Loading...
HomeMy WebLinkAbout01-23-19-25/Arts Grant/Salon Patrons AssociationRESOLUTION NO. BP«' 01-23-19-25 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 romptly filed in the office of the Clerk -Treasurer and thereafter made available to the public for review. SO RESOLVED this day of , 2019. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: I hs James Brainard, Presiding Officer ATTEST: Christine Pauley, Clerk -Treasurer Date: 1-7 15 — / q SAE Bass\My Documents\BPW-Resolutions\201"wledge Arts Grant Hoosier Salon Patrons Association.docxl/14/20193:12 PM r ARTS GRANT PROGRAM AGREEMENT This Grant Agreement (herein referred to as "Agreement") entered into by and between the City of Carmel (the "City") and Hoosier Salon Patrons Association (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, Robert Burnett, 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. A. Grant Agreement. The City, after review and recommendation by the Mayor, agrees to grant $30,000.00 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. Generally, the 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. The City of Carmel may, however, make exceptions for start-up organizations that have been in existence for three (3) years or less. B. Further Conditions. The Grantee and the City hereby agree that the Grantee will operate a gallery in the Carmel Arts & Design District through December 31, 2019. The Grantee and City further agree that the Grantee will adhere to the hours of operation as set forth by the Carmel City Center Community Development Corporation ("4CDC") and which may be adjusted by the 4CDC from time to time. C. Payment. The grant will be paid monthly throughout calendar 2019. D. ClawbacL The Grantee and the City further agree that if the Grantee ceases to operate a gallery in the Carmel Arts & Design District at any time during calendar year 2019 or fails to keep the gallery open in accordance with Section 2(B) herein or in any way breaches this Agreement the Grantee will return all monies paid under this Agreement within thirty (30) days, after notice of said breach, to the City of Carmel. 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: 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, 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). 2 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. Said review or audit, if requested, 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. 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. 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 City 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 and Federal law. 3 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. 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 tern 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. Notice. Any notice required pursuant to this Agreement shall be by First Class U. S. Mail: To Grantee: Hoosier Salon Patrons Association Attn: Robert Burnett 22 N. Rangeline Road Carmel, IN 46032 To City: City of Carmel Attn: Mayor Jim Brainard 4 I Civic Square Carmel, IN 46032 17. If Grantee is found by a court of competent jurisdiction to be in breach of this Agreement, Grantee agrees to pay City's attorney fees and any court or other costs. 18. 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: Hoosie at iation ("Grantee") By: (Signature) Printed NanW f Officer: Robert Whett Title: Executive Director Date: CITY OWCARMEL (" cantor") James Brainard, yor ///Z)/ / yo GTTEST: , -rl Date: !- i0- Ro 19 If you have any question concerning the City of Cannel's 2019 Arts Grant Program, grant writing, guidelines or application materials, contact: Sharon Kibbe, City of Cannel, One Civic Square, Carmel, IN 46032, Phone: 317-571-2483, skibbena carmel.in.gov. E Exhibit "A" An Application and Description of the Proposed Use of the Grant Funds APPLICANT: Name of organization: Hoosier Salon Patrons Association Address: 22 N. Rangeline Road Carmel, IN 46032 Telephone: (317) 669 - 6051 Fax: Contact Person: Robert Burnett Email: bburnett(aDhoosiersalon.org APPLICATION AMOUNT: $ 45,000 DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: As the Hoosier Salon begins its 95th year of service to Indiana artists and the people of our State, we find our- selves in a period of exciting changes. The most is the change in organizational leadership. With the resignation Executive Director Jim May in August of 2018, the Board of Directors found themselves with an unexpected opportunity to re-examine the scope of The Salon's work and to renew its commitment to provide the people of Indiana with access to compelling work by Hoosier artists. To facilitate this process, the Board hired Bob Burnett, a seasoned arts administrator with a commitment to building community through the arts. During this transitional time, the Hoosier Salon is positioning itself to be at the center of a dynamic, statewide network of visual arts organizations. The City of Carmel, with its central location in the state and its focus on providing its citizens with an exceptional quality of life, continues to be a significant partner for the Hoosier Salon. Financial support in the form of grants from the City of Carmel has been a critical factor regarding the Hoosier Salon's presence in Carmel. The partnership between the City of Carmel and the Hoosier Salon has been a positive one in terms of working together and bringing an awareness of visual arts to 'the community. Unfortunately, the financial aspect of the Salon's location on Rangeline Road has not been as successful as we had intended. For the past three years,the