in the by -laws of the corporation. 9. The names and addresses of the first board of directors are as follows: Name William H. Ball L. A. Pittinger C. J. Lynn G. H. A. Cloc+s Arthur V. Brown T. B. Griffith Peter C. Reilly Leonard A. Strauss Otto N. Frenzel, Jr. William Ray Adams Herbert M. Woollen Street. Ball Brothers 5600 Sunset Lane Golden Hill 3172 N. Meridian 940 West 42nd St. Merchants Bank Bldg. c/o Kahn Tailoring Co. .5008 N. Meridian 4936 N. Meridian P. 0. Box 368 City Muncie Muncie Indpls. Indpls. Indpls. Indpls. Indpls. Indpls. Indpls. Indpls. Indpls. County State Delaware Indiana Delaware Indiana Marion Indiana Marion Indiana Marion Indiana Marion Indiana Marion Indiana Marion Indiana Marion Indiana Marion Indiana Marion Indiana 10. The names and post office addresses of the incorporators are as follows: Name G. H. A. Clowes Albert 0. Defuse Herbert M. titollen Peter C. Reilly Leonard A. Strauss William H. Ball Street • City Olden Hill Indpls. Board of Trade Bldg. Indpls. P. O. Box 368 Indpls. Merchants Bank Bldg. Indpls. c/o Kahn Tailoring Co. Indpls. c/o Ball Bros. Co. Muncie County State Marion Indiana Marion . Indiana Marion Indiana Marion Indiana Marion Indiana Delaware Indiana 11. A statement of the property and an estimate of the value thereof, to be taken over by this corporation at or upon its incorporation: All the property and assets of every kind and description belonging in whole or in part to the Indiana State Symphony Society, subject, however, to any and all liabilities of said Indiana State Symphony Society, this this shall be taken over by this corporation upon its incorp- oration. Such property and assets have an estimated net value of $25,000.00. 12. Any other provisions, consistent with the laws of state, for the regulation and conduct of the affairs of corporation, and creating, defining, limiting or regulating the powers of this corporation, of the directors or of the members or any class or classes of members: (a) The corporation shall be regulated and controlled by the statutes of the State of Indiana, including, without limiting the generality thereof, The Indiana Not for Profit Corporation Act, and also its Articles of Incorporation, as amended from time to time, and its Code of By -Laws, power to make, alter, amend, or repeal which Code of By -Laws is hereby vested in the Board of Directors. (c) The Board of Directors may elect an Executive Committee df such number and with such powers as it shall from time to time by appropriate By -Laws determine. The members of such Executive Committee shall hold office for such term or terms as shall be specified in the resolution electing them. Such Executive Committee shall have and may exercise during the intervals between the meetings of the Board of Directors all the powers vested in the Board of Directors, except the power to make, alter, amend, or repeal the Code of By -Laws, which power is exclusively reserved to the Board of Directors. (d) All annual meetings of the active members of this corporation shall be held within the City of Indianapolis at such place or places as the Board of Directors in its discretion may from time to time determine. (e) Twenty -five members of the corporation entitled to vote represented in person or by proxy at any regular or special meeting of the members shall constitute a quorum. (f) No assessment shall be made against or be binding upon any member unless said member's written consent to said assessment was duly filed with the Secretary of the corporation prior to the meeting at which said assessment was voted. - (Signed) -4- William H. Ball Herbert M. Woollen Albert 0. Deluse Peter C. Reilly Leonard A. Strauss George H. A. Clowes STATE OF INDIA1A ) ) ss: COUNTY OF MARION ) Before mo, Perry O'Neal, a Notary Public in and for said County and State, personally appeared William H. Ball, HuAert M. Woollen, Albert 0. Deluxe, Peter C. Reilly, Leonard'S. Strauss and G. H. C. Cloves, and severally acknowlodged the exocution of the foregoing articles of incorporation. WITNESS ray hand and notarial seal this. 14th day of April, 1937. (SEAL) (Signed) Perry E. O'Neal My commission expires Jan. 24, 1938. Notary Public Exhibit "D" IRS etemination Letter Internal Revenue Service District Director Department of the Treasury P.O. Box 2508 Cincinnati, OH 45201 Date: July 21, 1999 Person to Contact: Vicki Adams 31 -04011 Customer Service Representative Indiana Symphony Society, Inc. Telephone Number: 45 Monument Circle 877 -829 -5500 Indianapolis, IN 46204 -2907 Fax Number: 513- 684 -5936 Federal Identification Number: 35- 0998627 Dear Sir cr Madam: This is in response to our receiving your Amended Articles of Incorporation changing the name of your organization to what is shown above. In September 1998 we issued a determination letter that recognized your organization as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in effect. Based on the information supplied, we recognized the subordinates named on the list your organization submitted as exempt from federal income tax under section 501(c)(3) of the Code. Additionally, we have classified the subordinates your organization operates, supervises, or controls, and which are covered by written notification.to us, as organizations that are not private foundations because they are organizations of the type described in sections 509(a)(1) and 170(b)(1)(A)(vi) of the Code. Donors may deduct., contributions to your organization's subordinates as provided in section 170 of the Code. Bequests, legacies, devises, transfers or gifts to the subordinates or for their use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Your organization and its subordinates are required to file Forrn 990, Return of Organization Exempt from Income Tax, only if the gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. Your organization and its subordinates are not required to file federal income tax returns unless subject to the tax on unrelated business.income under section 511 of the Code. If subject to this tax, the organization must file an income tax return on Form 990 -T, Exempt Organization Business Income Tax Return: In this letter, we are not determining whether any • of your organization or its subordinates' present dr proposed activities are unrelated trade or business as defined in section 513 of the Code. Indiana Symphony Society, Inc. 35- 0998627 Unless specifically excepted, your organization and its subordinates are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each of its employees during a calendar year. Your organization and its subordinates are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Each year, at least 90 days before the end of your organization's annual accounting period, please send the•following itemsto the Internal Revenue Service Center at the address shown below: 1. A statement describing any changes during the year in the purposes, character, or method of operation of your organization's subordinates; 2. A list showing the names, mailing addresses (including Postal ZIP Codes), actual addresses if different, and employer identification numbers of subordinates that: a. Changed names or addresses; b. Were deleted from the roster, or c. Were added to the roster. For subordinates to be added, attach: a. A statement that the information on which your organization's present group exemption letter is based applies to the new subordinates; b. A statement that each has given your organization written authorization to add its name to the roster, c. A list of those to which the Service previously issued exemption rulings or determination letters; d. A statement that none of the subordinates is a private foundation as defined in section 509(a) of the Code if the group exemption letter covers organizations described in section 501(c)(3); e. The street address of subordinates where the mailing address is a P.O. Box; and 3 