HomeMy WebLinkAboutBPW-01-04-17-09 Arts Grant Carmel Symphony OrchestraRESOLUTION NO. BPW 01-04-17-09
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING ARTS GRANT
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 Arts Grant 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 of 2017.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
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1119t V If4-Ph I
James Brainard, Presiding Weer
Date: _
Mafy Aryf Burke, �rrlbes J '
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Lori S. Watso , Me
Date: 114 11 ?I
C—Kristine PauleyXler1e-'�f�s eC.
Date: 7 /
SAE BassWly Documents\BPW-Resolutions\2017*c riowledge Ads Grant Carmel Klavier International Piano Competition.docx12122/201612:46 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 Carmel Symphony Orchestra (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, Alan Davis ,
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 $ 215,000.00 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 8
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. Quarterly financial statements. Grantee agrees to provide the City of Carmel
quarterly financial statements within 45 days after each quarter -end for Grant awards
in excess of sixty thousand dollars ($60,000).
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8. 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
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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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 venue
for and has jurisdiction over same.
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14. 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
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.
15. 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.
16. 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:
Printed Name of Officer: Alan Davis Title: President & CEO
Date: November 30, 2016
CI7-/
CARMELL� ("Grantor")
By: �
James Brainard, Mayor
Date: 12-14-2016
ATTEST:
i)-�-
Date: 12-14-2016
If you have any question concerning the City of Carmel's 2017 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, skibbena.carmel.in.g_ov.
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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:_ Carmel Symphony Orchestra
Address: 760 3rd Ave SW, Suite 102
Carmel, IN 46032
Telephone: 317-844-9717 Fax: 317_g44-9910
Contact Person: Alan navis
Email: adavis(acarmelsymphnny-c)rg
APPLICATION AMOUNT: S 220,000
Not to e-rceed 1/3 o` previous Year rerenuelincome
DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS:
By: / U . -L-_/
Printed Name of Officer: Alan Davis
Title: President & CEO
Date: Nnvpmhpr 30, 2n16
(Additional pages may be added to Exhibit "A")
0
CARMEL
SYMPHONY
ORCHESTRA
City of Carmel Arts Grant Application
Exhibit A
November 30, 2016
This grant from the City of Carmel will provide either partial or total funding for these
programs:
• Two Sounds Exciting! elementary concerts where all Carmel -Clay fifth grade
students hear orchestral music selected in consultation with elementary music
teachers to supplement state music curriculum and are inspired to join their school's
band or orchestra.
• The CSO's performance at CarmelFest.
• Presenting guest artists of national reputation.
• Music for various civic events such as the Holiday Tree Lighting.
• The Youth PASS program, which enables children and students through high school
to attend CSO concerts for just $5.
• Family Fun! — an interactive concert where young and young -at -heart are invited to
sit on stage and experience music being made from a different perspective.
• Increased marketing to heighten awareness of the CSO and the arts in Carmel.
• Keeping concert tickets affordable for all of our community. Tickets start at just
$15.
Additionally, the CSO is requesting $10,000 over and above our previous request of
$210,000. We are asking the City for a two-year investment in our future (we will make the
some request next year) by funding our recently upgraded position of Director of
Development while we build our fundraising capacity over the next 2 years. We plan that
the increase in donor and sponsorship dollars will enable us to fully fund the Director of
Development position through the additional revenue.
At the core of our 5 -year Strategic Plan was the mandate to grow our fundraising by hiring
a very part-time Director of Development; however, over the past year it became apparent
that if we were going to be successful in meeting the fundraising goals set out in the plan,
the position needed to be upgraded in both the level of time commitment required by the
position and in salary to attract a fully committed individual. In October we found that
individual and hired Marc Huber. He joins the CSO with 17 years of experience in non-
profit fundraising. Prior to joining the Carmel Symphony Orchestra, he served as director of
760-3,dAvenue SW, Suite 102, Carmel, IN 46032-2070 • Carmel Symphony. org • info@carmelsymphony.org • 317.844.9717
City of Carmel
page 2
development for IUPUI University Library and as assistant director of development at the
American Library Association, where he focused on corporate giving. He previously worked
as director of major gifts and planned giving at the American Academy of Pediatrics and as
annual giving officer at The Rotary Foundation of Rotary International. He began his
fundraising career managing the annual mail and phone fundraising campaign for Barat
College of DePaul University. For over 10 years, he has been a member of the Association
of Fundraising Professionals. In addition, the plan also outlines the goals necessary to
increase the artistic excellence of the CSO and secure its future in our community by
creating a cash reserve of at least $100,000 by 2020.
