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HomeMy WebLinkAbout01-17-18-02/Arts Grant/Actors Theatre of IndianaRESOLUTION NO. BPW 01-17-18-02 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 day of 2018. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: E� �cn_ James Brainard, Presiding Officer Mfiry ate: / Aran �-� / / / Burke, MY r l //3 D Lori S. W tson em er Date: / Jnsfine Pauley, Cle -Treasure//,7/L o j Date: __ d S:\E BassWly Documents\BPW-Resolutions\2017\Acknowledge Ade Grant VOCE-docxt/9/201811:54 AM ARTS GRANT PROGRAM AGREEMENT This Grant Agreement (herein referred to as "Agreement") entered into by and between the City of Carmel (the "City") and 6GT 2jq,_, ' %fin & .✓.i)l,q.va (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, JAeA&s L- 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 $ 2 2 5 , 0 0 0.0 0 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: i 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: 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). F4 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. 3 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: 2S OF T,� ("Grantee") P ed Name of Officer. 'LL` Title: Date: CITYO CARMEL ("Glrantor") By: James Brainard, Mayor Date: 2- 3 y oc— 2 0 1 ATTEST: Date: l a-o"t3—do -1 If you have any question concerning the City of Cannel's 2018 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(d�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:d/q-�✓� Address:�f (� f} (/s c-5 `Svc Telephone�jj I - (a 62 ff — X23 Fax: Contact Person:_ IM i Z-. Email:JPf-- / z,��T1s G41 1-. 0 k -A - APPLICATION AMOUNT: $ y'3 7 000 Not to exceed 1/3 of previous year revenue/income DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: Sr=r 4777-,tGfr � CXH14iT �9 Date: 111,56 // (Additional pages may be added to Exhibit "A") 9 EXHIBIT A: PROPOSAL NARRATIVE Actors Theatre of Indiana December 1, 2017 OVERVIEW OF THE ORGANIZATION Please note that programs shown in bold type are new initiatives for ATI Actors Theatre of Indiana is entering its thirteenth season of presenting Broadway musicals and stage plays, as well as Indiana theatre premieres. It is also our seventh season of performing in the Studio Theatre at the Center for the Performing Arts. Co-founders Don Farrell, Judy Fitzgerald, and Cynthia Collins are professional performers, directors, and choreographers with over 75 years of combined professional experience in Off-Broadway productions, Radio City Music Hall, Madison Square Garden, Las Vegas, National and International Tours, Television, and Regional Theatres. Because of their range of experience and professional connections, we often utilize performers and directors from across the country to fill specific needs and roles in our productions. Quite frankly, Actors Theatre of Indiana could be considered a national theatre company. We recently added a Director of Education to the staff. MaryJayne Waddell will be responsible for administering our Theatre Immersion Experience. This tuition -based program is for students from 14 to 18 years of age who are contemplating a possible career in theatre. The students will work with our professional team from first rehearsal through opening night and be exposed to all facets of theatre production. MaryJayne has an extensive professional career spanning Broadway and Off-Broadway shows as well as national and international tours. Most notably, she performed in the lead role of Donna Sheridan in the National Tour of Mama Mia, as well as performing in the Broadway and National Tour of Les Miserables. MaryJayne will be a wonderful asset to the ATI organization. COMMUNITY INVOLVEMENT • Members of the Carmel Chamber of Commerce • Members of the Hamilton County Convention & Visitors Bureau • Performed at Carmel Fest with the Carmel Symphony Orchestra • Participates every summer in the Carmel Farmers Market • Upon request, we provide sign language interpreters for the hearing impaired • Performs annually in Carmel's Veterans Day ceremony • Performs caroling during the Christmas holidays in the Arts & Design District • Upon request, we offer a free summer concert series at Carmel City Center • Performed our Cole Porter Revue at The Barrington's grand opening • In collaboration with the Autism Society of Indiana, we have provided a special "lights up, sound down" performance of A Year with Frog & Toad • We provided free tickets to the Big Brothers/Big Sisters organization to see A Year with Frog & Toad • We have performed readings of A Year with Frog & Toad at libraries and schools throughout Carmel and Central Indiana • In collaboration with the Day Nursery/Indiana Early Learning Center, we provided a free morning performance of A Year with Frog & Toad • Beginning in December of 2017, we