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HomeMy WebLinkAboutResolution_BPW_02-03-21-02; Arts Grant; ($240,000.00); Actors Theatre of IndianaRESOLUTION NO. BPW02-03-21-02 RESOLUTION OFTHECITYOFCARMELBOARDOFPUBLICWORKSANDSAFETY ACKNOWLEDGING ARTSGRANTPROGRAMAGREEMENT WHEREAS, pursuant toIndianaCode36-1-4-7, theCityofCarmel, Indiana (“City”), isauthorized toenter intocontracts; and WHEREAS, pursuant toIndianaCode36-4-5-3, theCity’smayormayenterintocontractsonbehalfofthe City; and WHEREAS, pursuant tohisauthority under Indiana law, theCity’smayor, theHonorable JamesC. Brainard, hascausedtobesignedtheArtsGrantattachedheretoasExhibitA the (“Contract”); and WHEREAS, MayorBrainard nowwishestopresentthecontracttotheCity’sBoardofPublicWorksand Safety forittobepubliclyacknowledged, filedintheClerk’sOffice, andmadeavailabletothepublicforreview. NOW, THEREFORE, BEITRESOLVED bytheCityofCarmelBoardofPublicWorksandSafetyas follows: 1. TheforegoingRecitalsareincorporated hereinbythisreference. 2. ThereceiptoftheContractisherebyacknowledged. 3. TheContractshallbepromptlyfiledintheofficeoftheClerkandthereaftermadeavailabletothepublic forreview. SORESOLVED this dayof , 2021. CITYOFCARMEL, INDIANA ByandthroughitsBoardofPublicWorksandSafety BY: James Brainard, Presiding Officer Date: MaryAnnBurke, Member Date: LoriS. Watson, Member Date: ATTEST: SueWolfgang, Clerk Date: S:EBass\\\ MyDocuments\\ BPW-\Resolutions\2021\\AcknowledgeArtsGrantActorsTheatreofIndiana.\ docx1/27/20219:52AM DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F 2/3/2021 2/3/2021 2/3/2021 2/3/2021 2/3/2021 ARTS GRANT PROGRAM AGREEMENT This Grant Agreement ( herein referred to as " Agreement") entered into by and between the City of Carmel ( the " City") and 4G? OPS 6AiP r— > q L,Je4the 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, LJ/andr_S' -, / 1. , _ yy an authorized representative of Grantee, have applied for a City of Carmmeel 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. agrees to grant $ 2 4 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. 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. 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. DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F 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, unaudited Balance Sheet and Income Statement, 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. Said review- or audit, if requested, shall be performed by a Certified Public Accountant (" CPA") who 2 DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F 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. 12. Employment Eligibility Verification. The Grantee affirms under the penalties of pedury that he/ she/ it does not knowingly employ an unauthorized alien. The Grantee affirms under the penalties of pedury that he/ she/ it has enrolled and is participating in the E- Verify program as defined in IC 22- 5- 1. 7. The Granted 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 DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F 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: E7C6GC/ TJd&- ' r2L_ DP Date: CITY OF CA tHEL " Grantor") By: 6 James Brainard, Mayor 1/ 13/ 2001 ATTEST: L Date: 1/ 13/ 2021 If you have any question concerning the City of Carmel' s 2021 Arts Gram Prounem. grant writing, guidelines or application materials. contact. Sharon Kibbe, City of Camtel, One Civic square, Carmel. IN 46032. Phone! 317- 57I _ 483, akiIII& Qcarmel in eov. 4 DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F Exhibit " A" An Application and Description of the Proposed Use of the Grant Funds APPLICANT: Name of organization: or ra,D i A , g T.J c Address: / D 3 R pie . rry elephone: Far: ^-,, A Contact Person: JAMS i' Email: 4 PG r — APPLICATION AMOUNT: S% Ssr7 DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: Additional pages may be added to Exhibit - A-) 5 DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F EXHIBITA: PROPOSAL NARRATIVE Actors Theatre of Indiana November 9, 2020 OVERVIEW OF THE ORGANIZATION Please note that programs shown in bold type are either new or modified programs for ATI. In 2021, Actors Theatre of Indiana will be entering its sixteenth season of presenting Broadway musicals and stage plays, as well as Indiana theatre premieres. It will also be our tenth 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 are able, if necessary, to 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 in many ways a