Indiana Symphony Society, Inc. 35- 0998627 f. The information required by Revenue Procedure 75 -50, 1975 -2 C.B. 587 for each subordinate that is a school claiming exemption under section 501(c)(3). Also include any other information necessary to establish that the school is complying with the requirements of Revenue Ruling 71 -447, 1971 -2 C.B. 230. This is the same information required by Schedule A, Form 1023, Application for Recognition of Exemption Under Section 501(c)(3) of the Intemal Revenue Code. 4. If applicable, a statement that your organization's group exemption roster did not change since the previous report. The above information should be sent to the following address:. Internal Revenue Service Center Attn: Entity Control Unit Ogden, UT 84409 The law requires you to make your organization's annual return available for public inspection without charge for three years after the due date of the return. You are also required to make available for public inspection a copy of your organization's exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. You can charge only a reasonable fee for reproduction and actual postage costs for the copied materials. The law does not require you to provide copies of public inspection documents that are widely available, such as by posting them on the Internet (World Wide. Web). You may be liable for a penalty of $20 a day for each day you do not make these documents available for public inspection (up to a maximum of $10,000 in the case of an annual return). Your organization's Group Exemption Number is 8262. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely, C. Ashley Bullard District Director Exhibit "E" Any audits, reviews or compilations available describing the financial condition of the Grantee, including most recent available I S Form 990, and the Affidavit STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) I, Gary Ginstling of Indiana Symphony Society, Inc. ( "Grantee "), being first duly sworn upon my oath, state that pursuant to paragraph 7 of the City of Cannel Arts Grant Program Agreement, all income of Grantee, including a City of Carmel arts grant, if applicable, revenue of sales, and /or ticket revenue, etc., in the Grantee's year ending in 2014 totaled $ 23,524,772 AFFIDAVIT , an authorized representative Subscribed and sworn to before me, the undersigned Notary Public, this 1 a day of anu(\ ri ,20IS. Printed Name 47-1L,on ,4r0,0 Mi _ Resident of /'1C. t r, My Commission Expires: County, Indiana X47 /, 0,o17 OFFICIAL SEAL ANTHONY ARONOWITZ NOTARY PUBLIC - INDIANA MARION COUNTY r a B My Comm, Expires May 12, 2017 INDIANA SYMPHONY SOCIETY, INC. FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 INDIANA SYMPHONY SOCIETY, INC. TABLE OF CONTENTS AUGUST 31, 2014 AND 2013 Page Report of Independent Auditors 1 Financial Statements Statements of Financial Position 3 Statements of Activities 4 Statements of Cash Flows 8 Notes to Financial Statements 9 CPAS •ADVISORS bIue Btue & Co.,LLC r 12800 N. Meridian Street, Suite 400 ! Carmel, IN 46032 roam 317,848 8920 !a. 317.573 -2458 elndil blueeblueandco.com REPORT OF INDEPENDENT AUDITORS The Board of Directors Indiana Symphony Society, Inc. Report on the Financial Statements We have audited the accompanying financial statements of the Indiana Symphony Society, Inc. (the Society), which comprise the statements of financial position as of August 31, 2014 and 2013, and the related statements of activities and cash flows for the years then ended, and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. 1 REPORT OF INDEPENDENT AUDITORS (CONTINUED) We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Society as of August 31, 2014 and 2013, and the changes in its net assets and its cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America. Carmel, Indiana November 21, 2014 2 INDIANA SYMPHONY SOCIETY, INC. STATEMENTS OF FINANCIAL POSITION AUGUST 31, 2014 AND 2013 ASSETS Cash Receivables: Pledges, net (Note 3) Government Grants Accounts Total Receivables Prepaid Expenses and Other Assets Property and Equipment, net (Note 2) Interest in Net Assets of ISO Foundation Total Assets 2014 2013 $ 152,782 $ 247,938 6,647,477 150,055 282,549 7,080,081 820,748 2,381,714 99,458,048 $ 109,893,373 LIABILITIES AND.NET ASSETS Liabilities Accounts Payable Accrued Expenses Other Liabilities Deferred Revenue Line of Credit (Note 4) Pension Liability (Note 11) Total Liabilities Net Assets Unrestricted General Operating Pension Plan (Note 11) Board Designated (Note 5) Total Unrestricted Temporarily Restricted Society (Note 6) ISO Foundation (Note 6) Total Temporarily Restricted Permanently Restricted ISO Foundation (Note 7) Total Net Assets Total Liabilities and Net Assets $ 760,828 711,094 150,265 1,973,074 7,695,543 10,461,414 21,752,218 8,051,196 128,198 465,441 8,644,835 519,435 1,775,005 92,766,561 $ 103,953,774 $ 650,714 489,536 131,725 1,835,166 7,334,992 10,312,929 20,755,062 (9,338,625) (9,604,880) (10,526,414) (10,411,312) 115,697 157,179 (19,749,342) (19,859,013) 8,432,449 10,291,164 67,015,926 60,379,439 75,448,375 70,670,603 32,442,122 32,387,122 88,141,155 83,198,712 $ 109,893,373 $ 103,953,774 See accompanying notes to financial statements. 3 INDIANA SYMPHONY SOCIETY, INC. STATEMENT OF ACTIVITIES YEAR ENDED AUGUST 31, 2014 (With Comparative Total for the Year Ended August 31, 2013) Revenue Eamed Revenue Ticket Sales and Fee Income $ 7,463,729 $ -0- $ -0- $ -0- $ 7,463,729 $ -0- $ -0- $ -0- $ -0- $ 7,463,729 $ 6,425,390 Rental lncome 413,238 -0- -0- -0- 413,238 -0- -0- -0- -0- 413,238 428,788 Program Advertising 144,479 -0- -0- -0- 144,479 -0- -0- -0- -0- 144,479 155,790 Education 214,978 -0- -0- -0- 214,978 -0- -0- -0- -0- 214,978 182,887 Other 50,236 -0- -0- -0- 50,236 -0- -0- -0- -0- 50,236 181,854 Total Earned Revenue 8,286,660 -0- -0- -0- 8,286,660 -0- -0- -0- -0- 8,286,660 7,374,709 2014 2013 Permanently Unrestricted Temporarily Restricted Restricted General Pension Board ISO ISO Operating Elan gelignated Facilities IQtal Society Foundation Istal Foundation Total Total Contributed Income Annual Fund 5,239,563 -0- -0- -0- 5,239,563 2,685,231 -0- 2,685,231 -0- 7,924,794 13,440,867 Provision for Loss on Annual Fund Pledge -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- (16,500) Modification of Donor Intent- Annual Giving 300,000 -0- -0- -0- 300,000 (300,000) -0- (300,000) -0- -0- 46,000 Net Assets Released - Annual Fund (Note 8) 3,850,140 -0- -0- -0- 3,850,140 (3,850,140) -0- (3,850,140) -0- -0- -0- Project Funding 77,821 -0- -0- -0- 77,821 -0- -0- -0- -0- 77,821 1,347,446 Net Assets Released - Project Funding (Note 8) 115,770 -0- -0- -0- 115,770 (115,770) -0- (115,770) -0- -0- -0- Capital Campaign -0- -0- -0- -0- -0- 9,333 -0- 9,333 -0- 9,333 (3,119) Provision for Loss on Capital Campaign Pledge -0- -0- (4,000) -0- (4,000) (6,000) -0- (6,000) -0- (10,000) (6,500) Modification of Donor Intent - Capital Campaign -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- (46,000) Net Assets Released - Capital Campaign (Note 8) -0- -0- 266,461 -0- 266,461 (266,461) -0- (266,461) -0- -0- -0- Board Designated Transfer - Capital Campaign 264,461 -0- (264,461) -0- -0- -0- -0- -0- -0- -0- -0- Capital Assets -0- -0- -0- -0- -0- 76,200 -0- 76,200 -0- 76,200 1,012,425 Net Assets Released - Depreciation (Note 8) 91,108 -0- -0- -0- 91,108 (91,108) -0- (91,108) -0- -0- -0- Board Designated Transfer - Depreciation 39,482 -0- (39,482) -0- -0- -0- -0- -0- -0- -0- -0- Total Contributed Income 9,978,345 -0- (41,482) -0- 9,936,863 (1,858,715) -0- (1,858,715) -0- 8,078,148 15,774,619 ISO Foundation Net Assets Released (Note 8) 5,209,767 -0- -0- 1,250,000 6,459,767 -0- (6,459,767) (6,459,767) -0- -0- -0- Service Fee 50,000 -0- -0- -0- 50,000 -0- -0- -0- -0- 50,000 50,000 Total ISO Foundation 5,259,767 -0- -0- 1,250,000 6,509,767 -0- (6,459,767) (6,459,767) -0- 50,000 50,000 Total Revenue 23,524,772 -0- (41,482) 1,250,000 24,733,290 (1,858,715) (6,459,767) (8,318,482) -0- 16,414,808 23,199,328 See accompanying notes to financial statements. 