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HomeMy WebLinkAboutResolution_BPW_01-19-22-03_Arts Grant_213600.00_Actors Theatre of IndianaRESOLUTION NO. BPW 01-19-22-03 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING ARTS GRANT PROGRAM AGREEMENT 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’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, 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’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt ofthe Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2022. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2022\\Acknowledge ArtsGrant ActorsTheatre ofIndiana Inc.docx1/7/202212:56PM DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 19th January 1/19/2022 1/19/2022 1/19/2022 1/19/2022 y?rBv soo ARTS GRANT PROGRAM AGREEMENT This Grant Agreement (herein referred to as "Agreement") entered into by and between the City of Carmel (the "City") and }G E f pF ,e ,i(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: I_ That on behalf of Grantee, a not -for -profit corporation, I _ L an authorized representative of Grantee, have applied for a City of armel 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 $ 213,600.00 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. 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: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 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: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 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 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 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 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: r 7)1ava [-.u. t"Grantee") Signature) P rid Name of Officer: nn=_ _ c Title: _Ct A, Date: / '60 Z T — CITY OF CARM/E L ("Grantor") James Brainard, Mayor Date: 12/29/2021 ATTEST: Date: 12/29/2021 If you have any question concerning the City of Camel's 2020 Ms Grant Program, grant writing, guidelines or application materials, contact: Sharon Kibbe, City of Cannel, One Civic Square, Cannel, IN 46032, Phone: 317-571-2483, skibbe(ricarmel.in.¢ov. 4 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF Exhibit "A" An Application and Description of the Proposed Use of the Grant Funds APPLICANT: APPLICATION AMOUNT:$ 240,000.00 DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: Please see attached. Additional pages may be added to Exhibit "A") By: Printed Name of Officer. q- ate-,+ DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF ADDENDUM ADDED TO EXHIBIT "A" OF THE 2022 CARMEL ARTS APPLICATION Based on the formula of using 33 1/3% of the previous year's revenue to calculate the grant amount requested, Actors Theatre of Indiana would normally request a Carmel Arts Grant award of $198,100 for 2022 based on total revenue of $594,845. The 2021 Arts Grant Award for ATI was $240,000 which was based on revenue of $767,450. The shut down of arts organizations had an extremely negative effect on earned revenue for last season. Because of these reasons, I was hesitant to include a dollar amount on the Exhibit A cover sheet. Jim Reilly Executive Director Actors Theatre of Indiana DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF EXHIBIT A: PROPOSAL NARRATIVE Actors Theatre of Indiana November 15, 2021 OVERVIEW OF THE ORGANIZATION Please note that programs shown in bold type are either new or modified programs for ATI. In 2022, Actors Theatre of Indiana will be entering its seventeenth season of presenting Broadway musicals and stage plays, as well as Indiana theatre premieres. It will also be our eleventh 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 regional theatre company. In the fall of 2021, ATI entered into an agreement with the Hotel Carmichael to present professional cabaret -style performances inside the hotel at the Feinstein Cabaret. Once a month, either the ATI founders or entertainers chosen by ATI will perform on stage at the Feinstein Cabaret. These performances have become extremely popular with the public as well as the hotel's guests. Beginning in December of 2021, the founders of ATI will be presenting two performances of their Christmas production in the Feinstein Cabaret. 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 our educational initiatives as soon as the country sufficiently recovers from the effects of the COVID virus. 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. DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF Also, in honor of our 1511 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. 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 considered a true professional 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 2021 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: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF EXHIBIT A PROPOSED USE OF 2022 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, thereby reducing our advertising costs. We entered the 2021/2022 season with a strong expectation that we would be presenting a full slate of four main stage productions. Nothing has transpired in the country through Thanksgiving that would alter our thinking. While the number of people attending our performances is noticeably smaller than before the pandemic, we are very encouraged by the overall enthusiasm exhibited by the audiences. Quite frankly, all arts organizations in the country are experiencing problems with the number of patrons filling the seats. During the difficult period we all have gone through, we 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, to our musical presentations at the Feintsein Cabaret, we have always strived to make live theatre relevant in Carmel. And from all the positive feedback we receive from our patrons, I believe we are doing a very good job of bringing quality, professional entertainment to Carmel. 