gallery has operated at a substantial deficit. Currently, the Hoosier Salon is in negotiations to reduce our monthly costs allowing us to remain in our current location Continued on additional pages By: Printed ame of Officer: Rkbo Burnett Title: Executive Director Date: November 28, 2018 (Additional pages may be added to Exhibit "A") Exhibit A - continued Hoosier Salon This uncertainty regarding our location has required us to alter our planning due to scheduling and logistical issues related to the rotating exhibitions. The Hoosier Salon remains committed to providing the Carmel community with high -quality visual arts experiences in the gallery. A change that we are implementing in 2019 is a reduction in the number of exhibitions that we will be presenting. In response to input from exhibiting artists and the public, the exhibition schedule will consist of six exhibits instead of 12. The amount of time and energy to install and then dismantle an exhibition, not to mention travel for some artists, takes a toll on the effectiveness of the show. By extending the timeframe of each exhibit we can curb costs, increase the exposure of exhibiting artists, and with better direct marketing, increase the opportunity to bring visitors into the Carmel Arts and Design District. Regardless of our physical location, with the financial support of the City of Carmel, the Hoosier Salon will look for alternative ways of continuing the work that we do on behalf of the citizens of Carmel. The viability of "pop-up" spaces for temporary installations of exhibition and sales of visual art is being explored with other nonprofits and property owners in the community. We will continue to be a part of Second Saturdays, providing opportunities for community members to gather and share in cultural experiences. We will partner with the City of Carmel, Indiana Artisan and other local organizations for Artomobilia, the Carmel International Arts Festival, and Carmel on Canvas. Today's Carmel schools' student are the next community leaders and engaged citizenry. The Hoosier Salon is actively planning experiential programs for young people both in school settings and in other locations within the community. These programs would place professional artists in local classrooms to provide studio art instruction and art history. In other settings, such as the Palladium or painting in the open air near City roundabouts or public plazas, the students will have the chance to examine in visual terms what is unique and significant to the place where they live. The opportunity to work directly with professional artists will enhance the students' ability to perceive the world from different points of view as well as introduce them to a range of visual language such as line and shape, contrast and color. The Salon Gallery has served as meeting place for other community -based organizations including the Carmel Creative Writers, the two local chapters of Tri- Kappa's and the National Board of Psi Iota Xi, as well as hosting special events such as the Sponsors VIP party for Carmel International Arts Festival. We value our working relationship with the City of Carmel, specifically the Department of Community Relations and Economic Development. While revising our plan of work for the next two years, we will continue to base our current efforts on the Business and Marketing Plan developed by the Hoosier Salon's previous director with some modifications based on actual figures and changes to the exhibition schedule. Exhibit A -continued Hoosier Salon This plan includes the following: • Develop a sustainable business model for a gallery including gallery sales, consignments and facility rentals. • Attract more buyers to the Carmel Arts & Design District • Increase the dollar volume of sales (in-house and online) for the Carmel Gallery • Work with Carmel Community Relations to leverage City marketing activities to attract potential customers. • Work with Visit Hamilton County to build upon County marketing efforts to attract new visitors. • Improve Hoosier Salon customer service to convert walk-in traffic into customers. • Increase Corporate Sponsorships • Recruit individual memberships from Carmel/Hamilton County • Identify Sponsors for all exhibition openings. • Generate revenue through local art workshops • Offset some gallery expenses with volunteers to staff the gallery during hours of operation. • Generate revenue from event space rental that increases in subsequent years. • Increase the awareness of the Hoosier Salon and the appreciation of art made in Indiana. • Regularly schedule local artists to paint in locations throughout the Carmel Arts & Design District — the opportunity to interact with a working artist reinforces the idea that this is a community that values creative expression. • State-wide campaign to rebrand the Hoosier Salon Name and to emphasize the quality of life generated through ownership of original art and the economic impact for the cities, counties and the State. Exhibit A - continued Hoosier Salon • Provide services to Hoosier Salon member artists by showcasing their work, offering technical and business workshops and other support activities in the Carmel Art & Design District. Strategic Considerations The following target groups can help increase the dollar volume of sales in the Carmel Gallery: • Carmel Residents • New Homeowners and Residents • Interior Designers (residential and commercial) • Downtown visitors and other walk-in traffic • Tourists • Purchasers of art for Carmel businesses The Hoosier Salon is committed to its