4 INDIANA SYMPHONY SOCIETY, INC. STATEMENT OF ACTIVITIES YEAR ENDED AUGUST 31, 2014 (Continued) (With Comparative Total for the Year Ended August 31, 2013) 2014 2013 Permanently Unrestricted Temporarily Restricted Restricted General Pension Board ISO ISO Operating Plan Designated Facilities I4fgl Society Foundation Total Foundation Total Total Expenses Concert Related Expenses Orchestra Operations 8,986,728 -0- -0- -0- 8,986,728 -0- -0- -0- -0- 8,986,728 8,540,873 Defined Benefit Pension Plan Expense (Notes 9 and 11) 1,130,431 -0- -0- -0- 1,130,431 -0- -0- -0- -0- 1,130,431 1,470,402 Concert Production 4,726,694 -0- -0- -0- 4,726,694 -0- -0- -0- -0- 4,726,694 4,329,601 Marketing 1,803,327 -0- -0- -0- 1,803,327 -0- -0- -0- -0- 1,803,327 2109,658 Total Concert Related Expenses 16,647,180 -0- -0- -0- 16,647,180 -0- -0- -0- -0- 16,647,180 16,450,534 Departmental Expenses General and Administrative 2,191,000 -0- -0- -0- 2,191,000 -0- -0- -0- -0- 2,191,000 2,191,368 Development 1,281,746 -0- -0- -0- 1,281,746 -0- -0- -0- -0- 1,281,746 1,318,784 Patron Services 354,448 -0- -0- -0- 354,448 -0- -0- -0- -0- 354,448 340,941 Education 716,994 -0- -0- -0- 716.994 -0- -0- -0- -0- 716,994 632,034 Program Book 149,135 -0- -0- -0- 149,135 -0- -0- -0- -0- 149,135 126,275 Other 39,463 -0- -0- -0- 39,463 -0- -0- -0- -0- 39,463 34,279 Total Departmental Expenses 4,732,786 -0- -0- -0- 4,732,786 -0- -0- -0- -0- 4,732,786 4,643,681 Facilities Depreciation (Note 9) Total Expenses Revenue Over (Under) Expenses 1,595,076 -0- -0- 1,250,000 2,845,076 -0- -0- -0- -0- 2,845,076 2,771,426 283,475 -0- -0- -0- 283,475 -0- -0- -0- -0- 283,475 339,684 1,878,551 -0- -0- 1,250,000 3,128,551 -0- -0- -0- -0- 3,128,551 3,111,110 23,258,517 -0- -0- 1,250,000 24,508,517 -0- -0- -0- -0- 24,508 517 24,205,325 266,255 -0- (41,482) -0- 224,773 (1,858,715) (6,459,767) (8.318,482) -0- (8,093,709) (1.005,997) Nonoperating Gains (Losses) Change in Interest in Net Assets of ISO Foundation -0- -0- -0- -0- -0- -0- 13,096,254 13,096,254 55,000 13,151,254 10,530,834 Pension Liability Adjustment (Note 11) -0- (115,102) -0- -0- (115,102) -0- -0- -0- -0- (115 102) 1556,241 Total Nonoperating Gains (Losses) -0- (115,102) -0- -0- (115,102) -0- 13,096,254 13,096,254 55,000 13,036,152 12,087,075 Change in Net Assets 266,255 (115,102) (41,482) -0- 109.671 (1,858,715) 6,636,487 4,777,772 55,000 4,942,443 11,081,078 Net Assets, Beginning of Year (9,604,880) (10,411,312) 157,179 -0- (19 859,013) 10 291,164 60,379,439 70,670,603 32,387,122 83,198 712 72,117,634 Net Assets, End of Year § (9,338,625) $ (10,526,414) $ 115,697 $ -0- $ (19,749,342) $ 8,432,449 $ 67,015,926 $ 75,448,375 $ 32,442,122 $ 88,141,155 $ 83,198,712 See accompanying notes to financial statements. 5 INDIANA SYMPHONY SOCIETY, INC. STATEMENT OF ACTIVITIES YEAR ENDED AUGUST 31, 2013 Revenue Eamed Revenue Ticket Sales and Fee Income $ 6,425,390 $ -0- $ -0- $ -0- $ 6,425,390 $ -0- $ -0- $ -0- $ -0- $ 6,425,390 Rental lncome 428,788 -0- -0- -0- 428,788 -0- -0- -0- -0- 428,788 Program Advertising 155,790 -0- -0- -0- 155,790 -0- -0- -0- -0- 155,790 Education 182,887 -0- -0- -0- 182,887 -0- -0- -0- -0- 182,887 Other 181,854 -0- -0- -0- 181,854 -0- -0- -0- -0- 181,854 Total Eamed Revenue 7,374,709 -0- -0- -0- 7,374,709 -0- -0- -0- -0- 7,374,709 Permanently Unrestricted Temporarily Restricted Restricted General Pension Board ISO ISO Operating Elan Designated Facilities Total Society Foundatio0 Total Foundation Total Contributed Income Annual Fund 6,931,071 -0- -0- -0- 6,931,071 6,509,796 -0• 6,509,796 -0- 13,440,867 Provision for Loss on Annual Fund Pledge -0- -0- -0- -0- -0- (16,500) -0- (16,500) -0- (16,500) Modification of Donor Intent - Annual Giving -0- -0- -0- -0- -0- 46,000 -0- 46,000 -0- 46,000 Net Assets Released - Annual Fund (Note 8) 2,236,491 -0- -0- -0- 2,236,491 (2,236,491) -0- (2,236,491) -0- -0- Project Funding 969,409 -0- -0- -0- 969,409 378,037 -0- 378,037 -0- 1,347,446 Net Assets Released - Project Funding (Note 8) -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- Capital Campaign -0- -0• -0- -0- -0- (3,119) 0 (3,119) -0- (3,119) Provision for Loss on Capital Campaign Pledge -0- -0- -0- -0- -0- (6,500) -0- (6,500) -0- (6,500) Modification of Donor Intent - Capital Campaign -0- -0- -0- -0- -0- (46,000) -0• (46,000) -0• (46,000) Net Assets Released - Capital Campaign (Note 8) -0- -0- 261,845 -0- 261,845 (261,845) -0- (261,845) -0- -0- Board Designated Transfer - Capital Campaign 367,363 -0- (367,363) -0- -0- -0- -0- -0- -0- -0- Capital Assets -0- -0• -0- -o- -0- 1,012,425 -0- 1,012,425 -0- 1,012,425 Net Assets Released - Depreciation (Note 8) 115,417 -0- -0- -0- 115,417 (115,417) -0- (115,417) -a -0- Board Designated Transfer - Depreciation 51,073 -0- (51,073) -0- -0- -0- -o- -0- -o- -0- Total Contributed Income 10,670,824 -0- (156,591) -0- 10,514,233 5,260,386 -0- 5,260,386 -0- 15,774,619 ISO Foundation Net Assets Released (Note 8) 5,095,350 -0- -0- 1,250,000 6,345,350 -0- (6,345,350) (6,345,350) Service Fee 50,000 -0- -0- -0- 50,000 -0- -0- -0- Total ISO Foundation 5,145,350 -0- -0- 1,250,000 6,395,350 -0- (6,345,350) (6,345,350) Total Revenue 23,190,883 -0- (156,591) 1 250,000 24,284,292 5,260,386 (6,345,350) (1,084,964) -0- -0- -0- 50,000 -0- 50,000 -0- 23,199,328 See accompanying notes to financial statements. 6 INDIANA SYMPHONY SOCIETY, INC. STATEMENT OF ACTIVITIES YEAR ENDED AUGUST 31, 2013 (Continued) Permanently Unrestricted Temporarily Restricted Restricted General Pension Board ISO ISO Operating Plan Designated Fa ilk ies Total Society Foundation Total Foundation Total Expenses Concert Related Expenses Orchestra Operations 8,540,873 Defined Benefit Pension Plan Expense (Notes 9 and 11) 1,470,402 Concert Production 4,329,601 Marketing 2,109,658 Total Concert Related Expenses 16,450,534 Departmental Expenses General and Administrative 2,191,368 Development 1,318,784 Patron Services 340,941 Education 632,034 Program Book 126,275 Other 34,279 Total Departmental Expenses 4,643,681 01440000 -o- -0- -o- -o- -0- 01000000 Facilities 1,521,426 -0- -0- Depreciation (Note 9) 339,684 -0- -0- 1,861,110 -0- -0- Total Expenses 22,955,325 -0- -o- Revenue Over (Under) Expenses 235,558 -0- (156,591) -0- 8,540,873 -0- 1,470,402 -0- 4,329,601 -0- 2,109,658 -0- 16,450,534 01000000 2,191,368 1,318,784 340,941 632,034 126,275 34,279 4,643,681 1,250,000 2,771,426 -0- 339,684 1,250,000 3,111,110 1,250,000 24,205,325 -0- -o- -o- -o- 8,540,873 -0- -0- -0- -0- 1,470,402 -0- -0- -0- -0- 4,329,601 -0- -0- -0- -0- 2,109,658 -0- -0- -0- -0- 16,450,534 01000000 01000000 01000000 01000000 2,191,368 1,318,784 340,941 632,034 126,275 34,279 4,643,681 -0- -o- -0- -0- 2,771,426 -0- -0- -o- -0- 339,684 -0- -0- -0- -0- 3,111,110 -0- -0- -0- -o- 24,205,325 -0- 78,967 5,260,386 (6,345,350) (1,084,964) -0- (1,005,997) Nonoperating Gains Change in Interest in Net Assets of ISO Foundation -0- -0- -0- -0- -0- -0- 10,479,802 10,479,802 51,032 10,530,834 Pension Liability Adjustment (Note 11) -0- 1,556,241 -0- -0- 1,556,241 -0- -0- -0- -0- 1,556,241 Total Nonoperating Gains -0- 1,556,241 -0- -0- 1,556,241 -0- 10,479,802 10,479,802 51,032 12,087,075 Change in Net Assets 235,558 1,556,241 (156,591) -0- 1,635,208 5,260,386 4,134,452 9,394,838 51,032 11,081,078 Net Assets, Beginning of Year (9,840,438) (11,967,553) 313,770 _ -0- (21,494,221) 5,030,778 56,244,987 61,275,765 32,336,090 72,117,634 Net Assets, End of Year $ (9,604,880) $ (10,411,312) $ 157,179 $ -0- $ (19,859,013) $ 10,291,164 $ 60,379,439 ; 70,670,603 $ 32,387,122 $ 83,198,712 See accompanying notes to financial statements. 