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. We will continually strive to present four main stage 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. 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. DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 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. HERE IS A LISTING OF THE EQUIPMENT THAT WE WOULD LIKE TO PURCHASE WITH A PORTION OF THE PROCEEDS FROM THE 2022 CARMEL ARTS GRANT: One (1) Table Saw, Cabinet Stand Type, 10 inch diameter blade, Max Blade Speed 4,000 RPM Cost - $7,200 Three (3) Dewait Cordless Drills Cost - $700 Ten (10) Actor Microphone Elements Cost - $2,000 Seven (7) Drum Kit Microphone Package Cost - $1,000 One (1) Sliding Miter Saw — Sliding Compound Miter Saw with Rolling Stand Cost - $700 TOTAL BUDGET REQUEST FOR NEW EQUIPMENT - $11,600 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. DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 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 2022. We currently have four (4) full-time employees, each being paid an annual salary of $30,000. 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. 2022 OPERATIONAL FUNDING REQUEST Total revenue per ATI's 7/31/21 financial audit $594,845 Grant award percentage guideline 33.3% Grant Amount Per Guideline $198,100 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF EXHIBIT B j ACTORS THEATRE OF INDIANA OPERATING BUDGET FOR FISCAL YEAR ENDING JULY 31, 2022 INCOME Earned Income Admission/Ticket Income 150,000 Sponsorships 25,000 Other Income 10,000 Contributed Income Individual/Corporate Contributions 50,000 Foundation Support 85,000 Fundraising/Special Events 10,000 Government Income Federal NEA 15,000 State IAC 30,000 City Carmel and HCCVB 240,000 Total Cash Income 615,000 In -Kind Goods and Services 35,000 TOTAL INCOME 650,000 EXPENSES Production Expenses Production Personnel 200,000 Production Costs 100,000 General & Administrative Expenses Executive Director (Projected) 60,000 Marketing/Development Director 45,000 Bookkeeper/Grant Writer 30,000 Accounting Firm 10,000 Insurance F 1 10,000 Travel & Entertainment 1,000 Telephone and IT 10,000 Advertising 50,000 Interest & Bank Card Fees 2,000 Rent & Occupancy Costs 100,000 In Kind Goods & Services 35,000 TOTAL EXPENSES 653,000 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF State of Indiana Office of the Secretary of State CERTIFICATE OF INCORPORATION of ACTORS THEATRE OF INDIANA, INC. I, TODD ROIOTA, Secretary of State of Indiana, hereby certify that Articles of Incorporation of the above Non -Profit Domestic Corporation have been presented to me at my office, accompanied by the fees prescribed by law and that the documentation presented conforms to law as prescribed by the provisions of the Indiana Nonprofit Corporation Act of 1991. NOW, THEREFORE, with this document I certify that said transaction will become effective Friday, March 18, 2005. In Witness Whereof, I have caused to be affixed my signature and the seal of the State of Indiana, at the City of Indianapolis, March 18, 2005. TODD ROKiTA, SECRETARY OF STATE 2005031800331 / 2005031862490 r. _ DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF r i •'. z?'r ARTICLES OF INCORPORATION it OF ACTORS THEATRE OF INDIANA, INC. rN0.5 GP..-+PA The undersigned incorporator, desiring to form a nonprofit corporation (hereinafter referred to as the "Corporation"), pursuant to the provisions ofthe Indiana Nonprofit Corporation Act of I991 hereinafter referred to as the "Act"), executes the following Articles of Incorporation: ARTICLE I Name; Type of Corporation The name of the Corporation is Actors Theatre of Indiana, Inc. The Corporation is a public benefit corporation. ARTICLE 11 Purposes and Powers Section 2.1. Purposes. The Corporation is formed to: a) Encourage participation in the theatre through the organization of instructional classes, lectures, workshops, and theatrical productions; and b) Transact any and all lawful business for which nonprofit corporations may be incorporated under the Act. Section 2.2. Nonprofit Purposes. a) The Corporation is organized to operate exclusively for the charitable purposes established in this Article H. Contributions received by the Corporation will either be used directly to satisfy these purposes or will be invested with the income generated therefrom used to carry out the Corporation's charitable purposes. b) No substantial part of the activities ofthe Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of any candidate for public office,. c) Notwithstanding any other provision of these Articles of Incorporation, the Corporation shall not carry on any other activities not permitted to be carried on: DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF i) By a corporation exempt from Federal income tax under Section 501(cx3) ofthe Internal Revenue Code of 1986 (the "Code"), or corresponding provisions of any subsequent Federal Tax laws, or ii) By a corporation, contributions to which are deductible under Section 170(c)(1) or (2) or Section 2522(a)(1) or (2) of the Code, or corresponding provisions of any subsequent Federal tax laws. Section 2.3. Powers. Subject to any limitation or restriction imposed by the Act, any other law, or any other provision of these Articles of Incorporation, the Corporation shall have the power: a) To do everything necessary, advisable or convenient for the accomplishment of any of the purposes hereinbefore set forth, or which shall at any time appear conducive to or expedient for the protection or benefit of the Corporation and to do all ofthe things incidental thereto or connected therewith which are not forbidden by law; and b) To have, exercise and enjoy in furtherance of the purposes hereinbefore set forth all the general ri ghts, privileges and powers granted to corporations by the Act, as now existing or hereafter amended, and by the common law. Section 2.4. Limitation Upon Dissolution. Upon the dissolution of the Corporation, the Board of Directors shall, after paying or making provision for the payment of all the liabilities ofthe Corporation and returning grants, if any, owing to the State of Indiana, dispose of all assets of the Corporation exclusively for the purposes of the Corporation in such a manner, or to such organization(s) organized and operated exclusively for charitable, educational or scientific purposes as shad at the time qualify as an exempt organization(s) under Code Section 501(c)(3), or corresponding provisions of any subsequent federal tax law, as the Board of Directors shall determine. ARTICLE III Period of Existence The period during which the Corporation shall continue is perpetual. ARTICLE iV Registered Agent and Registered Office The name and address of the Registered Agent and Registered Office are Catherine F. Duclos, 5145 N. Pennsylvania Street, Indianapolis, Indiana 46205. 2- DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF ARTICLE V Membership The Corporation shall have no members. Instead, the members of the Board of Directors of the Corporation shall act on behalf of the Corporation. ARTICLE VI Directors Section 6.1. Number of Directors. The initial number of Directors is four (4). Thereafter, the number of Directors of the Corporation and their election shall be fixed by the Code of By -Laws of the Corporation, but in no event shall the number be more than fifteen (15) or less than four (4). Section 6.2. Names and Post Office Addresses ofthe Directors. The names and post office addresses of the initial Board of Directors are: Name Address, State, Zip Code Catherine F. Duclos 5145 N. Pennsylvania Street, Indianapolis, IN 46205 Donald Farrell 5145 N. Pennsylvania Street, Indianapolis, IN 46205 Cynthia Collins 5145 N. Pennsylvania Street, Indianapolis, IN 46205 Judith D. Fitzgerald 5145 N. Pennsylvania Street, Indianapolis, IN 46205 Section 6.3. Terms of Directors. Directors of the Corporation shall be elected for such terms as may be fixed by the Code ofBy-Laws ofthe Corporation and shall, if the By -Laws shall so providg, be divided into as many groups whose terms of office expire at different times as the By -Laws shall provide. Section 6.4. Removal of Directors. Any or all members of the Board of Directors of the Corporation may be removed at any time with or without cause by a vote of the majority of all the members of the Board of Directors held during any meeting of the Board of Directors called expressly for that purpose. ARTICLE VII Incorporator The name and post office address of the incorporator of the Corporation are Catherine F. Duclos, 5145 N. Pennsylvania Street, Indianapolis, Indiana 46205. 3- DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF ARUCLE'VM Provisions for the Regulation and Conduct of the Affairs of the Corporation Other provisions, consistent with the laws ofthis state, for the regulation and conduct of the affairs of the Corporation, and creating, defining, limiting or regulating the powers of the Corporation or the Directors are as follows: Section 8.1. Indemnification. a) The Corporation shall indemnify any person as of right who is or was a director, officer, employee, or agent of this Corporation, or is or was serving as a director, officer, employee, or agent of another corporation, partnership, or other enterprise at the request of the Corporation, against expenses (including attorneys' fees), judgments, fines, penalties, and amounts paid in settlement reasonably incurred by such person, to the fullest extent now or hereafter permitted by law, in connection with or resulting from any claim, action, suit, or proceeding (whether actual or threatened, civil, criminal, administrative, or investigative, or in connection with an appeal relating thereto), in which such person may be involved as a party or otherwise by reason of being or having been a director, officer, employee, or agent of the Corporation or of such other organization; provided, such person acted in good faith ,and in a manner he reasonably believed to be in or not opposed to the best interests of the