national theatre company. In 2019, ATI expanded its mission by adding an educational initiative to the organization. Unfortunately, the two individuals who we hired to lead this initiative were transferred to other parts of the country because of job and family commitments. At the same time this was happening, the Covid- 19 virus was spreading around the country. Because of these developments, we were forced to place the educational initiative in a temporary hiatus mode. We fully intend reinstitute the program as soon as life in the country gets back to normal. This tuition -based program will be for students from 14 to 18 years of age who are contemplating pursuing a career in theatre, both in front of the curtain as well as behind the curtain. The students will work with our professional team from first rehearsal through opening night and be exposed to all facets of theatre production. We received several grants from the Clay Township Trustee in 2020 to help grow this educational initiative. Also, in honor of our 15' season, we launched a new program entitled the " Actors Theatre of Indiana Lab Series". This program is committed to nurturing new plays by offering playwrights an intensive weekend of discussion and play development with a cast of professional actors and directors in a creative laboratory environment. Because of the virus situation in the country, we will be temporarily conducting this program in a virtual setting. Each play will have a reading and a talk -back session with ATI audiences, staff, cast and playwright. It is our belief that to be DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F considered a true theatre company in this community we need to offer playwrights an opportunity to bring their new works to the stage. COMMUNITY INVOLVEMENT Members of the Carmel Chamber of Commerce Members of the Hamilton County Convention & Visitors Bureau Participated and performed in the 2019 Carmel Fest parade 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 as well as the popular Christkindlmarkt On occasion we have performed a free summer concert series at Carmel City Center Performed our Cole Porter Revue at The Barrington' s grand opening Presented " An Evening with Frank Sinatra" at The Bridgewater Club 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 February of 2020 we presented, along with the Carmel Symphony Orchestra, two staged presentations of Sweeney Todd. These concerts were performed in The Palladium and were critically acclaimed and financially successful for both organizations. DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F EXHIBIT A PROPOSED USE OF 2021 CARMEL ARTS GRANT FUNDING Our focus has always been, and remains, to present professional 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 2019/ 2020 season subscriptions were 10% higher than they were for the 2018/ 2019 season so it is obvious that our audiences are enjoying and supporting our professional productions. Because of the current situation involving the Covid- 19 virus, it is unknown at this time whether we will be presenting a full or partial season of productions in the Studio Theatre in 2020/ 2021. We are prepared for both scenarios. During this difficult period, we have endeavored to remain visible and relevant not only to our patrons, but to the City of Carmel and our grantors and funders. From our Friday night Facebook Live presentations of From Our Home to Yours, to the live Drive -In Theatre Concerts at the Monon Square Shopping Center, we are striving to make live theatre relevant again in Carmel. And from all the positive feedback we are receiving from our patrons, I believe we are doing a very good job of bringing quality entertainment to Carmel. Additionally, we have explored the Streaming technology that is available today and our plan is to make streaming a major component of our presentations. We recently agreed to a partnership with TBD Theatricals for a Pay -Per -View airing of Charles Dickens classic, A Christmas Carol starring TONY Award Winner Jefferson Mays. Mr. Mays personally plays every role in this production. ATI will be one of approximately 20 theatre companies around the country that will be airing this production. Other than some local marketing costs, there are no cash outlays required for us to join this partnership. The production will be available for pay -per -viewing beginning November 28, 2020 through January 3, 2021. Part of the mission of TBD