7 INDIANA SYMPHONY SOCIETY, INC. STATEMENTS OF CASH FLOWS YEARS ENDED AUGUST 31, 2014 AND 2013 2014 2013 Operating Activities Change in Net Assets $ 4,942,443 $ 11,081,078 Adjustments to Reconcile Change in Net Assets to Net Cash Flows from Operating Activities Non -Cash Items Interest in Net Assets of ISO Foundation (6,691,487) (4,185,484) Bad Debt Expense 182,135 126,188 Depreciation 283,475 339,684 Defined Benefit Pension Plan Expense 1,130,431 1,470,402 Pension Liability Adjustment 115,102 (1,556,241) (4,980,344) (3,805,451) Changes in Assets and Liabilities Receivables 1,382,619 (3,943,268) Prepaid Expenses and Other Assets (301,313) (76,479) Accounts Payable, Accrued Expenses, and Other Liabilities 350,212 (405,219) Pension Contribution (1,097,048) (1,782,171) Deferred Revenue 137,908 2,667 Net Cash Flows from Operating Activities 434,477 1,071,157 Investing Activities Capital Expenditures (890,184) (476,051) Financing Activities Advances on Line of Credit 13,357,276 15,543,253 Payments on Line of Credit (12,996,725) (15,980,394) Net Cash Flows from Financing Activities 360,551 (437,141) Net Change in Cash (95,156) 157,965 Cash, Beginning of Year 247,938 89,973 Cash, End of Year $ 152,782 $ 247,938 Supplemental Disclosure of Cash Flows Information Cash Payments for Interest $ 61,961 $ 63,350 See accompanying notes to financial statements. 8 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 1. NATURE OF ACTIVITIES The Indiana Symphony Society, Inc. (the Society) is a not - for - profit corporation formed in 1937 for the purpose of operating the Indianapolis Symphony Orchestra (ISO). The ISO is one of Indiana's best known cultural resources receiving national and international recognition and setting the highest musical standards within our community. The Indianapolis Symphony Orchestra Foundation, Inc. (the ISO Foundation) is a separate entity that was formed in September 1990 for the purpose of educating the public by providing financial and other support to the Society. The ISO Foundation manages the endowment which was raised to support the Indianapolis Symphony Orchestra, the Hilbert Circle Theatre, and the Symphony Centre buildings. The ISO Foundation is under no obligation to transfer assets to the Society. Due to the purpose for which the ISO Foundation was formed, the Society and the ISO Foundation are considered to be financially interrelated organizations even though they operate independently of each other and have separate Boards of Directors. Because the Society and the ISO Foundation are financially interrelated, the Society has recognized its interest in the net assets of the ISO Foundation in its financial statements. Additionally, based on the nature of the relationship between the ISO Foundation and the Society, and the purposes for which the ISO Foundation exists, the ISO Foundation qualifies under Internal Revenue Service guidelines as a functionally integrated Type III supporting organization. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Net Assets The financial statements report net assets and changes in net assets in classes that are based upon the existence or absence of restrictions on use that are placed by its donors, as follows: Society Unrestricted Net Assets — Society unrestricted net assets are not subject to donor - imposed stipulation. The only limits on the use of Society unrestricted net assets are the broad limits resulting from the nature of the Society, the environment in which it operates, the purposes specified in its corporate documents and its application for tax - exempt status, and any limits resulting from contractual agreements with creditors and others that are entered into in the course of its operations. The Society maintains four unrestricted net asset classifications, as follows: General Operating - used to report contributions, revenues and expenses from the general operations of the Society. 9 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 Pension Plan - used to report the activity related to the pension liability adjustment computed according to the provisions of Financial Accounting Standards Board Accounting Standards Codification 715 -20 and 30 related to the non - contributory pension plan administered by the Society for qualified employees. Board Designated - established to account for Board of Director designations. Facilities - established to account for the grants received from the ISO Foundation for the Hilbert Circle Theatre and Symphony Centre and annual lease payments made to the ISO Foundation as discussed in Note 10. Society Temporarily Restricted Net Assets — Society temporarily restricted net assets are resources that are restricted by a donor for use for a particular purpose or in a particular future period. The Society's unspent contributions are classified in this class if the donor limited their use. When a donor's restriction is satisfied, either by using the resources in the manner specified by the donor or by the passage of time, the expiration of the restriction is reported in the Statements of Activities by reclassifying the net assets from temporarily restricted to unrestricted net assets. Net assets restricted for acquisition of property or equipment (or the contribution of those assets directly) are reported as temporarily restricted, and are reclassified to unrestricted net assets as the specified asset is depreciated, unless the donor provides more specific directions about the period of its use. ISO Foundation Temporarily Restricted Net Assets — ISO Foundation temporarily restricted net assets are resources that are restricted by a donor for use for a particular purpose or in a particular future period. Included in this net asset class are the unrestricted net assets of the ISO Foundation due to implied time restrictions since such payments will be made from the ISO Foundation to the Society in future periods. This net asset class is also used to account for contributions where the donor has stipulated that the contribution be used to purchase and improve land, the Hilbert Circle Theatre, Symphony Centre, and for the investment return from the Hilbert gift which is restricted for use for Hilbert Circle Theatre capital requirements, cost of maintenance, and operations. ISO Foundation Permanently Restricted Net Assets — ISO Foundation permanently restricted net assets are resources which must be maintained by the ISO Foundation in perpetuity. Net assets increase when the ISO Foundation receives contributions for which donor - imposed restrictions limit the ISO Foundation's use of the asset and /or its economic benefits and which neither expire with the passage of time nor can be removed by the ISO Foundation's meeting certain requirements. 10 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Pledges Receivable Pledges receivable consist of unconditional pledges received from a broad base of contributors. Amounts pledged relate to the Annual Fund, the Life is Better with Music Campaign (included in Annual Fund contributions in the Statements of Activities), Project Funding, and Capital Campaign. Unconditional pledges receivable that are expected to be collected within one year are recorded at net realizable value. Unconditional pledges receivable that are expected to be collected in future years are recorded at the present value of their future cash flows. The discounts on those amounts are computed using United States Treasury Bill rates with maturities commensurate to the time period of expected collection of pledges. Discount rates used for the year ended August 31, 2014 ranged from 0.09% to 2.15% and for the year ended August 31, 2013 ranged from 0.13% to 2.60 %. Amortization of the discounts is included in Contributed Income. Management estimates an allowance for uncollectible pledges receivable based on current economic conditions, historical trends, and current and past experience with their donor base. At August 31, 2014 and 2013, management determined that an allowance of $192,019 and $96,830, respectively, was necessary. Government Grants Receivable Government grants receivable represent amounts awarded by various government agencies. Govemment grants receivable are due within one year and are recorded at their net realizable value. Management estimates an allowance for uncollectible govemment grants receivable based on current economic conditions, historical trends, and current and past experience with the individual grantors. Management determined that no allowance was necessary at August 31, 2014 and 2013. Accounts Receivable Accounts receivable are stated at amounts expected to be received for tickets sold by third party vendors, run out performances, and program advertising. Accounts are monitored on an ongoing basis and significant effort is made to collect all amounts due to the Society. After one year, amounts uncollected are written off as bad debts. No interest is charged on past due accounts. 