Corporation, and, with respect to any criminal action or proceeding, in a manner which he had no reasonable cause to believe was unlawful. The termination of any claim, action, suit or proceeding by judgment, order, settlement (whether with or without court approval), conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believ9d to be in, or not opposed to, the best interests of the Corporation, and, with respect to any criminal action, suit, or proceeding, in a manner which he had reasonable cause to believe was unlawful. b) Any director, officer or employee of the Corporation who has been successful as a party on the merits or otherwise in his defense of any claim, action, suit, or proceeding referred to in the first sentence of Section 8.1(a) shall be indemnified as of right against expenses (including attorneys' fees) reasonably incurred by him in connection therewith (except to the extent covered by insurance). c) Except as provided in Section 8.1(b) above, any indemnification under Section 8.1(a) shall be made by the Corporation only upon a determination that indemnification of the particular director, officer, employee, or agent is proper in the circumstances because such person has met the applicable standards of conduct set forth in Section 8.1(a). Such determination shall be made (i) by the Board of Directors of the Corporation by a majority vote of a quorum consisting of members of the board ofdirectors who were not parties to such claim, action, suit, or proceeding, or ii) if such a quorum is not obtainable or if so directed by a majority vote of a quorum consisting of CL' DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF members of the Board ofDirectors who were not parties to such claim, action, suit, or proceeding, by independent legal counsel (who may be regular counsel of the Corporation or other disinterested person(s), such counsel or person(s) being hereafter called the "referee") in a written opinion. The person claiming indemnification shall, if requested, appear before the referee and answer questions which the referee deems relevant and shall be given ample opportunity to present to the referee evidence upon which he relies for indemnification. The Corporation shall, at the request of the referee, make available facts, opinions or other evidence in any way relevant to the referee's findings which are within the possession or control of the Corporation. d) The indemnification provided by this Section 8.1 shall not be deemed exclusive of any other rights to which a director, officer, employee, or agent may be entitled under any by-law, resolution, agreement, or otherwise, and shall continue as to a person who has ceased to be a director, officer, employee, or agent of the Corporation, and shall inure to the benefit of the heirs, executors and administrators of such a person. The indemnification provided by this Section 8.1 shall be applicable to claims, actions, suits, or proceedings made or commenced after the adoption hereof, arising from acts or omissions to act occurring whether before or after the adoption hereof. e) This Corporation shall have power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent ofthe Corporation, or who is or was serving at the request ofthe Corporation as a director, officer, employee or agent ofanother corporation, partnership, joint venture, trust or other enterprise against any liability asserted against such person and incurred by him in any such capacity, or arising out of his status as such, whether or not the Corporation would have the power to indemnify him against such liability under the provisions of this Section 8.1, together with expenses actually and reasonably incurred by him in connection with his defense thereof; provided that when and to the extent that the Corporation has purchased and maintained such insurance, it shall have no duty under this Section S. I to indemnify any such person to the extent such liability is covered by such insurance. Section 8.2. Restriction Upon Acceptance of Gifts. No gifts or other contributions to the Corporation shall be accepted by the Corporation if the use or expenditure of such gift or other contribution is subject to any condition which is inconsistent with the purposes ofthe Corporation as stated herein. Section 8.3. Interest of Directors in Contracts. Any contract or other transaction between the Corporation and one or more of its Directors, or between the Corporation and any firm of which one or more of its Directors are members or employees, or in which they are interested, or between the Corporation and any corporation or association of which one or more of its Directors are shareholders, members, directors or employees, or in which they are interested, shall be valid for all purposes, notwithstanding the presence of such Director or Directors at the meeting ofthe Board of Directors of the Corporation which acts upon or in reference to such contract or transaction, and notwithstanding such Director's participation in such action, if the fact of such interest shall be disclosed or known to the Board of Directors and the Board of Directors shall, nevertheless, authorize, approve and ratify such contract or transaction by a vote of a majority of the Directors 5- DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF present, such interested Director or Directors to be counted in determining whether a quorum is present, but not to be counted in calculating the majority of such quorum necessary to carry such vote; provided, however, that such contract or transaction shall be atarms length and notviolative of the proscriptions of these Articles against the Corporation's use or application of its funds for private benefit. Section 8.4. Net Eanrings. No part ofthe net earnings of the Corporation shall inure to the benefit of, or be distributed to, its directors, officers, or other private individuals. Section 8.5. Private Foundation. If at any time it is determined by the Internal Revenue Service that the Corporation is a private foundation within the meaning of Code Section 509(a) (or the corresponding provision of any future United States revenue law), the Corporation shall also be subject to the requirements set forth below in this Section. a) Distribution of Income. The Corporation shall distribute its income each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by Code Section 4942, or corresponding provisions of any subsequent federal tax law. b) Self -Dealing. The Corporation shall not engage in any act of self -dealing as defined in Code Section 4941(d), or corresponding provisions of any subsequent federal tax law. c) Excess Business Holdings. The Corporation shall not retain any excess business holdings as defined in Code Section 4943(c), or corresponding provisions of any subsequent federal tax laws. d) Investments jeopardizing Charitable Purpose. The Corporation shall not make any intieslments in such manner as to subject it to tax under Code Section 4944, or corresponding provisions of any subsequent federal tax laws. e) Taxable Ex r ditures. The Corporation shall not make any taxable expenditures as defined in Code Section 4945(d), or corresponding provisions of any subsequent federal tax law. Section 8.6. Not -for -Profit Status. Notwithstanding any contrary provisions contained herein, the Board ofDirectora shall not have the power or authority to do any act that will prevent the Corporation from being an organization described in Code Section 501(c)(3) or corresponding provisions ofany subsequent federal tax laws. 0 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF IN WITNESS WHEREOF, the undersigned hereby execute these Articles of Incorporation as of this clay of March, 2005. Catherine F. Duclos 6W38 7- DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OE 45201 Date: JUN22 2W5 ACTORS THEATRE OF-INDIANA INC C/O DONALD M MEYER HOSE 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: DOROTEY: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 taxexemptstatuswehavedeterminedthatyouareexemptfromFederalincome taxundersection501(c)(3) of the Internal Revenue Code. Contributions to you aredeductibleundersection170oftheCode. You are also qualified to receivetaxdeductiblebequests, devises, transfers or gifts under section 2055, 2106or2522-of.the Code. Because this letter could help resolve any questionsregardingyourexemptstatus, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classifiedaseitherpubliccharitiesorprivatefoundations. During your advance ruling period, you will be treated as a public charity. Your advance ruling period beginswiththeeffectivedateofyourexemptionandendswithadvancerulingendingdateshownintheheadingoftheletter. Shortly before the end of your advance ruling period, we will send you Form 8734, Support Schedule for Advance Ruling Period. You will have 90 days after theendofyouradvanceruling: period to return the completed form. We will thennotifyyou, in writing, about your public charity status. Please see enclosed Information for Exempt Organizations Under Section 501(c)(3) for some helpful information about your responsibilities as an exempt organization. Letter 1045 (DO/CG) DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 2_ ACTORS -THEATRE OF INDIANA INC We have sent a copy of this letter to your represen[ative as indicated in yourPowerofattorney. Sincerely, Lois G. Lern4r Director, Exempt Organizations Rulings and Agreements Enclosures: Information for Organizationa Exempt Under Section 501(c)(3) Letter 1045 (DO/CC) DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) AFFIDAVIT 1, !j8mr; 5 f)• IE-'a i I y , an authorized representative J Of nc*V c a?' c -2: ' n, "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 the previous year totaled $ f? i ae .* Subscribed and sworn to before me, the undersigned Notary Public, this k) of 1 1OY2xY l P f , 2021. Signature - Notary Public SEAL] Printed Name 5ftar"' Resident of m,`j County, Indiana 0SHARON M. KIBBE My Commission Expires: Resident of Hamilton Co. My Commission Expires July 12, 2026 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF ACTORS THEATRE OF INDIANA INC. PRELIMINARY Balance Sheet As of July 31, 2021 TOTAL ASSETS Current Assets Bank Accounts 1002 United Fidelity Bank (1050) 75,669.00 1005 Special Events Account (1039) 100.00 1015 Business Savings (1701) 100.00 Total Bank Accounts 75,869.00 Accounts Receivable 1100 Accounts Receivable 65,880.00) 1105 Ticket Sales Receivable 90,747.14 Total 1100 Accounts Receivable 24,867.14 1240 Grants receivable 28,731.00 Total Accounts Receivable 53,598.14 Other Current Assets 1310 Employee & trustee