Theatricals is developing new works and fostering future generations of theatre audiences. The work done at ATI is a vital component in that process, which is why we are participating in this partnership. We are committed to the following organizational values: If necessary, we will continue to utilize professional talent from Indianapolis and around the country to enhance the quality of our productions. We will continue to invest wisely in our production values, including stage design, sound design, and lighting design. DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F Once the pandemic is over, we will strive to present four productions annually in the Studio Theatre. Depending on the costs of the productions, at least one of these productions will contain larger casts and popular name recognition. Once the pandemic is over, we will strive to grow and expand the educational component of the organization to include as many students as possible. We will grow the ATI Lab Series to provide opportunities for as many playwrights as possible to present their new works on the ATI stage in the Studio Theatre. We will continue to give back to the community by performing at local events at no charge. A few of the events are the Veterans Day Ceremony, the Lighting of the Tree at Christmas, Holiday in the Arts District, and the Carmel International Arts Festival. The Carmel Arts Grant enables us to proudly represent the City of Carmel as the Resident Professional Theatre Company at The Center for the Performing Arts. Because of previous Carmel Arts Grants, we have been able to continually upgrade our lighting, our production equipment, and the music and sound equipment that we use for our productions in the Studio Theatre. We purchased some of this equipment last year with proceeds from the Carmel Arts Grant. Quite simply, these new capital expenditures were prudent artistic additions, both fiscally and developmentally, and helped ATI to continue offering the professional stage productions that our community so richly deserves. However, because of the current pandemic, we have had to pivot and reimagine what a talented company like ATI can do to survive and grow in a difficult environment while at the same time remaining relevant and visible in the community. Because we have no access to the Studio Theatre, we need to convert a portion of our existing warehouse space into a virtual sound stage for online streaming performances. Here is a listing of the equipment that we would like to purchase with a portion of the proceeds from the 2021 Carmel Arts Grant: SOUND EQUIPMENT A digital " snake" to patch mic cables for musicians Digital Mixer to mix musicians and vocals for online livestream programs Band monitors Main speakers To mic the drums for performances Request for sound equipment - $6,200 LIGHTING EQUIPMENT Wireless ColorSource source relay receivers Low profile LED par lights Color dash lighting instruments ETC ColorSource PAR Request for lighting equipment - $ 8, 400 DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F Request for soft goods and rigging - $3, 500 Total Request to Turn a Portion of the ATI Warehouse into a Sound Stage - $ 18, 100 As in prior years, foundation grants, other governmental grants, individual donations, gifts of corporate stocks, 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 2018 and a Planned Giving initiative was implemented in 2019 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 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 size or to increase compensation. This practice will continue through 2021. We currently have four (4) full-time employees, each being paid an annual salary of $30,000 120, 000 annually). It has become increasingly obvious to the Board of Directors that if we were to lose any of our four full-time employees for any reason, 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 to identify sources of funding that can be utilized to pay for the increased salaries. Additionally, the Executive Director has made a request to the Board of Directors to create a succession plan in case the Executive Director or any of the Founders would choose to leave the organization for any reason. 2021 OPERATIONAL FUNDING REQUEST Total revenue per ATI' s 7/ 31/ 20 financial audit $ 767, 450 Grant award percentage guideline 33. 