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HomeMy WebLinkAbout01-17-18-10/Arts Grant/Carmel Symphony OrchestraRESOLUTION NO. BPW 01-17-18-10 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 N' .2018. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: 6+ � James Brainard, Presiding Officer Mary Date: Lori S. ats 'NeInN Date: j 1 SAE Bass\My Documenis\BPW-Resolulions\2017\Acknowledge Ads Gram VOCE•do-1/gl201 B 11:53 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 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: 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 $ 2 6 0 , 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: 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). 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: Carmel Symphony Orchestra ("Grantee") By: Printed Name of Officer: Alan Davis Title: Date: November 30, 2017 ATT YST: �b. , Date: I d - a3- 45(01 -1 President & CEO CITY OF CARMEL ("Grantor" By: James Brainard, Mayor Date: ; -3 If you have any question concerning the City of Carmel'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 n 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: Carmel Symphony Orchestra Address: 760 3rd Ave, SW, Suite 102 Carmel, IN 46032 Telephone: 317-844-9717 Fax: 317-844-9916 Contact Person: Alan Davis Email:—adavis@carmelsymphony.org APPLICATION AMOUNT: $ 270,000 Not to e.rceed 1/3 of previous year revenuelincome DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: Please see attached. By. Printed Name of Officer: Alan Davis Title: President & CEO Date: November 30, 2017 (Additional pages may be added to Exhibit "X') City of Carmel Arts Grant Application Exhibit A November 30, 2017 This grant from the city will provide either partial or total funding for these Carmel Symphony Orchestra (CSO) 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 (children and students through high school can attend CSO concerts for $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. The CSO is requesting $270,000. While we recognize this represents a significant increase over past grants, we are asking the City to join with us in investing in taking the Carmel Symphony to the next level. In July 2017 we took the first step by hiring Janna Hymes as Music Director. In just two concerts this season, she has already made huge strides in growing the artistic level of the CSO. In addition, she is enthusiastically putting the orchestra front and center in the community through media interviews, talking with key individuals, and speaking to groups. The second step necessary to take the orchestra to the next level is to raise musician compensation so that the CSO remains competitive with other area orchestras in attracting the highest caliber of musicians. At the core of our Strategic Plan was the mandate to grow our fundraising by hiring a part- time Director of Development; however, a year ago 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. A year ago 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 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 City of Carmel page 2 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. Currently the CSO is a third of the way towards this goal with a cash reserve of $30,000. During the past year the CSO performed for approximately 30,000 adults and children at subscription concerts, educational concerts, and free public concerts such as CarmelFest. The CSO's upcoming season marks the CSO's 43'dt season of providing outstanding orchestral concerts to the citizens of Carmel and surrounding communities. Since the CSO's move to the Palladium and crossover programming with The Texas Tenors, 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. The CEO of the Center envisions an even closer relationship with the CSO in the future. Funding from the City of Carmel enables the CSO to continue presenting guest artists of national and international reputation such as Sean Chen and Drew Petersen in a collaboration with the American Pianists Association, Sylvia McNair, the Indianapolis Children's Choir, the Indiana University Singing Hoosiers, and the Gold, Silver, and Bronze Medalists from International Violin Competition of Indianapolis. And, of course, The Texas Tenors, who appeared with the CSO again in January 2017. The CSO is extremely proud of the fact that approximately 25% of our annual budget is earned income from ticket sales. In addition, approximately 30% 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. Additionally, 100% of the Board and Staff, and 100% 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 2018-19 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 5tn grade students enrolled 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 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 City of Carmel page 3 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, 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 YouthPASS means that the most a family of four would pay to attend a concert is about $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, a proposed side-by-side concert with the Carmel High School Orchestra, Familiy Fun!, and the Youth PASS program) more than 4,000 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 2,000 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 a legal resident of 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 43rd season in 2018-19, the Carmel Symphony Orchestra remains committed to this guiding principal — Music has the power to change lives.