The CSO typically performs for more than 30,000 adults and children at subscription
concerts, educational concerts, and free public concerts such as CarmelFest. The CSO's
current program year marks the CSO's 41St season of providing outstanding orchestral
concerts to the citizens of Carmel and surrounding communities. Since the CSO's move to
the Palladium, we have expanded our attendance to include people from outside the
Indianapolis metropolitan area and even outside the state. Throughout its existence the
CSO has continually enhanced our community's quality of life in a fiscally responsible
manner through creative, artistically excellent performances, and educational experiences
for diverse audiences of all ages. In addition, the CSO has become an important
component for the Center for the Performing Arts and in the economic development of
Carmel.
Funding from the City of Carmel enables the CSO to continue presenting guest artists of
national and international reputation such as Sean Chen, Ann Hampton Callaway, Sylvia
McNair, the Indianapolis Children's Choir, Angela Brown, Susie Park, and the Texas
Tenors, who will be appearing again with the CSO in January 2017.
The CSO is extremely proud of the fact that approximately 30% of our annual budget is
earned income from ticket sales and contracted performances. In addition, 28% of income
comes from individual donors. Furthermore, the CSO is well supported by the business
community through concert sponsorships, gifts, matching contributions, and in-kind
donations of services and office space. We are also proud of the fact that over the past 5
years patron giving (from a donor base made up of people of different socio-economic
backgrounds and age groups) has increased by over 10% per year with last year's patron
giving rising by almost 25%. Additionally, 100% of the Board and Staff, and most of the
musicians contribute to the annual fund. We are also extremely grateful to our professional
musicians who choose not to be paid for their service to the CSO. Their contribution of
uncompensated talent is valued at $106,000.
While the 2017-18 season is still being finalized, it will continue to feature six concerts
showcasing the CSO in the Palladium, as well as a separate Family Fun! concert.
Funding from the City of Carmel helps to underwrite the CSO's subscription series of six
"family -friendly" concerts (families with young children are encouraged to attend and
children are made to feel welcome at all CSO concerts), and educational concerts for all 5th
grade students in Carmel -Clay Schools, as well as other area school systems, private
schools, and home -schooled students. The separate Family Fun! concert features the
winner of the CSO's Young Artist Competition. This concert also offers "children" from two
City of Carmel
page 3
to 92 an opportunity to sit among the orchestra musicians to watch music being made up
close. And, after the concert, the excitement spills over into the lobby where the newly
inspired can try out orchestral instruments at a musical petting zoo. City funding also
sponsors the CSO's performance at CarmelFest on the 4th of July and at various other civic
and community events.
The "family -friendly" atmosphere of the Carmel Symphony Orchestra's concerts has
become our brand. As a result, the CSO programs concerts that entertain and educate the
broadest possible audience, including audiences who do not traditionally attend orchestra
concerts. The CSO has been successful in attracting a broader age range than the typical
40-60 year-old symphony orchestra patron. The eclectic programming, use of multi -media
presentations, affordable ticket price and Youth PASS and CollegePASS programs have
attracted family audiences from broad ethnic and socioeconomic backgrounds. The CSO
has successfully positioned its concerts as accessible, affordable family entertainment in a
way that can compete favorably with movies and other popular forms of family
entertainment. CSO ticket pricing and the Youth PASS means that the most a family of four
would pay to attend a concert is around $50. As a result, CSO concerts draw more children
and young adults than most other major Indiana orchestras. Furthermore, between our
major educational initiatives (Sounds Exciting! concert, the school performances of Ellis
Island: the Dream of America, Familiy Fun!, and the YouthPASS program) more than 4,200
children and students under the age of eighteen heard the CSO in concert this past season
for just $5 or free.