3% Grant Amount Requested $ 255, 000 DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F EXHIBIT B ACTORS THEATRE OF INDIANA OPERATING BUDGET FOR FISCAL YEAR ENDING JULY 31, 2021 INCOME Earned Income Admission/ Ticket Income 100, 000 Sponsorships 10,000 Other Income 10, 000 Contributed Income Individual/ Corporate Contributions 50,000 Foundation Support 50,000 Fundraising/ Special Events 10,000 Government Income Federal NEA 15, 000 State IAC 45, 000 city Carmel and HCCVB 240, 000 Total Cash Income In -Kind Goods and Services 50,000 TOTAL INCOME 580, 000 EXPENSES Production Production Personnel 150,000 Production Technical 100, 000 General & Administrative Executive Director 60, 000 Marketing/ Development Director 42, 000 Bookkeeper 15, 000 Grant Writer 15, 000 Auditing Firm 8, 000 Insurance 8, 000 Telephone and IT 15, 000 Advertising 30,000 Interest on LOC 1, 000 Studio Theatre Rent/ Occupancy 80,000 In Kind Goods and Services 50,000 TOTAL EXPENSES I I 574,000 DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F Mate of indialm office Of th.. S.ecretary of State cXHi T G CERTIOCATE Or NCORPORATTON of ACTORS THEATRE OF MDUNA, L`iC. I, TODD ROK_TA, SecTetar<j of Stara of India" hereby cer 0f that Articles of Ir_corpoTatiov of the arove Non -Profit Domestic Corporation ha•;e been prWented to me at my office, accompanied by the fees prescribed by lair and that the documentation presented conforms to law a; prescribed by the provisions of the Indiana INOUrglIt Corporation Act of 1991. iiO; ', TrIERFFORE, pri this document I c j tat Sid trz" ticn wu becomee,T: ctiye Friday, Nfarch 13, 2005. In Fitness WIntreoIhavecausedtobealMed my signat' are and the seal of the St` ta oflndima, at the Cirj of Indianapolis, 11farch 19, 2D05. TODD ROu" TA, SECRETARY OF STATE DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F INTERNAL REVENUE SERVICE P. 0. BOX 2508 CINCINNATI, OH 45201 JUN222005 Date: ACTORS THEATRE OF INDIANA INC C/ O DONALD M MEYER BOSE MCKINNEY & EVANS LLP 135 N PENNSYLVANIA ST INDIANAPOLIS, IN 46204 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 20- 2530124 DLN: 17053140022015 Contact Person: DOROTHY M LAWRENCE ID# 31450 Contact Telephone Number: 877) 829- 5500 Accounting Period Ending: DECEMBER 31 Public Charity Status: 170 ( b) ( 1) ( A) ( vi) Form 990 Required: YES Effective Date of Exemption: MARCH 18, 2005 Contribution Deductibility: YES Advance Ruling Ending Date:. DECEMBER 31, 2009 We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501( c)( 3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive or tax 2522 deductible of the bequests, Code. Because devises, this transfers letter could or gifts help resolve under section any questions 2055, 2106 regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501( c)( 3) of the Code are further classified as either public charities or private foundations. During your advance ruling period, begins ending date with you shown will the effective be in treated the heading date as of a public of your the exemption letter. charity. and Your ends advance with advance ruling period ruling Shortly 8734, Support before Schedule the end of for your Advance advance Ruling ruling Period. period, we will send you Form then the end notify of your you, advance in writing, ruling about period your to public return charity the You completed status. will have form. 90 days We will after Please see enclosed Information for Exempt Organizations Under Section organization. 501( c)( 3) for some helpful information about your responsibilities as an exempt Letter 1045 ( DO/ CG) DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F z- ACTORS THEATRE OF INDIANA INC power We have of sent attorney. a copy - of this letter to your representative as indicated in your Sincerely, L 3. d° Lois G. Lern4r Director, Exempt Organizations Rulings and Agreements Enclosures: Information for Organizations Exempt Under Section S01( c)( 3) Letter 104S ( DO/ CG) DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) AFFIDAVIT r 1, a^Aea- A- - r , Y . an authorized representative of 4-_ S(" Grantee"), being first duly sworn upon my oath, state that pursuant to paragraph 2 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 calendar year ending 2019 totaled S i ature rinted Name Subscribed and sworn to before me, the undersigned Notary Public, this day of NCN/ til 1Z 2020. eG Angela Renee Pacilio 1 Notary Public - state of Indiana Signature - otary Public Commission Number: ow8of AOa My Commission Expires: 11/ 23r2022'!, Printed Name "` lll L \ L i/ Resident of _ L IV County, Indiana My Commission Expires:_ / r, pl0ab DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F ACTORS THEATRE OF INDIANA INC. BALANCE SHEET ( FISCAL - AUG/ SEPT) As of September 30, 2020 TOTAL ASSETS Current Assets Bank Accounts 1002 United Fidelity Bank ( 1050) 34, 855. 