will be offering holiday performances of Frog & Toad for elementary schools in Carmel as well as surrounding school districts • In March of 2018, ATI will travel to Wabash, Indiana to present two performances of Frog & Toad to elementary school children of Wabash County. These performances will take place at the Honeywell Center in downtown Wabash EXHIBIT A PROPOSED USE OF 2018 CARMEL ARTS GRANT FUNDING On July 6, 2017 1 sent to the Mayor and all members of the City Council an update as to how Actors Theatre of Indiana leveraged the 2017 Carmel Arts Grant to strengthen the balance sheet of the theatre company and grow the organization. That update is presented as Exhibit "G" in this 2018 grant application package. Our focus has always been, and remains, to present theatrical productions that entertain and inspire the audience. Our aggressive use of social media enables us to reach a targeted audience at a fraction of the cost of traditional media. Our 2017/2018 season subscriptions are running approximately 30% ahead of the 2016/2017 season so it is obvious that our audiences are enjoying and supporting our professional productions. We are at the point in our artistic existence in the Studio Theatre where we need to continually upgrade our lighting, our production equipment, our cabaret staging equipment, and the music and sound equipment that we use for our productions. We purchased some of this equipment last year with proceeds from the Carmel Arts Grant. Quite simply, these new capital expenditures will be prudent artistic additions, both fiscally and developmentally, and will help ATI to continue offering the professional stage productions that our community so richly deserves. Here is a listing of the equipment that we would like to purchase with a portion of the proceeds from the 2018 Carmel Arts Grant: Adding movable LED theatrical lighting in the Studio Theatre will dramatically improve the scenic and lighting effects that are of paramount importance to a live professional theatre experience. We purchased some non-movable lighting last year and the addition of moving lights in 2018 will totally enhance the lighting effects in the Studio Theatre. The cost of these scenic and lighting enhancements will be approximately $15,000. We need to purchase a dimmer rack system for our existing 24 dimmers in the Studio Theatre. This would expand and enhance the capability of the dimmers which we already have. The cost of a dimmer rack system will be approximately $5,000. • We need to purchase ten new Sennheiser microphones (transmitters and receivers) to replace our outdated and unrepairable existing units. The estimated cost of these microphones will be approximately $6,000. We would like to purchase a hazer machine for use in the Studio Theatre. A hazer will allow us to create atmospheric haze effects for our productions. The cost of a hazer machine is $1,500. As in prior years, foundation grants, other governmental grants, individual donations, corporate sponsorships, and in-kind donations will supplement the Carmel Arts Grant in supporting Actors Theatre of Indiana. A stock donation plan was implemented in 2017 and a Planned Giving initiative will be implemented in 2018 in the hope that Actors Theatre of Indiana will be included in the estate plans of our patrons. Additionally, and in the spirit of full disclosure, the leadership of the City of Carmel needs to be aware of the following information: As mentioned in Exhibit G, for as long as Actors Theatre of Indiana has been receiving the Carmel Arts Grant, no Grant funds have ever been allocated to increasing staff compensation. We currently have five (5) full-time employees, each being paid an annual salary of $30,000 or $576 weekly. Our new Director of Education will be paid solely from tuition money generated from the Theatre Immersion program and whenever she performs in an ATI production. It has become increasingly obvious to the Board of Directors that if we were to suddenly lose our Executive Director, our Marketing/Development Director, or one of our three Founders, we would not be able to replace any of them for $30,000, thereby putting the future of the organization in jeopardy. Additionally, everyone should be aware that when our three Founders are performing in an ATI production, they always forfeit their Actors Equity salary of $2,100 per production. They do this to save money for the organization. The Executive Director has made a request to the Board of Directors to form a compensation committee to determine the appropriate salary levels for the staff and how funding can be generated to pay these increased salaries. 2018 FUNDING REQUEST Total revenue per ATI's 7/31/17 financial audit $711,827 Grant award percentage 33.3% Grant Amount Requested $237,000