Sounds Exciting! is our signature educational concert designed especially for elementary
school students, who are at the age when they are deciding if they want to play a musical
instrument and participate in school band and orchestra. These concerts draw more than
2,250 students including every 5th grade student in the Carmel -Clay system as well as students
from Westfield -Washington, Heritage Christian, and other local schools to the Palladium for
the performances that showcase a wide range of orchestral repertoire. After this concert,
teachers are surveyed. Additionally, the CSO has developed an advisory committee of music
teachers from the Carmel -Clay Schools to help the orchestra plan future programs and
projects that will be a resource for teachers to use in supplementing the state music
curriculum.
The CSO nurtures the careers of young musicians through its annual Young Artist Concerto
Competition. With support from the CSO League and Meridian Music, the CSO conducts a
juried competition open to any instrumental music student who resides within the State of
Indiana. Typically this competition draws applications from more than 40 talented junior
high and high school students. The winner is presented in concert as a soloist with the
orchestra and receives a $1,000 prize.
As we look ahead to our 2017-18 season — our 42 d — the Carmel Symphony Orchestra is
entering a new and exciting chapter as we will conclude our national search for our next
Music Director that began with 130 applicants. With great anticipation, we look forward to
introducing him/her to our community. Moving into the future, the CSO remains
committed to this guiding principal — Music has the power to change lives.
Exhibit "B"
A budget for the calendar or fiscal year for
which the grant is requested
2:25 PM Carmel Symphony Orchestra, Inc.
11/29/16 Profit & Loss Budget Overview
Accrual Basis July 2016 through June 2017
Jul '16 - Jun
Ordinary Income/Expense
Income
83,200.00
Concert Income
244,500.00
Contracted Performances
0.00
Concert Sponsorship
112,500.00
Donations
86,950.00
Government
240,000.00
Grants
13,745.00
Program Advertisements
17,000.00
Rebate
0.00
Refund on Expense
0.00
Young Artist
750.00
CD Purchase
0.00
Reimbursed Expenses
0.00
In -Kind Contributions
164,175.00
Total Income
879, 620.00
Cost of Goods Sold
44,000.00
Season Concerts
246,454.42
Special & Contracted Conce...
67,055.00
In Kind Contributions
164,175.00
Music Director Search
29,400.00
Total COGS 507.084.42
Gross Profit 372,535.58
Expense
Advertising and Marketing
83,200.00
CD's for Purchase
600.00
Community Service
750.00
Development
7,200.00
Dues and Subscriptions
2,248.00
Equipment Purchase
5,800.00
Equipment Rental (Non -Con...
2,973.00
Insurance
5,380.00
Internet Expense
0.00
Licenses and Permits
10,331.00
Miscellaneous
420.00
Office Supplies
2,520.00
Payroll Expenses
137,721.16
Postage and Delivery
8,040.00
Printing and Reproduction
23,372.00
Professional Fees
44,000.00
Rent
1,812.00
Repairs
780.00
Telephone & Internet
2,520.00
Travel & Ent
4,290.00
Young Artist Competition
2,850.00
Total Expense 346,807.16
Net Ordinary Income 25,728.42
Other Income/Expense
Other Income
Interest Income 3,600.00
Total Other Income 3,600.00
Other Expense
Bank Service Charges 5,680.00
Total Other Expense 5,680.00
Net Other Income -2,080.00
Net Income 23,648.42
Page 1
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
AFFIDAVIT
I, Alan Davis , an authorized representative
of Carmel Symphony Orchestra ("Grantee"), being first duly sworn upon
my oath, state that pursuant to paragraph 8 of the City of Carmel 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 fiscal year ending 2016 or calendar year ending 2015
totaled $ 779.604
�1
Signature
Printed Name Alan Davis
Subscribed and sworn to before me, the undersigned Notary Public, this �% day of
V�OYe"e , 20\U .
Signature - Notary Public 1
Printed Name
Resident of M i or) County, Indiana
My Commission Expires: 1