receivables 0,19) 1445 Prepaid Insurance 1,526.42 1450 Prepaid expenses 0.41) 1455 Prepaid Royalties & Prod Exp 65,369.64 1460 Security Deposits 7,342.00 Total Other Current Assets 74,237.46 Total Current Assets 203,704.60 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 35,950.83) Total Roved Assets 22,290.05 TOTAL ASSETS 225 994.65 Cash Basis Tuesday, November 9, 2021 03:21 PM GMT-06:00 1/2 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF ACTORS THEATRE OF INDIANA INC. PRELIMINARY Balance Sheet As of July 31, 2021 TOTAL LIABILITIES AND EQUITY Liabilities Current Liabilities Other Current Liabilities 2100 Payroll Liabilities 3,566.05 2105 Union Dues EE W/H 17.39 2106 Union Initiation Fees 45.00 2108 Deferred Payroll 0.04) 2130 Accrued payroll taxes 0.20 2300 Deferred Revenue 0.00 2305 Season Tickets 13,189.00 t otal 2300 Deferred Revenue 13,189.00 2565 Agent Fees Payable 133.95 2620 Line of Credit - United Fidelity 239.05) Total Other Current Liabilities M A 719 An 16,712.50 Long -Term Liabilities 2770 Long-term liabilities - other _ 29,000.00 Total Long -Term Liabilities $29,060.00 Total Liabilities mda 74 0 CA Equity 3010 Unrestrict (retained earnings) 33,669.11 Net Income 146,613.04 Total Equity 180,282.15 TOTAL LIABILITIES AND EQUITY 225,994.65 I Cash Basis Tuesday, November 9, 2021 03:21 PM GMT-06:00 2/2 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF ACTORS THEATRE OF INDIANA INC. Profit and Loss - PRELIMINARY August 2020 - July 2021 4000 ATI Ticket Sales 4001 Single Ticket Sales Total 4000 ATI Ticket Sales -- - 4005 Indiv/business contribution 4006 Board Donations 4007Individual Donations 4008 Corporate Donations Total 4005 Indhdbusiness contribution 4012 Sponsorships 4013 Show Sponsorships 4014 Season Sponsor 4017 Sponsor - Other Total 4012 Sponsorships 4036 Feinstein's Contract Income 4040 Special Events Income 4110 Donated pro services - GAAP 4150 Donated use of facilities 4180 Marketing materials 4200Individual Gifts 4210 Corporate/business grants 4230 Foundation/trust grants 4250 Nonprofit organization grants 4305 Program Advertising 4530 State grants 4540 Local government grants 5000 Earned revenues 5490 Miscellaneous revenue Total 5000 Eamed revenues 5800 Special events 5820 Fundraising Total Income Cost of Goods Sold 7000 Production Salaries & related expenses 7020 Salaries & Wages 7050 Payroll Tax 7061 Equity League Health 7062 Equity League Pension 7065 AEA Dues 7261 Stage Crew Total 7000 Produc0on Saiarles & related expenses TOTAL 234.12 234.12 7,527.54 90,383.85 2,026.07 99,937.46 6,000.00 40,000.00 5,600.00 51,600.00 4,000.00 2,670.00 17,052.00 32,272.56 22.50 10,000.00 2,500.00 86,075.00 1,000.00 2,075.00 44,333.83 240,000.00 225.00 225.00 500.00 1,347.54 594,845.01 35,874.92 560.00 1,620.00 320.00 20.00 120.00 38,514.92 Cash Basis Monday, October 18, 2021 10:48 AM GMT-04:00 1/4 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF ACTORS THEATRE OF INDIANA INC. Profit and Loss - PRELIMINARY August 2020 - July 2021 7100 Contracted Production Staff 7103 Actors 7105 Director 7109 Master of Properties 7115 Music Dir/Accomp/Conductor 7120 Musicians 7125 Scenic Designer/Carpenter 7130 Costumer 7135 Sound Designer/Audio Engineer 7140 Lighting Designer/Master Electrician 7145 Photographer 7150 Other Production Contractors Total 7100 Contracted Firoducton Staff 7200 Other Production Costs 7205 Properties 7208 Equipment Purchases 7210 Equipment Rental 7212 Wig rental/design/maintenance 7225 Scenery 7227 Lighting Supplies 7228 Stage Mgmt Supplies 7229 Sound Supplies 7230 Food & Beverage 7231 Artistic Expenses 7235 Royalties/Scripts 7245 Misc Production Costs 7250 Crew Meals 7268 Security 7275 Travel/Lodging Total 7200 Otcd herProduonCosts Total Cost of Goads Sold GROSS PROFIT Expenses 6560 Payroll Expenses 7300 Salaries & related expenses 7320 Salaries & Wages 7350 Payroll taxes Total 7300 Salaries & related expenses 7351 SUI 7400 Advertising & Marketing 7405 Print Ads TOTAL 2, 670.00 1, 689.50 400. 00 7, 700.00 11, 645.00 1, 950.00 400. 00 5, 618.00 2, 712.50 14, 000.00 3, 400.00 52, 185.00 67. 99 7, 566.04 3, 152.52 450. 00 95. 13 317. 10 29. 66 120. 00 59. 91 955. 89 1, 550.14 9, 008.03 22. 51 540. 00 50. 00 23, 794.66 al 19,9Y4A0 480, 350.43 1, 339.58 90, 576.44 9, 993.15 100, 569.56 22. 40 95. 00 19, 515.13 Cash Basis Monday, October 18, 2021 10:48 AM GMT-04:00 214 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF ACTORS THEATRE OF INDIANA INC. Profit and Loss - PRELIMINARY August 2020 - July 2021 TOTAL 141 U tiectronlc Media 15,935.00 7415 Graphic Design 1,191.40 7420 Signage 511.65 7425 Promotional Events/Fairs _ 4,948.56 Total 7400 Advertising & Marketing 42,196.74 7450 Fundraising expenses 2,469.33 7500 Legal & Professional Fees 7505 Payroll Fees 1,468.14 7520 Accounting fees 28,254.75 7540 Professional fees - other 11,795.00 7580 Donated pro services - GAAP _ 8,652.00 Tota17500 Legal & Professional Fees 50,169.89 8100 Non -personnel expenses 8110 Supplies 8130 Telephone & Internet 8140 Postage, shipping, delivery 8160 Equip rental & maintenance 8170 Printing & copying 8180 Books, subscriptions, reference Total8100 Non -personnel expenses 1,684.45 9,545.01 2,723.55 1,425.25 6,710.25 1,744.43 23,832.94 8200 Occupancy expenses 8240 Personal property taxes 362.30 8280 Donated facilities - GAAP 