20 1005 Special Events Account ( 1039) 1, 000. 00 1015 Business Savings ( 1701) 4, 494. 25 1040 Petty cash 0. 00 1050 In -Kind Clearing 0. 00 Total Bank Accounts 40.349. 45 Accounts Receivable 1100 Accounts Receivable 65, 880. 00) 1105 Ticket Sales Receivable 90, 747. 14 Total 1100 Accounts Receivable 24, 867. 14 1210 Pledges receivable 0. 00 1240 Grants receivable 16, 958, 00 Total Accounts Receivable 41, 825. 14 Other Current Assets 1299 Undeposited Funds 1, 350. 00 1310 Employee & trustee receivables 0. 19) 1320 Notesiloans receivables 0. 00 1445 Prepaid Insurance 4, 051. 42 1450 Prepaid expenses 267. 59 1455 Prepaid Royalties & Prod Exp 43, 255. 14 1460 Security Deposits 7, 342. 00 1580 Investments - other 0. 00 Total Other Current Assets 56 265 96 Total Current Assets 138, 440. 55 Fixed Assets 1630 Leasehold improvements 2, 120. 90 1640 Furniture, fixtures, & equip 34,513. 81 1645 Theatrical Lighting 8, 060. 00 1655 Theatrical Sound Equipment 13, 546. 17 1745 Accum Depreciation 28,421. 83) Total Fixed Assets 29,819.06 Other Assets 1999 Clearing Account 20. 00) Total Other Assets 20. 00) TOTAL ASSETS 168,239.60 Cash Basis Friday, October 23, 2020 03: 56 PM GMT- 04: 00 1/ 3 DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F ACTORS THEATRE OF INDIANA INC. BALANCE SHEET ( FISCAL - AUG/ SEPT) As of September 30, 2020 TOTAL LIABILITIES AND EQUITY Liabilities Current Liabilities Accounts Payable 2010 Accounts payable 0. 00 Total Accounts Payable $ 0. 00 Credit Cards 2055 Menards 628. 84 Total Credit Cards 628.84 Other Current Liabilities 2100 Payroll Liabilities 3, 977. 33 2105 Union Dues EE W/H 57. 39 2106 Union Initiation Fees 45. 00 2108 Deferred Payroll 0. 04) 2110 Accrued payroll 0. 00 2130 Accrued payroll taxes 0. 20 2150 Accrued expenses - other 0.00 2300 Deferred Revenue 0. 00 2305 Season Tickets 0.00 2310 Sponsorships 0. 00 2312 Underwriting 0. 00 2315 Gala Tickets 0. 00 2320 Education Programs 0. 00 2325 Special Performances 0. 00 Total 2300 Deferred Revenue 0. 00 2550 Loan payable 0. 00 2565 Agent Fees Payable 133. 95 2570 Short- term liabilities - other 0. 00 2620 Line of Credit - United Fidelity 45, 000. 00 Total Other Current Liabilities 49,213.83 Total Current Liabilities 49,842.67 Long -Term Liabilities 2770 Long- term liabilities - other 29, 000. 00 2810 Employee Payable 0. 00 2910 Private Loan 33, 000. 00 Total Long -Term Liabilities 62, 000. 00 Total Liabilities 111, 842. 67 Cash Basis Friday, October 23. 2020 03: 56 PM GMT- 04: 00 2/ 3 DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F ACTORS THEATRE OF INDIANA INC. BALANCE SHEET (FISCAL - AUG/SEPT) As of September 30, 2020 TOTAL Equity 3001 Opening Bal Equity 0. 00 3010 Unrestrict ( retained earnings) 45, 407. 11 Retained Earnings 0. 00 Net Income 10, 989. 82 Total Equity 56,396.93 TOTAL LIABILITIES AND EQUITY 168,239. 60 Cash Basis Friday, October 23, 2020 03: 56 PM GMT- 04: 00 3/ 3 DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F ACTORS THEATRE OF INDIANA INC. PROFIT AND LOSS - CALENDAR QUARTER 3 July - September, 2020 TOTAL Income 4000 ATI Ticket Sales 4001 Single Ticket Sales 16, 999. 22 Total 4000 ATI Ticket Sales 16, 999. 22 4010 Indiv/ business contribution 4011 Individual Donations 13, 112. 91 4012 Corporate Donations 750. 00 Total 4010 Indiv/ business contribution 13, 862.91 4015 Sponsorships 4016 Show Sponsorships 2, 000. 00 4017 Season Sponsor 10, 000. 00 Total 4015 Sponsorships 12, 000. 00 4040 Special Events Income 4, 701. 99 4110 Donated pro services - GAAP 4, 263. 00 4150 Donated use of facilities 8, 068. 14 4210 Corporate/ business grants 2, 500. 00 4230 Foundation/ trust grants 35, 000. 00 4250 Nonprofit organization grants 1, 000. 00 4305 Program Advertising 2, 075. 00 4530 State grants 8, 799.84 5000 Earned revenues 5490 Miscellaneous revenue 596, 00 Total NO Earned revenues 596. 00 5820 Fundraising 3, 000. 00 Total Income 112, 866. 10 Cost of Goods Sold 7000 Production Salaries & related expenses 7020 Salaries & Wages 26, 459. 56 7050 Payroll Tax 122. 40 7061 Equity League Health 8. 00 Total 7000 Production Salaries & related expenses 26, 589.96 7100 Contracted Production Staff 7115 Music Dir/Accomp/ Conductor 1, 500. 00 7120 Musicians 1, 000. 