role in the Carmel Arts & Design District and serves as a vital proponent for the arts and art education for Carmel and Hamilton County. Use of Funds Program Developer $10,000 Exhibition Supplies and Materials $ 5,000 Marketing $15,000 Events $ 7,000 Workshops $ 5,000 Education $ 8,000 TOTAL $45,000 We look forward to expanding and enhancing our working relationship with the City of Carmel to better serve the citizens and businesses located in this unique community. Thank you for your thoughtful consideration. If you have any questions or need additional information regarding this request, please don't hesitate to contact me at (317) 767-1388 (cell) or bburnett(cDhoosiersaIon. orq . FY 19 Hoosier Salon Revenue 300 Contributions Restricted $ - 300.1 Contributions Restricted Business $ - 300.2 Contributions Restricted Affiliates $ - 300.3 Contributions Restricted Individuals $ - 300.4 Contributions Restricted Board $ - 301 Contributions Non -Restricted $ - 301.1 Contributions Non -Restricted Business $ 16,000 301.2 Contributions Non -Restricted Affiliates $ 13,500 301.3 Contributions Non -Restricted Individuals $ 15,000 301.4 Contributions Non -Restricted Board $ 78,000 302 In -Kind Revenue $ 5,000 304 Sponsorships $ 28,500 305 Grants Restricted $ - 306 Grants Unrestricted $ - 306.1 Unrestricted Grant - City $ 45,000 306.2 Unrestricted Grant - County $ 7,500 306.3 Unrestricted Grant - State $ 7,500 306.4 Unrestricted Grant - Federal $ - 306.5 Unrestricted Grant - Foundation $ 95,000 310 Membership $ - 310.1 Membership Master $ - 310.2 Membership Signature $ 4,875 310.3 Membership Associate $ 15,000 310.4 Membership Student $ 500 310.5 Membership K-12 $ 500 320 Gallery Sales $ 136,000 320.2 Sales Tax $ - 322 Membership Discount $ - 328 Other Income $ - 328.1 Awards Income $ 38,000 328.2 Advertising Income $ 15,000 328.3 Miscellaneous Income $ - 328.4 Gallery Rental $ 3,750 329 Workshop Income $ 134,811 330 Entry Fee Income $ 17,000 331 Admission Income $ 5,000 360 Investment Income $ - 370 Realized/Unrealized Gain/Loss on Investment $ - 375 Shopify - Product Sales $ - 390 Unrealized Gains (Losses) $ - 2018 CASH $ - Total Revenue $ 681,436 FY19 Hoosier Salon Expenditures 401 Staff Salaries $ 153,414 403 Payroll Taxes - Employer $ 11,944 404 Payroll Benefits $ 3,000 405 Payroll Health Insurance $ 11,615 406 Payroll Processing Fee $ 784 410 Temporary Staffing $ 5,000 411 Consulting/Professional Services $ 34,700 412 Travel Expenses, Mileage, Lodging $ 4,000 413 Personal Development/Training $ 1,000 414 Rent Galleries and Offices $ 63,732 415 Dues, Fees, Subscriptions $ 13,175 416 Depreciation $ 1,500 417Insurance $ 7,773 418 Telephone/Internet $ 8,604 419 Equipment Under $500 $ 1,400 420.1 Judges Fees $ 2,500 420.2 Judges Travel/Lodging/Meals $ 1,050 420.3 Judges Supplies $ - 421 Facility Rental $ 1000 422 Entertainment $ - 423 Equipment Maintenance & Repair $ 800 424 Catering $ 20,500 425 Utilities $ 5,500 427 Credit Card/Bank Fees $ 3,500 427.1 On -Line Fees $ 10,145 428 Artist Commissions $ 94,000 429 Signage $ 2,500 440 Printing $ 11,000 450 Postage $ 2,200 460 Supplies $ 5,000 465 In -Kind Expenses $ 5,000 470 Meetings/Meals $ 1,500 473 Awards/Plaques $ 37,500 493 Packing/Shipping Expense $ 2,500 494 Workshop Expense $ - 494.1 Workshop Instructor Fees $ 89,200 494.2 Workshop Supplies $ 3,550 494.3 Workshop Instructor Travel $ 4,750 494.4 Workshop Venue Rental $ 3,100 495 Advertising/Marketing $ 23,000 497 Cash Reserves $ 30,000 498 Miscellaneous $ - TOTAL EXPENSES $ $681,436 *The BOLD numbers indicate where Carmel Art Grant dollars would be used. STATE OF INDIANA SS: COUNTY OF HAMILTON AFFIDAVIT 1, Robert Burnett of Hoosier Salon Patrons Assn. an authorized representative ("Grantee"), being first duly sworn upon my oath, state that pursuant to paragraph 8 of the City of Carmel Arts Grant Program Agreement, all income of Grantee, including a City of Carmel arts grant, if applicable, revenue of sales, and/or ticket revenue, etc., in the Grantee's fiscal year ending 2018 or calendar year ending 2017 totaled $ 508 , 079 . 00 (CYE 2017 ) Sign Printed Name Robert Burnett Subscribed and sworn to before me, the undersigned Notary Public, this 30th day of November PV� SHAR N M. KIBBE Z G� Resident of Hamilton Co. * SEAL * My Commission Expires ''t'D�ANP July 12, 2026 2018. Signature - Notary Public Printed Name Resident of My Commission Expires: 11 County, Indiana Exhibit G Year End Report for 2018 Hoosier Salon USE OF FUNDS REQUEST AWARD Program Developer $12,000 $18,000 Temporary Staffing $ 5,000 $ Catering $ 3,000 $ Printing $ 3,000 $ 2,000 Supplies $ 5,000 $ 2,000 Workshop Instructors $ 6,000 $ 4,000 Marketing $15,000 $ 5,000 $49,000 $31,000 Carmel Art Grant Funds enabled us to continue enhancing our partnerships with the City, specifically for our regular exhibition series, participation in Second Saturdays, Artomobilia, Carmel on Canvas and the Carmel International Art Festival. General attendance at the Gallery rose by 7% with 5,612 visitors through November of 2018, up from 5,238 visitors in 2017. Attendance continues to be event -driven with nearly half of our visitors attending special events and exhibition openings (2,636 of 5,612 visitors in 2018 and 2,549 of 5,520 in 2017). Total sales through the Gallery are also up this year, $59,431 through November compared to $38,658 in 2017 — that's an increase of 54%. This is a move in the right direction, but the Gallery is still operating at a deficit. We also doubled the number of live demonstrations by artists in the community going from six last year to 12 in 2018.