11 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 Management estimates an allowance for uncollectible accounts receivable based on current economic conditions, historical trends, and current and past experience with their vendor base. Management determined that no allowance was necessary at August 31, 2014 and 2013. Property and Equipment The Society capitalizes at cost all significant purchases of property and equipment acquired for use, including expenditures that substantially increase the useful lives of existing assets. Costs of ordinary maintenance and repairs are charged to expense as incurred. Depreciation is calculated using the straight -line method, including one -half year's depreciation in the year of acquisition. Property and equipment are depreciated over their estimated useful lives, which range from three to thirty -nine years. Contributed property and equipment are recorded at their fair value at the date of the gift. Assets donated with explicit restrictions regarding their use, and contributions of cash that must be used to acquire property and equipment with specific directions about the period of use, are reported as restricted support. Absent donor stipulations regarding how long those donated assets must be maintained, the Society reports expirations of donor restrictions as the donated or acquired assets are depreciated. The Society reclassifies temporarily restricted net assets to unrestricted net assets at that time. The major classes of property and equipment, along with their respective accumulated depreciation, are as follows at August 31: Computer Equipment and Software Musical Instruments and Orchestra Equipment Stage Equipment Transportation Equipment Office Fumiture and Equipment Hilbert Circle Theatre Property Leasehold Improvements Cost 2014 Accumulated Depreciation $ 702,376 $ 555,427 2,056,501 1,508,682 1,396,233 1,344,125 94,170 52,113 203,613 203,613 485,744 427,906 10,016,516 8,481,573 $ 14,955,153 $ 12,573,439 Net Book Value $ 146,949 547,819 52,108 42,057 -0- 57,838 1,534,943 $ 2,381,714 12 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 Computer Equipment and Software Musical Instruments and Orchestra Equipment Stage Equipment Transportation Equipment Office Fumiture and Equipment Hilbert Circle Theatre Property Leasehold Improvements Fair Value of Financial Instruments 2013 Accumulated Cost Depreciation $ 774,502 2,042,579 1,388,544 48,456 203,613 465,234 9,330,480 $ 14,253,408 $ 715,189 1,430, 617 1,315,862 48,456 203,387 419,144 8,345,748 $ 12,478,403 Net Book Value $ 59,313 611,962 72,682 -0- 226 46,090 984,732 $ 1,775,005 The carrying amount reported in the Statements of Financial Position for accounts payable, accrued expenses, and other liabilities approximates fair value based on short-term maturity. Revenue and Expense Recognition The Society derives its revenues from the sale of tickets and performance fees as well as receiving contributions from the general public, governmental agencies, philanthropic foundations, and other organizations. Ticket sales and performance fees are recognized as increases in unrestricted net assets when earned. Ticket sales in advance of concert performances are recorded as deferred revenue. Pledges, government grants, and operating grants are recorded as assets when the pledge commitments are received. The related revenue that is not restricted by the donor or restricted by time is reported as an increase in unrestricted net assets. Revenue that is restricted by the donor is reported as an increase in unrestricted net assets if the restriction is met in the reporting period in which the revenue is received. Expirations of temporary restrictions on net assets, either by fulfillment of the stipulated purpose or the passage of time, are reported as reclassifications between the applicable classes of net assets. Annual fund contributions include amounts contributed to support operations or specific productions that have been included in the annual operating budget. Project funding contributions include support for specific projects not included in the annual operating budget. Concert Advertising Costs The Society expenses concert advertising costs in the year in which the related production occurs. Concert advertising expenses for the years ended August 31, 2014 and 2013 were $1,263,485 and $1,268,689, respectively. Prepaid advertising expenses are $247,689 and $130,570 as of August 31, 2014 and 2013, respectively, and are included in prepaid expenses and other assets. 13 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 Income Taxes The Society is exempt from Federal and state income taxes on related income under Section 501(c)(3) of the Internal Revenue Code and similar state law. The exemption is on all income except unrelated business income as noted under Section 511 of the Internal Revenue Code. Internal Revenue Code Section 513(a) defines an unrelated trade or business of an exempt organization as any trade or business which is not substantially related to the exercise or performance of its exempt purpose. The Society's net advertising income is considered unrelated business income. The Society's related advertising expenses offset related income and no tax was paid during fiscal 2014 and 2013. Accounting principles generally accepted in the United States of America require management to evaluate tax positions taken by the Society and recognize a tax liability if the Society has taken an uncertain position that more likely than not would not be sustained upon examination by various federal and state taxing authorities. Management has analyzed the tax positions taken by the Society, and has concluded that as of August 31, 2014 and 2013, there are no uncertain positions taken or expected to be taken that would require recognition of a liability or disclosure in the accompanying financial statements. The Society is subject to routine audits by taxing jurisdictions; however, there are currently no audits for any tax periods in progress. The Society has filed its federal and state income tax returns for periods through August 31, 2013. These income tax returns are generally open to examination by the relevant taxing authorities for a period of three years from the later of the date the return was filed or its due date (including approved extensions). Reclassifications Certain amounts in the fiscal 2013 financial statements have been reclassified herein to conform to the fiscal 2014 presentation. Subsequent Events The Society evaluates events occurring subsequent to the date of the financial statements in determining the accounting for and disclosure of transactions and events that affect the financial statements. Subsequent events have been evaluated through November 21, 2014, which is the date the financial statements are available to be issued. 