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