HomeMy WebLinkAbout02-07-18-02/Fractured Atlas/Indianapolis Symphonic ChoirRESOLUTION NO. BPW 02-07-18-02
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 1'�(Vtry , 2018.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY- ,,nn
James Brainard, Presiding Officer
Date:
Lori S. jurat , Melnb
Date: ` a 7
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Christine Pauley/Cle��a�ur�
Date: // jj ��ff
SAE Bass\My Documents\BPW-Resolulions\20181Acknowledge Arts Grant Actors Theatre of indiana.docx1/23J201810:24 AM
ARTS GRANT PROGRAM
AGREEMENT
This Grant Agreement (herein referred to as "At")t") entered into by and between the City
of Carmel (the "City") and Y (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:
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1. That on behalf of Grantee, a not-for-profit corporation, I,
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 , 5 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:
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A. This Agreement must be fully executed and signed by both Grantee and Grantor.
B. Grantee has attached all the following informatiorf 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);
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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 hov�4he 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 piupose. 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. `1
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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 i6alid 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:
E G C° L S.'(24 1` _("Grantee")
By: &" Q-R&&!�
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_\\^� nn �
Printed Name of Officer: Cf t 'n a lnn � C� k O� Title: ax A�a�CA,
Date: 0 9,01vt
CITY OF CARMEL ("Grantor")
By:
James Brainard, Mayor
Date: 93 JJs- P�G� -2 t%1
Date:_ . v ti
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, sdhbeeLkarmel.in.Wy.
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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 Ose of the Grant Funds
APPLICANT:
Name of organization: Ballet Theatre of Indiana, INC.
Address: 12955 Old Meridian St. #100
Carmel, IN 46032
Telephone: 317-855-9950 x700 Fax: N/A
Contact Person: Stirling Matheson, Artistic Director
Email: Stirling@btindiana.org
APPLICATION AMOUNT: $ $17,000
Not [u crvcce(/ l/3 of presioiis ycarrevetiuclinco)ue
DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS:
See Attachment
Printed Name oiOfficer: Stirling Matheson
Title: Artistic Director
Date: 11/27/2017
(Additional pages may be added to Exhibit "A")
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BALLXT y Directors: Stirling and Sabrina Matheson
12955 Old Meridian St #100
VA
Ni1 Carmel, IN 46032
of IN D I :A A (317 55 9950
Ballet Theatre of Indiana Grant Proposal to the City of Carmel
Mission Statement
• To present classical and contemporary ballets to Indiana audiences
• To further dance education in the community
• To create opportunities for emerging choreographers to showcase their work
• To foster a spirit of cooperation between the many talented artists and arts organizations in the State of Indiana
History
Ballet Theatre of Indiana, INC. is a professional, resident ballet company based in Carmel, IN that was founded by Stirling
and Sabrina Matheson in 2014. Our aim is to present dance that is meaningful and connects with our audience while
addressing the ethical issues inherent in the standard practices of ballet. To that aim, we have assembled a small team of
multi -talented artists who handle everything from dancing to carpentry to media relations.
Our first three seasons consisted of 11 productions ranging in material from contemporary dance to established classics to
all-new full length ballets. Thus far, BTI has grown a sizable audience and sold out four productions. In addition to the main
stage work, we have created an outreach and education program that partners with Hamilton and Marion county libraries
and the Hollis Adams Foundation.
Program Description
We are currently in the midst of our fourth season, having wrapped a bold and very well received production of an all new
Dracula before beginning rehearsal for our annual Nutcracker. In addition, we've launched a cutting edge new cinema
program, produced our first short film with help from legendary French optics manufacturer Angenieux and WFYI, and it is
currently under consideration for ten film festivals, including the Sundance Film Festival and the Julian Dubuque Film
Festival.
Funding for BTI comes from a variety of sources. Most of our funding comes from individual donors and businesses from
Indiana and abroad both in monetary donations and in in-kind donations of useful goods or items for our silent auction
fundraiser. On top of that, BTI can reliably generate $3,00047,000 in income from each show. Between that ticket income
and our efficient productions, our shows typically pay for themselves or turn a small profit that is reinvested into better
equipment, costumes, or scenic elements.
BTI's audience grew 498% from the first season to the second, and has continued to grow by at least 100% year -over -year.
This year, we have expanded to seven shows (400 seats each) of The Nutcracker, and expect to sell out. We do not expect
ticket sales to dip below 200 for any individual show night this year, and anticipate 300-350 for each performance of Beer
& Ballet. BTI is proud to attract a far more diverse audience than most classical ballet companies. Our gender split is
roughly 10% less biased towards women than the national average, our audiences ages are very representative of our
community, and our shows' audiences also reflect our communities racial make-up significantly more than the national
average for ballet companies. We think this is a result of our commitment to creating art that is highly focused on the theme
or story at hand, and is built for the community we serve.