14 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 3. PLEDGES RECEIVABLE Pledges receivable consist of the following at August 31: Annual Fund Lilly Endowment, Inc. Capital Campaign Project Funding Total Pledges Receivable Less Unamortized Discount Less Allowance for Uncollectible Contributions Net Pledges Receivable Amounts Due In: Less Than One Year One to Five Years More Than Five Years 4. LINE OF CREDIT 2014 $ 5,156,611 1,237,000 517,000 -0- 6,910,611 (71,115) (192,019) $ 6,647,477 $ 3,907,546 2,995,565 7,500 $ 6,910,611 2013 $ 6,160,088 987,000 781,461 353,771 8,282,320 (134,294) (96, 830) $ 8,051,196 $ 3,305,632 4,966, 688 10,000 $ 8,282,320 The Society has an $8,000,000 line of credit agreement with an institutional lender which expires on January 31, 2015. At August 31, 2014 and 2013, there was $7,695,543 and $7,334,992, respectively, borrowed against this line. Interest is charged at the one month LIBOR rate as defined in the agreement plus 0.70% (0.855% at August 31, 2014). The ISO Foundation has guaranteed the line of credit and pledged specific assets as collateral. The ISO Foundation's assets are pledged at a 75% advance ratio, therefore, the maximum amount to be pledged by the ISO Foundation is $10,667,000. 5. BOARD DESIGNATED NET ASSETS Board Designated net assets consist of the following at August 31: 2014 2013 Capital Assets $ 115,697 $ 155,179 Capital Campaign -0- 2,000 $ 115,697 $ 157,179 15 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 All pledges collected in cash or currently due for the Capital Campaign are reported in the Board Designated fund unless otherwise restricted by the donor. When cash is collected on these unrestricted pledges, the Board may approve a transfer of funds to the General Operating fund. During the years ended August 31, 2014 and 2013, Capital Campaign pledges totaling $266,461 and $261,845, respectively, were collected or became currently due. The Board approved transferring a total of $264,461 to the General Operating fund for fiscal year 2014 to help fund operations. The Board approved transferring a total of $367,363 to the General Operating fund for fiscal year 2013 including $354,846 to help fund operations and $12,517 for transitional expenses. Board Designated net assets related to Capital Assets are transferred to the General Operating fund as the assets are depreciated to offset the depreciation expense being recognized. During the years ended August 31, 2014 and 2013, such transfers were $39,482 and $51,073, respectively. 6. TEMPORARILY RESTRICTED NET ASSETS Temporarily Restricted net assets are available for the following purposes or periods at August 31: Society Annual Fund Pledges /Grants Restricted Due to Timing Annual Productions Capital Campaign Pledges Restricted Due to Timing Operations in Future Years Capital Improvements - Funded Depreciation Project Funding Total Society ISO Foundation Unrestricted Net Assets of the ISO Foundation Capital Improvements - Funded Depreciation Pledges Restricted Due to Timing Educational Purposes Hilbert Circle Theatre Annual Facility Expenses General Purposes Orchestra's Artistic Endeavors Total ISO Foundation 2014 $ 4,747,434 166,693 499,010 1,237,000 1,520,045 262,267 $ 8,432,449 $ 58,993,337 3,125,402 1,764,081 396,564 1,302,158 -0- 1,434,384 $ 67,015,926 2013 $ 6,167,477 461,559 762,139 987,000 1,534,952 378,037 $ 10,291,164 $ 53,390,742 3,398,473 1,680,545 -0- 453,675 6,252 1,449, 752 $ 60,379,439 16 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 7. PERMANENTLY RESTRICTED NET ASSETS Permanently Restricted net assets of the ISO Foundation are perpetuity and are available to support the following at August 31: Orchestra's General Operations Hilbert Circle Theatre Annual Facility Expenses Educational Purposes Orchestra's Artistic Endeavors 2014 $ 21,045,084 6,260,000 3,768,425 1,368,613 $ 32,442,122 8. NET ASSETS RELEASED FROM RESTRICTIONS restricted in 2013 $ 21,045,084 6,260,000 3,768,425 1,313,613 $ 32,387,122 Net assets were released from donor restrictions by incurring expenses satisfying the restricted purposes or by occurrence of other events specified by donors as follows during the years ended August 31: Purpose Restriction Accomplished Funded Depreciation on Capital Improvements Project Funding Capital Campaign Operational Projects Annual Productions Expiration of Time Restrictions Current Year Operations ISO Foundation Grants to the Society 2014 $ 91,108 115,770 266,461 328,041 2,535,099 987,000 6,459,767 $ 10,783,246 2013 $ 115,417 -o- 261,845 288,000 961,491 987,000 6,345,350 $ 8,959,103 17 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 9. FUNCTIONAL EXPENSES Expenses by program and supporting activities, including the allocation of depreciation of $283,475 and $339,684 and defined benefit pension plan expense of $1,130,431 and $1,470,402 for the years ended August 31, 2014 and 2013, respectively, are as follows: Programs Orchestra Operations Concert Production Marketing Education Program Book Other Management and General General and Administrative Patron Services Facilities Fundraising 10. LEASES Hilbert Circle Theatre 2014 2013 $ 10,199,174 4,754,957 1,803,327 716,994 149,135 39,463 17,663,050 2,217,323 354,448 2,991,950 5,563,721 1,281,746 $ 24,508,517 $ 10,094,199 4,389,013 2,109,658 632,034 126,275 34,279 17,385,458 2,214,318 340,941 2,945,824 5,501,083 1,318,784 $ 24,205,325 The Society has a lease agreement with the ISO Foundation for the Hilbert Circle Theatre (the Theatre) expiring August 31, 2018. The agreement requires annual rental payments of $850,000. The Society is responsible for utilities, maintenance, insurance and other expenses incidental to the operations of the Theatre. During both fiscal 2014 and 2013, the ISO Foundation contributed the $850,000 of annual rental expense back to the Society (Note 13). The Society has a sublease with the ISO Foundation whereby the Society leases additional lobby space adjacent to Hilbert Circle Theatre. The lease agreement calls for escalating monthly payments and expires on January 31, 2020. The lease may be cancelled with at least twelve months prior written notice. 18 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 Symphony Centre The Society has a lease agreement with the ISO Foundation for the Symphony Centre expiring August 31, 2023. At August 31, 2014, the lease agreement requires annual rental payments aggregating $400,000. The lease agreement provides for rent increases if additional tenant improvements are incurred by the ISO Foundation. The Society is responsible for utilities, maintenance and other operating costs of the facility. During both fiscal 2014 and 2013, the ISO Foundation contributed the $400,000 of annual rental expense back to the Society (Note 13). The Society also subleases office space within the Symphony Centre to various third party organizations. These agreements have maturity dates ranging from January 2015 through December 2022. In August 2014, a section of the exterior facade of the Symphony Centre dislodged and damaged the roof of an adjacent building. The Society expects the damage from the incident to be covered by insurance and has accrued the related deductible of $1,000 as of August 31, 2014 under the general liability policy. The Society has initiated a review of the structural integrity of the affected area of the Symphony Centre; however no determination has been reached regarding the extent of repairs, if any, which may be necessary. As such, no reasonable estimate of the repair costs or commitment related to capital improvements that will be required by the Society under the lease terms can be made at this time, and no provision for loss has been recorded as of August 31, 2014. Victoria Centre The Society has an operating lease for a portion of the Victoria Centre. The lease expires June 30, 2017 and includes one three -year and seven month renewal option. The lease calls for escalating future minimum lease payments. Total rental payments under this lease for the years ended August 31, 2014 and 2013 were $62,081 and $61,128, respectively. Fletcher Properties The Society has an operating lease for warehouse space from Fletcher Properties. The lease expires February 28, 2015. Total rental payments under this lease were $40,208 for each of the years ended August 31, 2014 and 2013. Conner Prairie Effective February 18, 2013, the Society entered into a new operating lease with Conner Prairie for facilities used for the Symphony on the Prairie Series. The lease expires September 30, 2015 and includes a one -year extension option. The lease calls for future minimum lease payments based on a minimum of 24 concerts per 19 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 year. Total rental payments made to Conner Prairie for the years ended August 31, 2014 and 2013 were $398,944 and $398,342, respectively. Future Minimum Lease Payments Future minimum lease payments required under the aforementioned operating leases are as follows: Year Ending Hilbert Circle August 31, Theatre 2015 2016 2017 2018 2019 Thereafter Minimum Payments Less: Sublease Rentals $ 974,361 977,343 979,472 982,455 134,585 56,077 Symphony Centre Victoria Fletcher Conner Centre Properties Prairie Total $ 400,000 $ 63,058 $ 20,104 $ 368,256 $ 1,825,779 400,000 64,060 -0- -0- 1,441,403 400,000 54,093 -0- -0- 1,433,565 400,000 -0- -0- -0- 1,382,455 400,000 -0- -0- -0- 534,585 1,600,000 -0- -0- -0- 1,656,077 4,104,293 3,600,000 181,211 $ 20,104 $ 368,256 8,273,864 -0- (971,135) -0- -0- -0- (971,135) $ 4,104,293 $ 2,628,865 $ 181,211 $ 20,104 $ 368,256 $ 7,302,729 Total rent expense for the years ended August 31, 2014 and 2013 was $1,873,607 and $1,869,268, respectively, including $1,250,000 for the rental of the Hilbert Circle Theatre and Symphony Centre. Rent expense includes additional rent for the Hilbert Circle Theatre lobby expansion of $122,373 and $119,590 for the years ended August 31, 2014 and 2013, respectively. The additional rents are included in Facilities expense in the General Operating unrestricted net asset class. Rent expense has not been reduced by sublease rentals received on the office o perating leases amounting to $290,865 and $296,366 for the years ended August 31, 2014 and 2013, respectively. 11. PENSION PLANS Defined Benefit Plan The Society has a non - contributory defined benefit pension plan for employees covered by collective bargaining agreements (musicians with a hire date prior to October 16, 2012 and stagehands) and seven other former employees who were grandfathered into the plan and whose benefits have been frozen. The Society makes annual contributions to the defined benefit plan at least equal to the amount required to satisfy legal funding requirements. 20 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 The following sets forth the funded status of the plan and amounts shown in the accompanying Statements of Financial Position at August 31: Funded Status Benefit Obligation (both projected and accumulated) Fair Value of Plan Assets Amounts Recognized in the Statement of Financial Position Accrued Pension Benefits Amounts Not Yet Recognized as Components of Net Periodic Pension Cost Prior Service Cost Net Loss Pension Plan Net Asset Deficit 2014 $ 33,248,531 22,787,117 $ (10,461,414) $ (10,461,414) $ 89,588 10,436,826 $ 10,526,414 2013 $ 29,963,656 19,650,727 $ (10,312,929) $ (10,312,929) $ 211,305 10,200,007 $ 10,411,312 The measurement dates used in determining the pension benefit measurements for plan assets and benefit obligations was August 31, 2014 and 2013, respectively. The discount rate used in determining the actuarial present value of the projected benefit obligation was 3.72% and 4.44% for fiscal 2014 and 2013, respectively, and the expected long -term rate of return on assets was 7.50% for both fiscal 2014 and 2013. The projected benefit obligation was computed using a $25 monthly retirement benefit per year of service for office staff and a monthly retirement benefit per year of service for musicians as follows: For benefit service credited as of August 31, 2007 For benefit service credited commencing on September 1, 2007 and before September 1, 2008 For benefit service credited commencing on September 1, 2008 and before September 1, 2009 For benefit service credited commencing on or after September 1, 2009 and before September 1, 2011 For benefit service credited commencing on or after September 1, 2011 $ 86 $ 95 $ 105 $ 56 $ 86 21 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 Net pension cost for the defined benefit plan for the years ended August 31, 2014 and 2013 included the following components: Service Costs Interest Costs Return on Assets Net Amortization and Deferral Net Periodic Pension Costs 2014 $ 468,776 1,298,696 (3,233,741) 2,596,700 $ 1,130,431 2013 $ 542,413 1,259,557 (1,845,622) 1,514,054 $ 1,470,402 The amounts included in the pension plan net asset deficit that are expected to be recognized as components of net periodic pension cost during the fiscal year ending August 31, 2015 are as follows: Amortization of Prior Service Cost $ 89,588 Amortization of Net Loss 672,332 $ 761,920 The Society made contributions to the plan of $1,097,048 and $1,782,171 during the years ended August 31, 2014 and 2013, respectively. The Society expects to make contributions of $1,456,885 to the plan during the year ending August 31, 2015. There are no participant contributions to the plan. Distributions from the plan were $1,194,399 and $1,153,111 during the years ended August 31, 2014 and 2013, respectively. The amount of benefits expected to be paid, based on the same assumptions used to measure the benefit obligation (including, when applicable, benefits attributable to estimated future service) through fiscal 2024 are as follows: Year Ending August 31, 2015 2016 2017 2018 2019 Years 2020 - 2024 $ 1,401,154 1,644,523 1,741,031 1,813,215 1,867,863 10,427,133 $ 18,894,919 22 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 The Society's pension plan assets by asset category are as follows at August 31: Cash and Cash Equivalents Equity Mutual Funds Disciplined Equity International Equity Small /Mid Cap Equity Emerging Markets Equity Fixed Income Mutual Funds High Yield Bond Emerging Markets Debt Core Fixed Income Opportunistic Income Dynamic Asset Allocation Fund 2014 2013 $ 4,166 $ 5,660,960 4,913,411 2,424,539 1,334,972 1,070,772 1,425,348 3,056,806 988,549 1,907,594 $ 22, 787,117 22 4,568,118 4,183,758 2,022,358 1,144, 334 985,546 1,309,623 2,903,655 966,969 1,566,344 $ 19,650,727 The Society's investment strategy is based on an expectation that equity securities will outperform debt securities over the long term. Accordingly, the composition of the Society's plan assets is broadly characterized as a 70% - 30% allocation between equity and debt securities, respectively. The strategy utilizes indexed U.S. equity securities and actively managed investment grade debt securities with lesser allocations to high -yield and international debt securities. Plan assets consist of mutual funds, which are considered to be Level 1 investments in the fair value hierarchy (based on unadjusted quoted prices for identical assets in active markets). The Society attempts to mitigate investment risk by rebalancing between equity and debt classes as the Society's contributions and benefit payments are made. Although changes in interest rates may affect the fair value of a portion of the investment portfolio and cause unrealized gains or losses, such gains or losses would not be realized unless the investments are sold. The expected Tong -term rate of return on plan assets is based on an independent advisor's projection of return on the target portfolio, reduced by management for conservatism and consistency. Defined Contribution Plan The Society implemented a 403(b) plan effective September 1, 2008. Under the 403(b) plan, the Society will match the staff employees' contributions up to 3% of eligible compensation. Effective, September 1, 2011, the Society will match contributions made by musicians covered under the collective bargaining agreement with at least 40 years credited benefit service up to 5% of eligible compensation. Effective October 16, 2012, for musicians hired after that date, the 23 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 Society will contribute 5% of musicians' annual minimum salary covered under the collective bargaining agreement through the 2015 -16 season, and 8% for the 2016- 17 season. Contributions to the 403(b) plan for the years ended August 31, 2014 and 2013 were $95,470 and $99,990, respectively. 12. SELF - FUNDED MEDICAL PLAN The Society's medical and dental insurance is covered through a self- funded plan. The Society is liable for claims under the plan, subject to an annual individual and aggregate stop -loss insurance coverage of $75,000 and $1,000,000, respectively, in the current policy year. Medical costs under the self- funded plan for the years ended August 31, 2014 and 2013 were $1,523,960 and $1,142,383, respectively. These expenses were offset by employee contributions to the plan of $142,895 and $133,369, respectively. The Society also offers a Health Savings Account to all employees covered under the self- funded plan. Employer contributions to employee health savings accounts for the years ended August 31, 2014 and 2013 were $106,800 and $98,650, respectively. 13. INDIANAPOLIS SYMPHONY ORCHESTRA FOUNDATION, INC. The Society has an $8,000,000 line of credit agreement with an institutional lender (Note 4) which is guaranteed by the ISO Foundation. The ISO Foundation has pledged assets as collateral for this line of credit. Beginning in fiscal 2013, the Society entered into a new service agreement with the ISO Foundation whereby the Society provides certain management services, including endowment fund raising, administrative services, office space and preparing financial records and reports. In return, the ISO Foundation paid the Society an annual fee of $50,000 in fiscal 2014 and 2013, which is included in the Statements of Activities under ISO Foundation revenue. The ISO Foundation contributed $6,459,767 and $6,345,350 to the Society during the years ended August 31, 2014 and 2013, respectively. The amounts contributed are included in the Statements of Activities as net assets released from restrictions. 24 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 The contributions were in support of the following programs or activities: General Operating Fund General Operating Pension Grant Education Grant Pops Enhancement Conductor Laureate Other Facilities (Note 10) 2014 $ 3,958,306 1,000,000 188,421 35,000 24,657 3,383 5,209,767 1,250,000 $ 6,459,767 2013 $ 3,453,822 1,000,000 478,823 86,389 67,376 8,940 5,095,350 1,250,000 $ 6,345,350 During fiscal 2013, the Society and ISO Foundation developed and implemented a new business model that includes a more fiscally responsible operating draw grant to the Society by the ISO Foundation. The general operating fund draw amount above for fiscal 2014 and 2013 includes a 5% draw from the ISO Foundation's investment portfolio, plus an additional $1,000,000 to reduce the Society's unfunded pension liability. The Society owed $500 and $84,812 to the ISO Foundation at August 31, 2014 and 2013, respectively. 14. CONDITIONAL PLEDGE The Society received a pledge for general operating purposes from the Lilly Endowment, Inc. for $1,237,000 for the period September 1, 2013 to August 31, 2014. Of the total pledge, $250,000 was conditioned on the Society raising qualifying matching funds for new or increased contributions. The conditions were fulfilled during the year ended August 31, 2014 and the $250,000 portion of the pledge was recorded in the Society's financial statements as an unrestricted contribution. In addition, the $987,000 non - conditional portion of the pledge was released from temporarily restricted to unrestricted net assets in the Society's financial statements as the timing requirement had been met in fiscal 2014. During fiscal 2014, the Lilly Endowment, Inc. also pledged $1,237,000 for the period September 1, 2014 to August 31, 2015, however, no portion of the pledge was conditioned. 25 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 15. CONCENTRATIONS At August 31, 2014 and 2013, 41% and 72 %, respectively, of accounts receivable were due from Marsh Supermarkets, LLC related to Symphony on the Prairie. At August 31, 2014 and 2013, a pledge from one donor (Note 14) comprised 18% and 12 %, respectively, of the gross pledge receivable balance. Contributions from one donor (including the contributions described in Note 14) represented approximately 19% and 22% of contributed income during the years ended August 31, 2014 and 2013, respectively. 16. RISKS AND UNCERTAINTIES The Society's defined benefit pension plan holds investments in debt and equity securities (Note 11). In addition, a substantial portion of the assets of the ISO Foundation are invested in a diversified long -term investment portfolio. Such investments are exposed to various risks such as interest rate, market and credit. Due to the level of risk associated with these securities and the level of uncertainty related to changes in the value, it is at least reasonably possible that changes in the various risk factors will occur in the near term that could materially affect the amounts reported in the accompanying financial statements. 17. COLLECTIVE BARGAINING AGREEMENTS WITH MUSICIANS AND STAGEHANDS The Society recognizes Indianapolis Musicians Local No. 3 of the American Federation of Musicians (Musicians' Union) and the International Alliance of Theatrical Stage Employees Local No. 30 (Stagehands' Union) as the collective bargaining agents for its musicians and stagehands, with respect to wages, hours and conditions of employment. The Society's prior contract with the musicians ended on September 2, 2012. During the negotiations between the Society and the Musicians' Union toward a new collective bargaining agreement there was a five week interruption in the Society's concert schedule. The current Society agreement with the Musicians' Union is effective through September 3, 2017. The current Society agreement with the Stagehands' Union is effective through August 31, 2018. 26 INDIANA SYMPHONY SOCIETY, INC. NOTES TO FINANCIAL STATEMENTS AUGUST 31, 2014 AND 2013 18. MANAGEMENT'S OPERATIONAL PLANS The Society has an unrestricted net asset deficit of $19,749,342 and $19,859,013 as of August 31, 2014 and 2013, respectively, resulting from operational deficits in prior years and costs associated with the defined benefit pension plan. The Society is operating under a new business model based on financially responsible operating draws from the ISO Foundation (Note 13). Fiscal 2013 was the first year of a five -year plan prepared to enable the Society to eliminate its annual operating deficits while providing the cash flow required for contributions to the defined benefit pension plan. The Society's change in net assets in the General Operating fund was a positive $266,255 and $235,558 for the years ended August 31, 2014 and 2013, respectively. Improvements resulted from various expense reductions and increases in earned and contributed income. The Society's line of credit (Note 4) matures on January 31, 2015. It is management's intention to negotiate a renewal and extension of this credit facility, although no renewal commitments have yet been sought or received from the lender. Management and the Board understand that the continued success of the Society is dependent on achieving the operational, sales and fundraising results outlined in the Society's annual operating budgets, and its ability to maintain appropriate credit facilities. It is not possible at this time to predict the success of these plans. 27