00 7125 Scenic Designer/ Carpenter 500. 00 7135 Sound Designer/ Audio Engineer 500. 00 7140 Lighting Designer/ Master Electrician 500. 00 7145 Photographer 2,200. 00 Total 7100 Contracted Production Staff 6, 200. 00 Cash Basis Friday, October 23, 2020 03: 53 PM GMT- 04: 00 1/ 3 DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F ACTORS THEATRE OF INDIANA INC. PROFIT AND LOSS - CALENDAR QUARTER 3 July - September, 2020 TOTAL 7200 Other Production Costs 7208 Equipment Purchases 3, 628. 37 7210 Equipment Rental 328. 49 7231 Artistic Expenses 900. 00 7235 Royalties/ Scrlpts 736. 41 7245 Misc Production Costs 5, 367. 53 Total 7200 Other Production Costs 10,960. 80 Total Cost of Goods Sold 43,750. 78 GROSS PROFIT 69, 115. 34 Expenses 7300 Salaries & related expenses 7320 Salaries & Wages 8, 076. 88 7350 Payroll taxes 2, 655. 78 7351 SUI 11. 20 Total 7350 Payroll taxes 2, 666. 98 Total 7300 Salaries & related expenses 10, 743. 86 7400 Advertising & Marketing 7410 Electronic Media 840. 00 7415 Graphic Design 1, 357. 51 Total 7400 Advertising & Marketing 2, 197. 51 7500 Legal & Professional Fees 7505 Payroll Fees 813. 75 7520 Accounting fees 3, 635. 00 7540 Professional fees - other 3, 211. 25 7580 Donated pro services - GAAP 2, 163. 00 Total 7500 Legal & Professional Fees 9, 823. 00 8100 Non -personnel expenses 8110 Supplies 248. 93 8130 Telephone & Internet 2, 269. 48 8140 Postage, shipping, delivery 98. 70 8160 Equip rental & maintenance 623. 37 8170 Printing & copying 1, 095.87 8180 Books, subscriptions, reference 479. 50 Total 8100 Non -personnel expenses 4, 815.85 8200 Occupancy expenses . 8210 Rent, parking, other occupancy 14, 808. 50 8280 Donated facilities - GAAP 8, 068. 14 Total 8200 Occupancy expenses 22, 876. 64 Cash Basis Friday, October 23, 2020 03: 53 PM GMT-04: 00 213 DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F ACTORS THEATRE OF INDIANA INC. PROFIT AND LOSS - CALENDAR QUARTER 3 July - September, 2020 TOTAL 8300 Travel & meetings expenses 8305 Meals/ Entertainment 73. 07 Total 8300 Travel & meetings expenses 73. 07 8500 Misc expenses 8505 Credit Card Fees 2, 554. 79 8510 Interest expense 4 8515 Bank Fees 25..00 8520 Business Insurance 3, 187. 62 8540 Staff/ Board development 64. 19 8560 Outside Computer Services 2, 243. 55 8565 IT Subscriptions 2, 564. 45 Total 8560 Outside Computer Services 4, 808. 00 8570 Advertising & Marketing 10.500. 00 8590 Other expenses 1. 25 Total 8500 Miso expenses 21, 638. 37 8600 Business expenses 8610 Bad debt expense 3, 371, 00 Total 8600 Business expenses 3, 371. 00 Total Expenses 76,539. 30 NET OPERATING INCOME 6, 423, 96) NET INCOME Cash Basis Friday, October 23, 2020 03: 53 PM GMT- 04: 00 3/ 3 DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F F Form 990 Department of the Treasury Internal Revenue Service A For the 2018 cal Return of Organization Exempt From Income Tax Under section 501( c), 527, or 4947( a)( 1) of the Internal Revenue Code ( except private foundations) Do not enter social security numbers on this form as it maybe made public. andendina 07/ 31/ 1 B Check if applicable: G Name of organization D Employer Identification number Address change Actors Theatre of Indiana, Inc. Name change 2 0 - 2 5 3 012 4 Doing business as El Number and street ( or P. O. ,, ail isrot delivered to street address) Room/ suite E Telephone number Initial return 510 3rd Avenue Uo Sw, Suite D 317- 669- 1861 Final return/ City or town, state or province, country, and ZIP or foreign postal code , terminated Carmel IN 46032 Amended velum G Grossrecei ts$ 780, 563 F Name and address of principal officer: Application pending Jim Reilly B( a) Is this a group return for subordinates? Yes X No I Carmel 510 3rd Ave Sw, Suite D IN 46032 HM) Are IfWo,all subordinates ' attach a list.included? ( sea instructions) Yes No I Tax- exempt status: X 501( c) 3 501( c) 4( insen noJ 4947a( 7) or 527 J Webmte: WNW. ati stacre. or H( c) Group exemption number K Form of aranizalion: X Co ratter Trust AssociatOn Other L Year of formatter: 2005 M Stale Of legal domicile: IN Part [ Summa 1 Briefly describe the organization's mission or most significant activities: ative ...... ortun ....iti......es ... ..an.........d . ...I ...... ....... ........ g cre Advance theatre as art form to by proidin an vopp artists. guidance m 0 2 Check this box if the organization discontinued Its operationsordisposedofmorethan25% of its0rb net assets. N3umber of voting members of the governing body (Part VI, line ta) 3 10 m a............................... 4 Number independent of voting members of the governing body (Part VI, line 1b) 4 10 5 5 Total number of individuals employed in calendar year 2018 (Part V, line 2a) 5 6 6 Total number of volunteers ( estimate if necessary) ..6 ..............15 7a Total unrelated business revenue from Part VIII, column (C)line , 12 7a 0 b Net unrelated business taxable income from Form 990-Tline38.7b ....0 ..Prior ....Year ........................................ Current Year 08 Contributions and grants ( Part VIII, line 1h) 451 031 512, 352 a 9 Program servicerevenue ( Part Vill, line2g) 328,764 260, 050 0 10 Investment income ( Part VIII, column (A)lines , 3, 4, and 7d) 3 3 3 11 Other revenue( PartVlll, column( A)lines , 5, 6d, 8c, 9c, 10c, and lie) . 11, .....095 .......6,... 166 12 Total revenue - add lines8throu h11 mustequal Part Vill, column A, line 12 790, .....910 ...... 778, 235 13 Grants and similar amounts paid ( Part IX, column (A)lines , 1-3) 0 ..........14 ....Benefits ......paid ..to ....... or for members ( Part IX, column ( A)line , 4) 0 .w ....15 ..Salaries, ..other .......................... compensation, employee benefits ( Part IX, column (A)lines , 5-10) 465, 3861 326, 345 16a Professional fundraising fees ( Part IX, column (A)line , e) Il 0 y a Total b fundraising expenses Part ( IX, column (D)line , 25) 25, 966 xs'.:: fo.aa? ACTORS THEATRE OF INDIANA EXHIBIT F BOARD OF TRUSTEES ( as of 11/ 15/ 2020) JOHN TERRY- PRESIDENT CTG LAW CARMEL, IN 46032—- 317- 902- 1113( M) Current term expires on December 31, 2020— iterrv@ctalaw. com DANIEL MCFEELY - VICE PRESIDENT t OWNER, WRITER, DAN MCFEELY COMMUNICATIONS CARMEL, IN 46032 I 317- 847- 9266 ( M)— Current term expires on December 31, 2022 danmcfeelvink@amaii. com I MELISSA VOLZ- SMITH - SECRETARY UNITED FIDELITY BANK r CARMEL, IN 46032 T- 317- 550- 8868 ( M) 1 Current term expires on December 31, 2022 melissa. volz- smith@unitedfidelitv. com DILL ZANIKER I I j~ i I THE JEFF ZANIKER MEMORIAL FOUNDATION FOR THE ARTS CARMEL, IN 46032 317- 258- 5455 ( M) Current term expires on December 31, 2021 iillzaniker@hotmail. com E. DAVIS COOTS COOTS HENKE & WHEELER CARMEL, IN 46032 317- 840- 9898 ( M) Current term expires on December 31, 2020 dcoots@chwlaw. com I DR. JOSEPH FITZGERALD INDIANA UNIVERSITY HEALTH INDIANAPOLIS, IN 4 2202 317- 809- 0071( M) Current term expires on December 31, 2020 ifitzeel@iuoui. edu DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F AMY PAUSZEK FILM PRODUCER/ PHOTOGRAPHER CARMEL, IN 46032 317- 625- 3451( M) Current term expires on December 31, 2020 - aepawsl@comcast. ne CHRISTINE REPPERT t RETIRED FROM BRIDGESTONE AMERICAS, INC. INDIANAPOLIS, IN- 317- 730- 1964( M)-- Current term expires on December l2 31, christinecreppertl7@amail. com - ATTORNEY,RILEY PARR -- - — - - R I _ SHERIDAN, IN 46069 317- 519- 9640 ( M) — Current term ex p Tres o n December 31, 2022 I I ' L_EZLIE M. HEATH R-- - — RETIRED TEACHER/ COMMUNITY VOLUNTEER — CARMEL, IN 46032 I 317- 443- 4628 ( M) Current term expires on December 31, 2022 KATHY GUIDER VICE PRESIDENT, VERACITY IIR CARMEL, IN 46032 317- 366- 2325 ( M) Current term expires on December 31, 2022 KELLI PRADER PROJECT MANAGER -CITY OF CARMEL CARMEL, IN 46032 317- 748- 3920( H) Current term expires on December 31, 2022 DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F EXHIBIT G ACTORS THEATRE OF INDIANA YEAR- END REPORT 2020 ARTS GRANT FROM THE CITY OF CARMEL In January of 2020, Actors Theatre of Indiana was awarded an arts grant from the City of Carmel in the amount of $240,000. Listed below is a summarization of the programs that were funded by this grant and the effect those programs had in the Carmel community. In an increasingly difficult economic climate for arts organizations, families have many choices as to how they spend their disposable dollars. Carmel is blessed to have a plethora of arts organizations, as well as a high school theater department that is second to none in the country. AT[ needs to stand above the crowd with the genius and creativity of our marketing efforts, including the use of social media. Because of this, in May of 20181 retained the services of Meg and Associates to handle our entire marketing effort. The results of this change in our marketing strategy have been remarkable. The decision to retain Meg Osborne was made possible by using the proceeds from the Carmel Arts Grant. Additionally, we expanded the role of Meg and Associates in July of 2019 to include all fund raising and development activities for the ATI organization. If not for the Carmel Arts Grant, our marketing and development efforts would not be at the level that they are now. Because of size restraints in the Studio Theatre, we are unable to present many of the larger Broadway musical productions that the Carmel community would enjoy. Therefore, we need to be creative in the productions that we do present. Unlike community theatres who don' t pay their actors and because we are a professional equity company, we utilized the Carmel Arts Grant to improve the salaries we pay to the technical people we hire for our performances. Professional fees for sound design, lighting design, wardrobe design, and scenic design have all been upgraded and the results can be seen in the overall quality of our productions. We also continued our strategy of continually upgrading our lighting and sound equipment. We take our roll as one of Carmel' s economic generators at The Center for the Performing Arts very seriously. When the Covid- 19 virus pandemic is finally over, we will be poised to resume our productions almost immediately. A very large portion of the 2020 Carmel Arts Grant was used to pay down outstanding debts to those vendors who graciously allow us every year to make minimum or no payments on our debt until the Grant check arrives. This list of vendors would include Printing Partners and Current Publishing, along with several other much smaller vendors. Without their generosity, I doubt if we would have been able to survive. Additionally, to help get us financially through last year, several board members, along with our Executive Director, made sizeable loans to the organization. Everyone was repaid thanks to the Carmel Grant. Because the 2020 Carmel Arts Grant of $240, 000 was used almost entirely to eliminate outstanding debt of the organization, no money from the 2020 Grant is available to be carried forward to be used in 2021. DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F And finally, as I mentioned in Exhibit A, not one dollar of any Carmel Arts Grant has ever been used to increase the compensation of the three Founders or the Executive Director. However, you will notice in our 2020 operating budget on Exhibit B, the salary of the Executive Director is shown at $60, 000. Obviously, there is no guarantee that this will occur. This was done in the hope that the board of Directors will find funding sources to raise overall staff compensation to realistic levels for the Executive Director as well as the three founders of ATI based on existing compensation research data. A $ 30,000 annual salary, which is what all four AT[ employees are currently being paid, is simply not realistic in today' s economic environment. DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F iox::`O$ s2" i5••^g'yo:: e".':: a' ga u':0. ;$.`.' 1 2 L<r' " Sc:°,17 ! Other expenses ( Part IX, column ( A)lines , lla-11d, 11f-24e) 351, 696 381, 979 18 Total expenses. Add lines 13- 17 (must equal Part IX, column ( A)line , 25) 817 .., .0821 ..........708, .... 324 19 Revenue less expenses. Subtract line 18 from line 12 2 ..6 . 172 , ..69, ..911 ..... ....... .......... Nu Beginning of Current Year End of Year 20 Total assets ( Part X, line 16) 112, 981 14 5 7 , 7 8 am 21 Total liabilities ( Part X, line 26) 222, 305 185, 191 22 Net assets or fund balances. Subtract line 21 from line 20.10 ..9 .., 3 ...2 ..4 ........................... Under penalties of perjury. I declare that I have examined this return, including accompanying schedules and statements, andtothebestofmyknowledgeandbelief, it is rue, correct. and complete. Declaration of preparer ( other than officer) is based on all mfnrmation of which nr,n,rlr hl, 4nn...,,, .lnd_. _ SignJRRobert Signature of officer Date HereJimReilly Executive Director Type or print name and line lfype preparers name Preparer' s signature Date Check if PTIN Paid K. Brinkers, CPA Robert K. Brinkers, CPA 01/ 17/ 20 self- employed p00409428 Preparesname Alerdin 0 CPA Group Firm' EIN0 s 35- 2043580 Use Only 4181 E 96th St Ste 180 Firm' s address 0, Indiana olis, IN 46240 Phone no, 317- 569- 4181 May the IRS discuss this return with the preparer shown above? see ( Instructions) _ XYesNo For Paperwork Reduction Act Notice, see the separate instructions. Form 990 (2018) D DocuSign Envelope ID: AEF88DE6-E12A-4394-AE83-A1C012CE171F