Financial Need
While our shows are successful enough to reliably pay for their own costs, to pay our dancers we are reliant on
sponsorships. Two years ago we began soliciting dancer sponsorships and various organizations (such as Hollywood law
IT
firm Monis, Yorn, Barnes, Levine, Krintzman, Kohner, and Gellman APC.) and individuals (Such as Karl and Wendy
Volkmar and Jonathan Franzen) have generously stepped forward and donated
For our fifth season running from August of 2018 to April of 2019 we're hoping to secure 18 sponsorships valued at $8,500
each. These cover payroll and associated costs and help us retain valuable employees like Audrey Robson, who has done
everything from performing as The Sugar Plum Fairy to serving as PR Director since the company's founding or Emma
Beigel, who was a principal dancer as Lucy in Dracula, while building the sets and working on fundraising.
To ensure BTI's continued growth — financially, artistically, and logistically — we need to keep building a stronger financial
foundation so that our exceptional artists can devote more time to the company.
Future Plans
In addition to continuing our four annual productions, BTI plans to expand its cinema production and grow its outreach and
education program to involve more organizations and schools.
The sponsored artists will perform in and do their shares of the support work for BTI's fifth season, which will again consist
of four mainstage productions: an unannounced October show, The Nutcracker, Beer & Ballet V, and lastly we are bringing
back our first production ever, Les Sylphides, to celebrate five years of BTI. In addition to that, we will continue to build our
outreach program in our community's libraries, and build more partnerships with local businesses like the events we have
created at Prime 47 and the Evan Lurie Gallery.
Project Goals
The single greatest challenge facing BTI at the moment is the limited available hours for rehearsal and office work. We
currently train five days per week, but only rehearse for three. Obtaining sponsors for every dancer would enable us to
expand our rehearsal and work schedule to five days per week. Not only would this improve the artistic quality of our
productions, but it would also allow us to grow our outreach program by 50-100% in terms of engagements in the
community and put our artists to work in their non -dance roles for more hours weekly, improving marketing, fundraising,
and administration. Moreover, it would help us retain these spectacular artists, and keep them working and living in Carmel,
IN.
Closing
We are hoping that the city of Carmel will assist us by sponsoring two dancers for $17,000. This would be two more steps
towards an improved quality of life for our dancers, and improved quality of performance for BTI, and greater flexibility for
BTI in terms of fundraising, administration, outreach, costuming, set construction, and all of the non -dancing work that
needs to be done.
Ballet Theatre of Indiana is a sponsored project of Fractured Atlas, a non-profit arts service organization. Fractured Atlas
will receive grants for the charitable purposes of Ballet Theatre of Indiana, provide oversight to ensure that grant funds are
used in accordance with grant agreements, and provide reports as required by the grantor. Contributions for the charitable
purposes of Ballet Theatre of Indiana must be made payable to Fractured Atlas and are tax-deductible to the extent
permitted by law.
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FRACTURED ATLAS
November 30, 2017
City of Carmel
1 Civic Square
Carmel, IN 46032
Dear Sir or Madam,
This letter confirms that Fractured Atlas is the fiscal sponsor of Ballet Theatre of Indiana.
Fractured Atlas will receive grants for the purposes of Ballet Theatre of Indiana, provide
oversight to ensure that grant funds are used in accordance with grant agreements, and provide
reports as required by the grantor. This grant proposal has been reviewed and is endorsed by
Fractured Atlas.
Fractured Atlas is a non-profit arts service organization. Our fiscal sponsorship program
provides opportunities for independent artists and small groups to apply for grants and solicit
tax-deductible contributions. All sponsored projects have been reviewed and approved by the
Fractured Atlas Board of Directors.
Fractured Atlas is on the Steering Committee of the National Network of Fiscal Sponsors and
follows its best practice guidelines. The NNFS promotes the understanding and professional
practice of fiscal sponsorship. While models and missions differ, the organizations that comprise
NNFS share common questions and aspirations to ensure responsible use of the tool of fiscal
sponsorship.
Should you have any questions about Fractured Atlas or its relationship with Ballet Theatre of
Indiana, please do not hesitate to call.
Sincerely,
Nathan Zebedeo
Associate Director, Program Operations
888.692.7878
212.277.8020 248 West 35`' St., Fl. 10 New York, NY 10001 www.fracturedatlas.org WA