32,272.56 Total 8200 Occupancy expenses 32,634.86 8300 Travel & meetings expenses 8305 Meals/Entertainment - 2,443.97 8310 Travel 57.13 Total 8300 Travel & meetings expenses 2,501.10 8500 Misc expenses 8505 Credit Card Fees 1,856.67 8510 Interest expense 2,984.63 8515 Bank Fees 48.00 8520 Business Insurance 9,943.75 8530 Membership dues - organization 200.00 8540 Staff/Board development 652.21 8560 Outside Computer Services 4,546.54 8565 IT Subscriptions _ _ _ 10,319.88 Total 8560 Outside Computer Sery ces 14,866.42 8570 Advertising & Marketing 8590 Other expenses Total 8500 Misc expenses Cash Basis Monday, October 18, 2021 10:48 AM GMT-04:00 46,239.95 1,237.33 78,028.96 3/4 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF ACTORS THEATRE OF INDIANA INC. Profit and Loss - PRELIMINARY August 2020 - July 2021 TOTAI oouu ausmess expenses - 8670 Organizational (corp) expenses 21,00 TWal 8600 Business expenses 21.00 Unapplied Cash Bill Payment Expense - 300.00 Total Expenses - — - -- _---- 333,486.39 NET OPERATINGINCOME - -- ------ — $14636404- NET INCOME $ 146 964 04 Cash Basis Monday, October 18, 2021 10:48 AM GMT-04:00 4/4 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF I I 1 I I Form 990 Return of Organization Exempt From Income Tax MeONo. 1545-0047 2019 Rev. January 2020) Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except private foundations) Departmant of the Treasury Do not enter social security numbers on this form as it may be made public. Qjjl@ x4+tj3G 4 1InternalRevenueServiceGotowww.irs. ov/Form990 for instructions and the latest information. I€i:5 .9Gtiiil A For the 2019 calendar vear. or tax vear beginning 08 01 19 andending 07 31 20 B Check if applicable: C Name of organization D Employer Identification number Address change Actors Theatre of Indiana, Inc. Doing business as Name change 20 - 2 5 3 012 4 Number and street ( or P.O. box if mail is not delivered to street address) Room/suite E Telephone number Initial return 510 3rd Avenue SW, Suite D 317-669-1861 Final return/ City or tow, state or province,country, and ZIP or foreign postal code terminated Carmel IN 46032 c Gross recei ts$ 722,534 Amended return F Name and address of principal officer: Application pending His) Is this a group return for subordinates? Yes x No l Jim Reilly 510 3rd Ave SW, Suite D H(b) Are all subordinates included? Yes No Carmel IN 46032 If'No; attach a list. (see instructions) I Tax-exempt status: x 501 c 3 501 c / insert no. 4947 a 1 or 527 J Website: www. atistacre.org H c) Group exempt ion number K Formoforanization: X Corporation Trust Association Other L Yearofformahon: 2005 M State oflegal domicile: IN Summary 1 Briefly describe the organization's mission or most significant activities: Advance theatre as an art form by providing creative opportunities and forl.................................................................................................... guidance to artists. d............................................................................................................................................................ 2 Check this box if the organization discontinued its operations or disposed of more than 25% of its net assets. p 3 Number of voting members of the governing body (Part VI, line to) 3 12 v 4 Number of independent voting members of the governing body (Part VI, line tb) 4 12 5 5 Total number of individuals employed in calendar year 2019 (Part V, line 2a) 5 33 4 6 Total number of volunteers (estimate if necessary) 6 12 7a Total unrelated business revenue from Part VIII, column (C), line 12 7a 0 b Net unrelated business taxable income from Form 990-T, line 39................................................... 7b 0 Prior Year Current Year 512,352 458,158 y 8 Contributions andgrants (Part VIII, line 1h) mm 9 Program service revenue (Part VIII,line 2g),.... 260,050 256,852 d 10 Investment income ( Part VIII, column (A), lines 3, 4, and 7d) 33 3 0 cc 11 Other revenue ( Part Vlll, column (A), lines 5, 6d, 8c, 9c, 10c, and 11e) 6,166 6,374 12 Total revenue - add lines 8through 11(must equal Part VIII, column A, line 12 ............ 778,235 721,384 13 Grants and similar amounts paid (Part IX, column (A), lines 1-3) ............................. 0 0 14 Benefits paid to orformembers (Part IX, column (A), line 4) ................................... 326,345 309,818 d 15 Salaries, other compensation, employee benefits (Part IX, column (A), lines 5-10) 16a Professional fundraising fees (Part IX, column (A), line 1le) 0 b Total fundraising expenses Part IX column D tin 2 2 e 5 6 461 9P ( , 8 4', w17Other expenses (PartIX, column (A), lines 11a-11d, 11f-24e) 3 8 1,97 9 3 b l l 18 Total expenses. Add lines 13-17 (must equal Part IX, column (A), line 25) .................... I....... 7 0 8 , 32 4 694,329 69,911 27,055. 19 Revenue less expenses. Subtractline18fromline12................ .. ............. og Beginning of Current Year End of Year 14 5 , 7 7 8 118 ,114 A 20 Total assets (PartX, line 16) a9 21 Total liabilities (Part X, line 26) 18 5 , 191 13 0 , 9 3 2 3 9 , 413 12 , 3 5 8 d= zLL 22 Net assetsorfundbalances. Subtract line 21 from line 20 .... .... ..........1 Signature Block Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge. Sign Signature of officer Date Here Jim Reilly Exec. Dir./ Treasurer Type or print name and title PnnUrype preparer's name ± Preparers signature Date Check if PTIN Paid Robert K. Brinkers, CPA Robert K. Brinkers, CPA 01/21/21 self-employed P00409428 Preparer Firm'sname Alerding CPA Group Pirm'sEIN/ 35-2043580 Use Only 4181 E 96th St Ste 180 Firm's address D Indianapolis, IN 46240 Phone no. 317-569-4181 May the IRS discuss this return with the preparer shown above? (see instructions) n Yes No For Paperwork Reduction Act Notice, see the separate instructions. Form 990 (2019) OAA DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF i-: x0 1-6 17- I F ACTORS THEATRE OF INDIANA I BOARD OF TRUSTEES (as of 8/24/21) DAN MCFEELY - PRESIDENT OWNER, WRITER, DAN MCFEELY COMMUNICATIONS CARMEL, IN 46032 317-847-9266(M) Current term expires on December 31, 2022 danmcfeelvink@email.com I MELISSA VOLZ-SMITH - VICE PRESIDENT CITIZENS STATE BANK CARMEL, IN 46032 317-550-8868 (M) Current term expires on December 31, 2022 melvsmithl0@amail.com MUNIVER SINGH (Nobble) -TREASURER SMALL BUSINESS OWNER IN NOBLESVILLE CARMEL, IN 46032 317-513-6044(M) Current term expires on December 31, 2023 munivsin¢h@sbcalobal.net KELLI PRADER - SECRETARY PROJECT MANAGER -CITY OF CARMEL CARMEL, IN 46032 317-748-3920(H) Current term expires on December 31, 2022 kelli @the oracle rs.co m JOHN TERRY CTG LAW CARMEL, IN 46032 317-902-1113 (M) Current term expires on December 31, 2023 iterry@tand¢law.com DR. JOSEPH FITZGERALD INDIANA UNIVERSITY HEALTH INDIANAPOLIS, IN 46202 317-809-0071 (M) Current term expires on December 31, 2023 ifitzeel@ivauLedu DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF JILLZANIKER i-_ THE JEFF ZANIKER MEMORIAL FOUNDATION FOR THE ARTS CARMEL, IN 46032 317-258-5455(M) Current term expires on December 31, 2021 - T -- - - iillzaniker@hotmail.com CHRISTINE REPPERT- I - RETIRED FROM BRIDGESTONE AMERICAS, INC. INDIANAPOLIS, IN 317-730-1964(M) Current term expires on December 31, 2021 christinecreopertl7@email.com RILEY PARR ATTORNEY' SHERIDAN,IN 46069 317-519-9640(M) Current term expires on December 31, 2022 rilevlparr@¢mail.com LEZLIE M. HEATH RETIRED TEACHER/COMMUNITY VOLUNTEER CARMEL, IN 46032 317-443-4628 (M) Current term expires on December 31, 2022 Lezliemh@vahoo.com KATHY GUIDER VICE PRESIDENT, VERACITY IIR CARMEL, IN 46032 317-366-2325 (M) Current term expires on December 31, 2022 kathv@veracitviir j LEAH MOSLEY SMALL BUSINESS OWNER INDIANAPOLIS, IN 317-374-4055 (M) Current term expires on December 31, 2023 Leahsuemosley@aol.com 1 I T— —T DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF BRIAN FROST BERKSHIRE HATHAWAY HOMESERVICES FISHERS, IN T- 317-414-6171 (M) Current term expires on December 31, 2023 _ brian.frost6@email.com SAM ARCE' F.C. TUCKER, CO. CARMEL, IN — 317-442-5966 (M) Current term expires on June 30, 2024 sarce@msn.com JULIE ECKERT UNITED FIDELITY BANK CARMEL, IN 812-431-8681 (M) Current term expires on June 30, 2024 julie.eckert@unitedfidelitv.com i I I I DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF ATI STAFF DIRECTORY JIM REILLY EXECUTIVE DIRECTOR 317-294-3625 (M) Jreilly@atistaae.ore r i DON FARRELL CO-FOUNDER/ARTISTIC DIRECTOR 317-490-7793(M) dfarrell@atistaee.ora i JUDY FITZGERALD CO-FOUNDER/ASSOCIATE ARTISTIC DIRECTOR 317-490-8008(M) fitzae raid @atista¢e.ore i CINDY COLLINS CO-FOUNDER/ASSOCIATE ARTISTIC DIRECTOR 317-331-5931 (M) ccollins@atistaee.ora MEG OSBORNE j MARKETING & DEVELOPMENT DIRECTOR 317-590-7522 (M) I meg@mezoromo.com I ELAINE MANCINI I GRANT WRITER & COORDINATOR 914-419-6402(M) mancini@toast.net KATHY BERG BOOKKEEPER j 317-402-9701 (M) kbe ra @officema naaementconsultine.com BRAD OSBORNE TECHNICAL ADVISOR 317-590-7514 (M) Brad@BradOsborne.com DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF EXHIBIT G ACTORS THEATRE OF INDIANA YEAR-END REPORT 2021 ARTS GRANT FROM THE CITY OF CARMEL In January of 2021, 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. ATI continues 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 AT] organization. If not for the Carmel Arts Grant, our marketing and development efforts with MEG and Associates would not be at the professional level that they currently are now. Because of state and Actors Equity Union restrictions placed on us, we were unable to present any main stage productions last season. However, due of the Carmel grant, we were able to continue with our plans to upgrade our production equipment and warehouse facilities which enabled us to hit the ground running for the 2021/2022 season. 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 behind us, we will be poised to resume normal activity almost immediately. A very large portion of the 2021 Carmel Arts Grant was used to continue the process of paying 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 2021 Carmel Arts Grant of $240,000 was used almost entirely to eliminate outstanding debt of the organization, no money from the 2021 Grant is available to be carried forward to be used in 2022. DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 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 2022 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 survey data. A $30,000 annual salary, which is what all four ATI employees are currently being paid, is simply not realistic in today's economic environment. DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF