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HomeMy WebLinkAbout01-17-18-18/Arts Grant/The Indiana Wind SymphonyRESOLUTION NO. BPW 01-17-18-18 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 u�rf , 2018. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: &��— P(fAreA�— James Brainard, Presiding Officer Date: SAE Bass\My Documents\BPW-Resolutions\2017Vzknowledge Aris Grant VOCE doc%1/9/207811:52 AM 2018 Arts Grant Application Request December 1, 2017 ARTS GRANT PROGRAM AGREEMENT This Grant Agreement (herein referred to as "Agreement") entered into by and between the City of Carmel (the "City") and The Indiana Wind Symphony (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, Susan Ullom Hungerford, 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 $ 3 9 , 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: 2018 Arts Grant Application Request December 1, 2017 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). 2018 Arts Grant Application Request December 1, 2017 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. 2018 Arts Grant Application Request December 1, 2017 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: Date: 12/1/17 ATTEST: Date: S Board President CITY OF CARMEL ("Grantor") By: James Brainard, Mayor Date: 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, skibbe@carmel.in.gov. P.O. Box 78592, Indianapolis, IN 46268 4 www.IndianaWindSyLnphony.org Exhibit "A" An application and description of the proposed use of the grant funds 2018 Arts Grant Application Request December 1, 2017 Exhibit "A" An Application and Description of the Proposed Use of the Grant Funds APPLICANT: Name of organization: The Indiana Wind Symphony Address: P.O. Box 78592, Indianapolis, IN 46268 Telephone: 317 441-6121 Fax: Contact Person: , Susan Ullom Hungerford/ IWS Board President Email: susan@intoknow.com APPLICATION AMOUNT: $ 39,000.00 Not to exceed 1/3 of previous year revenue/income DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: The Indiana Wind Symphony (IWS) has officially begun its 201h season under the musical direction of Dr. Charles Conrad. Although we are firmly rooted in the classic community band tradition, we build upon this heritage through innovation found in more contemporary wind ensembles—which uniquely positions us to premier acclaimed new works for wind symphony. This means that residents of Carmel can enjoy not only live performances of their favorite classics, but also works never before heard anywhere in the world. Our membership consists of trained symphony musicians who volunteer their time and talent to make this musical experience possible, and help us fulfill our mission "to present artistic performances of significant music for band and wind ensemble to the Central Indiana community." As one of proud and few resident ensembles of the Palladium at the Center for the Performing Arts in Carmel, we are deeply invested in the promotion and success of the City of Carmel. As a result, we perform not just our regular season concerts at the Palladium, but also a number of other performances throughout the city, including at the Carmel Gazebo, area gatherings and festivals (including events like the Carmel 100th Roundabout opening), and this year's Christkindlmarkt. During these performances, we not only delight thousands of area residents, but we also inspire numerous young people developing their own musical talents through initiatives like our side-by-side concerts. We are requesting $39,000 to provide funding for the following mission -critical initiatives that have made the IWS an asset both to the Performing Arts Center and the greater City of Carmel: • Artistic and General Management Over the last twenty years, the IWS has established a nationwide reputation for the extraordinary quality of our performances, which has required significant time, general management, and capital investments. In the last decade alone, the ensemble has graduated from playing in high school auditoriums to performing in the Midwest's premier musical venue as a resident ensemble. This has occurred with an entirely volunteer board and music director overseeing all operations of the organization. P.O. Box 78592, Indianapolis, IN 46268 6 www.IndianaWindSymphony.org 2018 Arts Grant Application Request December 1, 2017 In 2017, a Marketing Coordinator was hired to coordinate all marketing and outreach efforts for the organization, including growing ticket sales and enhancing our community outreach initiatives. With a portion of the funds requested here, the IWS will be able to expend greater intellectual capital on implementing our strategic vision to increase corporate and individual donations, develop a robust strategic marketing and public relations plan that will grow concert attendance, and continue to provide unparalleled musical opportunities for performers and listeners throughout our community. • Marketing and Community Awareness In the past year, the IWS has formed an extremely active marketing committee to oversee all outreach efforts for the ensemble. These efforts include increasing IWS brand awareness throughout the community through print and radio advertising, social media, community engagements, and special events. For example, on October 28, 2017, the IWS succeeded in its first annual Gala Fundraiser. This event not only grossed $29,000, but it also drastically increased our awareness among and engagement with corporate and individual donors throughout central Indiana. Additionally, the IWS will be taking a tour in the summer of 2018, performing in several European countries. This also provides an example of the IWS serving as a cultural ambassador on behalf of Carmel, IN. A portion of the funds requested here would allow us to continue to expand similar marketing and outreach efforts that greatly expand community awareness and participation. • Guest Artists The Indiana Wind Symphony has been honored to work with world-renowned guest artists from across the globe, and we would direct a portion of the funding requested here to continue to bring top musicians to the Palladium to perform with the IWS. Our special guest artists for this season include Soprano, Jessamyn Anderson (December 3, 2017), Pianist and Jazz Artist, Kelleen Strutz (April 8, 2018), and Trumpet Virtuoso, Allen Vizzutti (May 25, 2018). Date: December 1. 2017 (Additional pages may be added to Exhibit "A") P.O. Box 78592, Indianapolis, IN 46268 \h�vkv.lndianaWiiidSymphony.org