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HomeMy WebLinkAboutResolution BPW 01-18-23-02; ($170,880.00); Actors Theatre of Indiana, Inc.; Arts GrantRESOLUTION NO. BPW 01-18-23-02 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 , 2023. 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\\2023\\Acknowledge ArtsGrant ActorsTheatre ofIndiana, Inc.docx1/9/202312:20PM 18th January DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 Not Present 1/19/2023 1/19/2023 1/19/2023 aF AND I ANC ARTS GRANT PROGRAM AGREEMENT This Grant Agreement (herein referred to as "Agreement") entered into by and between the City of Carmel (the "City") and Grantee"), is executed pursuant to the terms and conditions set forth herein. In consideration of those mutual undertakings and covenants, the parties agree as follows: 1. That on behalf of Grantee, a not -for -profit corporation, I,JAJAA)L atz .al/ an authorized representative of Grantee, have applied for a City of Carm 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 $17 0 , 880 .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: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 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); and 2. A budget for the calendar or fiscal year for which the grant is requested EXHIBIT B); and 3. Certified copies of incorporation as a not -for -profit corporation under state law EXHIBIT C); and 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); and 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); and 6. A list of the Grantee's board of directors and officers listed (EXHIBIT F); and 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 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 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: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 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: F antee") ZPB ( Signature) d Name of Officer: Title:r-- Date: d 2-- CITY OF CARMEL ("Grantor") James Brainard, Mayor Date: 1/3/2023 ATTEST: i u ik. Date: 1/3/2023 If you have any question concerning the City of Carmel's 2023 Arts Grant Program, grant writing, guidelines or application materials, contact: Sharon Kibbe, City of Carmel, One Civic Square, Carmel, IN 46032, Phone: 317-571-2483, skibbafrkygrmct,in-g . 4 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 Exhibit "A" An Application and Description of the Proposed Use of the Grant Funds APPLICANT: Name of organization: oCz-S FAT Address: StD,rZO 5 L.%/ Telephone:,-3 1- 2913 XI0 _---. Fax: AA -I Contact Person: 1• ? Email:(4--- t APPLICATION AMOUNT: $ —•cJ DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: Additional pages may be added to Exhibit "A") Signatu Printed Title: Date: DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 EXHIBIT A: PROPOSAL NARRATIVE Actors Theatre of Indiana November 9, 2022 OVERVIEW OF THE ORGANIZATION Please note that programs shown in bold type are either new or modified programs for ATI. In 2023, Actors Theatre of Indiana will be entering its eighteenth season of presenting Broadway musicals and stage plays, as well as Indiana theatre premieres. It will also be our twelfth 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 countryto 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 began presenting two performances of their Christmas production in the Feinstein Cabaret. Also, in honor of our 15t' 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. DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 EXHIBIT A PROPOSED USE OF 2023 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 2022/2023 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. Regional theaters have particularly struggled to recover from those losses and get customers back in 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 Feinstein 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 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. DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 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 2023 CARMEL ARTS GRANT. SOME OF THIS EQUIPMENT WAS BUDGETED TO BE PURCHASED WITH THE 2022 CARMEL ARTS GRANT BUT WAS DELAYED BECAUSE OF THE ORGANIZATION PAYING DOWN CORPORATE DEBT WITH A PORTION OF THE GRANT FUNDS: One (1) Table Saw, Cabinet Stand Type, 10 inch diameter blade, Max Blade Speed 4,000 RPM Cost - $7,600 Three (3) Dewalt 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 - $12,000 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: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 Additionally, and in the spirit of full disclosure, the City of Carmel needs to be aware of the following disclosure: 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 2023. 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. 2023 OPERATIONAL FUNDING REQUEST Total revenue per ATI's 7/31/21 financial audit $612,574 Grant award percentage guideline 33.3% Grant Amount Per Guideline $204,000 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 COMMUNITY INVOLVEMENT Members of the Carmel Chamber of Commerce Members of the Hamilton County Convention & Visitors Bureau Participated and performed in the 2022 Carmel Fest parade Participates every summer in the Carmel Farmers Market e Upon request, we provide sign language interpreters for the hearing impaired Performs annually in Carmel's Veterans Day ceremony o Performs caroling during the Christmas holidays in the Arts & Design District as well as the popular Christkindlmarkt 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: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 EX#1,68 1 43 EXHIBIT B ACTORS THEATRE OF INDIANA OPERATING BUDGET FOR FISCAL YEAR ENDING JUIY 31 2023 INCOME Earned Income Admission/Ticket Income 180,000 Sponsorships 50,000 Other Income 10,000 Contributed Income 60,000Individual/Corporate Contributions Foundation Support I 85,000 Fundraising/Special Events 25,000 Government Income Federal NEA 15,000 State IAC 30,000 City Carmel and HCCVB 215,000 Total Cash Income 670,000 In -Kind Goods and Services 35,000 TOTAL INCOME 705,000 EXPENSES Production Expenses Production Personnel 200,000 Production Costs 150,000 General & Administrative Expenses Executive Director (Projected) 60,000 Marketing/Development Director 50,000 Bookkeeper/Grant Writer 30,000 Accounting Firm 10,000 Insurance I 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 708,000 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 r. State of Indiana. Office of the Secretary of State CERTUICA #"E OF INCORPORATION Of ACTORS TTW-, A TR OF INDIANA, INC. I, TOM ROKITA, Secretary of State of IndWia, hereby certify that Articles of Incorporation of the above Non -Profit Domestic Corporation have been p =ented 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, TfHMFORE, with this document I certify that said transaction will became effective Friday, Mardi 18, 2005. lw In Wiftms Whereof, I have caused to be affixed my signature and the seal of the State oflndiana, at the City of Indiampolis, Much 18, 2005. TODD ROIITA, SECRETARY OF STATE 2005031800331 / 2005031862490 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 INTERNAL REVENUE SERVICE P. 0. BOX 2508 CINCINNATI, OH 45201 JUN 2 2 2M 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 S01(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522-of the Code. Because this letter could help resolve any questions - 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, you will be treated as a public charity. Your advance ruling period begins with the effective date of your exemption and ends with advance ruling ending date shown in the heading of the letter. 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 the end of your advance ruling period to return the completed form. We will then notify you, 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: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 a - ACTORS -THEATRE OF INDIANA INC We have sent a copy of this letter to your representative as indicated in your power of attorney. Sincerely, Lois G. Lern4r Director, Exempt Organizations Rulings and Agreements Enclosures: Information for Organizations Exempt Under Section 501(c)(3) Letter 1045 (DO/CG) DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 STATE OF INDIANA ) SS: COUNTY OF ) AFFIDAVIT fiI, JAM A. an authorized representative of /A 7 C. 77 JJ-)I-4, —AZ " rantee"), 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 $ Ue Q 2r qPrrgnatureinked Namec r_--.7 Subscribed and sworn to before me, the undersigned Notary Public, this day of I Y L 'alk Signature - Notary Public Printed Name aa. 1 V . SEAL] Resident of ri County, Indiana My Commission Expires: 2U\u 44 RYP SHARON M. KIBBE t SEAL Cn Resident of Hamilton Co. My Commission Expires 1k July 12, 2026 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 ACTORS THEATRE OF INDIANA INC. Profit and Loss August 2021 -July 2022 TOTAL Income 4000 ATI Ticket Sales 4001 Single Ticket Sales 179,470.19 Total 4000 ATI Ticket Sales 179,470.19 4005 Indiv/business contribution 4006 Board Donations 1,500.00 4007 Individual Donations 74,921.48 4008 Corporate Donations 800.00 Total 4005 Indlv/business contribution 77,221.48 4012 Sponsorships 4013 Show Sponsorships 31,769.00 4014 Season Sponsor 30,000.00 4017 Sponsor - Other 7,478.58 Total 4012 Sponsorships 69,247.58 4036 Feinstein's Contract Income 11,566.31 4037 ATI Outsourcing 245.00 4040 Special Events Income 11,900.00 4110 Donated pro services - GAAP 14,252.00 4150 Donated use of facilities 32,272.56 4180 Marketing materials 53.00 4210 Corporate/business grants 2,000.00 4230 Foundation/trust grants 66,000.00 4305 Program Advertising 2,500.00 4530 State grants 11,983.50 4540 Local government grants 215,100.00 5000 Earned revenues 5120 Production Support Income 22,008.01 5490 Miscellaneous revenue 602.50 Total 5000 Earned revenues 22,610.51 Unapplied Cash Payment Income 400.00 Total Income 716,822.13 Cost of Goods Sold 7000 Production Salaries & related expenses 7020 Salaries & Wages 93,843.93 7050 Payroll Tax 8,265.52 7061 Equity League Health 30,435.00 7062 Equity League Pension 5,858.40 7065 AEA Dues 720.57 Total 7000 Production Salaries & related expenses 139,123.42 Cash Basis Monday, November 21, 2022 08:03 AM GMT-05:00 1/4 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 ACTORS THEATRE OF INDIANA INC. 7100 Contracted Production Staff 7103 Actors 7105 Director 7107 Production Manager/Assistant 7109 Master of Properties 7110 Choreographer 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 Production Staff 7200 Other Production Costs 7205 Properties 7208 Equipment Purchases 7209 Software License Purchase 7210 Equipment Rental 7212 Wig rental/design/maintenance 7215 Costumes 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 7255 Load In/Load Out 7265 Facility Rental 7268 Security 7275 Travel/Lodging 7280 Program Supplies Total 7200 Other Production Costs Total Cost of Goods Sold GROSS PROFIT Expenses 6560 Payroll Expenses Profit and Loss August 2021 - July 2022 TOTAL 2,000.00 9,824.99 390.00 2,000.00 3,500.00 10,110.00 39, 621.25 9,000.00 4,500.00 8,130.00 9,000.00 5,700.00 1,605.00 105,381.24 280.94 2,089.21 3,956.91 563.37 2,708.00 1,201.11 3,654.62 8,012.23 3,571.93 1,583.54 191.53 2,051.56 170.53 26,481.86 4,028.38 329.66 82.50 500.00 1,186.87 12,750.28 108.75 75,503.78 320,008.44 396,813.69 3,695.72 Cash Basis Monday, November 21, 2022 08:03 AM GMT-05:00 2/4 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 ACTORS THEATRE OF INDIANA INC. Profit and Loss August 2021 -July 2022 TOTAL 7300 Salaries & related expenses 7320 Salaries & Wages 119,999.36 7350 Payroll taxes 9,406.60 Total 7300 Salaries & related expenses 129,405.96 7400 Advertising & Marketing 655.07 7405 Print Ads 19,270.00 7410 Electronic Media 12,210.50 7415 Graphic Design 4,824.82 7420 Signage 964.48 7425 Promotional Events/Fairs 5,635.12 Total 7400 Advertising & Marketing 43,559.99 7450 Fundraising expenses 204.13 7500 Legal & Professional Fees 7520 Accounting fees 42,095.74 7540 Professional fees - other 9,065.00 7580 Donated pro services - GAAP 8,652.00 Total 7500 Legal & Professional Fees 59,812.74 8100 Non -personnel expenses 8110 Supplies 2,178.29 8130 Telephone & Internet 9,697.40 8140 Postage, shipping, delivery 9,291.60 8150 Mailing services 2,129.19 8160 Equip rental & maintenance 655.00 8170 Printing & copying 35,442.26 8180 Books, subscriptions, reference 2,069.98 Total 8100 Non -personnel expenses 61,463.72 8200 Occupancy expenses 8210 Rent, parking, other occupancy 104,910.52 8240 Personal property taxes 386.50 8280 Donated facilities - GAAP 32,272.56 Total 8200 Occupancy expenses 137,569.58 8300 Travel & meetings expenses 67.99 8305 Meals/Entertainment 4,074.76 8310 Travel 1,629.68 Total 8300 Travel & meetings expenses 5,772.43 8500 Misc expenses 1,807.13) 8502 Charitable Contributions 500.00 8505 Credit Card Fees 5,234.46 8510 Interest expense 2,523.10 8515 Bank Fees 319.11 8518 Late Fees 156.00 Cash Basis Monday, November 21, 2022 08:03 AM GMT-05:00 3/4 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 ACTORS THEATRE OF INDIANA INC. Profit and Loss August 2021 -July 2022 TOTAL 8520 Business Insurance 7,207.50 8530 Membership dues - organization 251.75 8540 Staff/Board development 480.97 8560 Outside Computer Services 5,899.33 8565 IT Subscriptions 8,067.89 Total 8560 Outside Computer Services 13,967.22 8570 Advertising & Marketing 45,099.00 8590 Other expenses 229.30 Total 8500 Miso expenses 74,161.28 Unapplied Cash Bill Payment Expense 1,320.03 Total Expenses 516,965.58 NET OPERATING INCOME 120,151.89) Other Expenses INTEREST EXPENSE 0.00 Total Other Expenses 0.00 NET OTHER INCOME 0.00 NET INCOME $ (120,151.89) Cash Basis Monday, November 21, 2022 08:03 AM GMT-05:00 4/4 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 990 Return of Organization Exempt From Income Tax OM6No.1515.0047 Form Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except private foundations) 2 ®2 0 Department or the Treasury Do not enter social security numbers on this form as it may be made public. ii Ope6 to Public EInternaiRevenueServiceGotowww,lrs. ov1Form980 for instructions and the latest information. I.t;$ ,ecfiior A For the 2020 calendar vear, or tax vear be innin 0 8 01 2 0 and endin 0 7 31 21 B Check if applicable: C Name of organization D Employer identification number Address change Actors Theatre of Indiana, Inc. Name change Doing business as 2 0- 2 5 3 012 4 Number and street (or P-0, box if mail Is not delivered to street address) Roomisuile E Telephone number Initial return 510 3 rd Avenue SW, Suite D 317 - 6 6 9 -18 61 Final return/ City or town, state or province, country, and ZIP or Foreign postal code terminated Amended return Carmel IN 46032 G Gross rWeI ISS 565,190 Application pending F Name and address of principal officer: James Reilly H(a) Is this a group return for subordinates? Yes X No 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 5011(03) 501(c) { -4(Insertno. 4947(a)(1)or 527 J Website: TNTNW . at is tae . or H(c) Group lido number K. Form of nizallon: X cor ration Trusil Association Otller L Year of formation: 2 0 0 5 M State of I al domicile: IN i 1 Briefly describe the organization's mission or most significant activities:..............................................................:................. Q Advance theatre as an art form by providing creative opportunities and guidance to artists. I._..................... m.......... 0 2 Check this box if the organization discontinued its operations or disposed of more than 25% of its net assets. 5 3 Number of voting members of the governing body (Part VI, line 1a) 3 15 iu 4 Number of independent voting members of the governing body (Part VI, line 1 b) 4 15 5 Total number of individuals employed in calendar year 2020 (Part V, line 2a) 5 27 Q 6 Total number of volunteers ( estimate if necessary) ................................................................. 6 0 7a Total unrelated business revenue From Part VIII, column (C), line 12 7a 0 b Net unrelated business taxable income from Form 990-T, Part I, line 11.................................. I ......... 711b 0 PriorYear Current Year 458, 158 553,192 d8Contributionsandgrants (Part VIII, line 1h) a 9 Program service revenue (Part VIII, line 2g) 256,852 234 10 Investment income (Part VIII, column (A), lines 3, 4, and 7d) 0 11 Other revenue (Part VIII, column (A), lines 5, 6d, 8c, 9c, 10c, and 11 e) 6,374 10,300 12 Total revenue — add lines 8 through 11 (must equal Part VIII, column A), line 12) ........... 721,384 563, 726 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 d 15 Salaries, other compensation, employee benefits (Part IX, column (A), lines 5-10) 309,818 190, 740 in 16a Professional fundraising fees (Part IX, column (A), line 11 e) 0 x b Total fundraising expenses (Part IX, column (D), line 25) 384, 5ill 219,023 w17Otherexpenses (Part IX, column (A), lines 11 a-11 d, 11f--24e) 18 Total expenses. Add lines 13-17 (must equal Part IX, column (A), line 25) .. ... ...... 694,3291 409,763 27, 055 153,963 19Revenuelessexpenses. Subtract line 18 from line 12 o Beginning of Current Year End of Year 20 Total assets (Part X, line 16) 118,574 168,685 a 21 Total liabilities (Part X, line 26) 130,932 27,080 r- u- 22 Net assets or fund balances. Subtract line 21 from line 20 .. . . ..... . . .. . . . . .... . • • 12 , 3 5 8 141,605 Part'€ i _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 Here Signature of officer James Reilly Date Exec. Dir./Treasurer Type or print name and title Paid Print/ Type preparer's name David W. Garrett, CPA Preparer' s signature David W. Garrett, CPA Date 02/ 07/22 Check J if self- employed PTIN P01387587 Preparer Frm' sname Alerding CPA Group Frds:9N> Use Only 4181 E 96th St Firms address Indianapolis, Ste 180 IN 46240 More no. 317 - 5 6 9 - 4181 A: 1ar the IRS discuss this return with the preparer shown above? See instructions [XJ Yes F ] No For Paperwork Reduction Act Notice, see the separate instructions. Form 990 (2020) DAA DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 JCA.[T T ACTORS THEATRE OF INDIANA BOARD OF TRUSTEES (as of 11111122) 16 voting board members) DAN MCFEELY - PRESIDENT OWNER, WRITER, DAN MCFEELY COMMUNICATIONS CARMEL, IN 46032 317-847-9266 (M) Current term expires on December 31, 2022 danmcfeelyinl<@gmail.com MUNIVER SINGH (Nobbie) -TREASURER SMALL BUSINESS OWNER IN NOBLESVILLE CARMEL, IN 46032 317-513-6044 (M) Current term expires on December 31, 2023 m u n ivsi ngh @sbcgloba l.net KELLI PRADER - SECRETARY PROJECT MANAGER -CITY OF CARMEL CARMEL, IN 46032 317-748-3920 (H) Current term expires on December 31, 2022 kel li @the prad ers.com JOHN TERRY CTG LAW CARMEL, IN 46032 317-902-1113 (M) Current term expires on December 31, 2023 iterry@tandelaw.com I DR. JOSEPH FITZGERALD INDIANA UNIVERSITY HEALTH INDIANAPOLIS, IN 46202 317-809-0071 (M) Current term expires on December 31, 2023 ifitzgel@iui)ui.edu JILL ZANIKER THE JEFF ZANIKER MEMORIAL FOUNDATION FOR THE ARTS CARMEL, IN 46032 317-258-5455 (M) Current term expires on December 31, 2024 i ilia n i ker@ hotma i 1. coin DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 LEZLIE M. HEATH j 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 I CARMEL, IN 46032 317-366-2325 (M) Current term expires on December 31, 2022 kathy veracity ir.com LEAH MOSLEY SMALL BUSINESS OWNER INDIANAPOLIS IN 317-374-4055 Current term expires on December 31, 2023 Leahsuemoslev@aol.com BRIAN FROST BERKSHIRE HATHAWAY HOMESERVICES FISHERS, IN I 317-414-617L M,) Current term expires on December 31, 2023 brian.frost6@&M , Lcom I SAM ARCE F.C.TUCKER, CO. f CARMEL, IN 317-442-5966 (M) I 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 lulie.eckert@unitedfidelity_com j I i ' i DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 TAMMY RADER _1 CORTEVA AGRISCIENCE INDIANAPOLIS, IN 317-946-9660 (M) Current term expires on December 31, 2024 tammvrader(@att.net I II KIMBERLY SPEER ATTORNEY/COMMUNITY VOLUNTEER BROWNSBURG, IN ' 317-508-2002 (M) Current term expires on December 31, 2024 JERRY NORMAN j PEDCOR COMPANIES CARMEL, IN 46032 317-490-8331 (M) f Current term expires on June 30, 2025 1 1 1 1 MATT BRANIC I I ! j ATTORNEY WITH KRIEG DEVAULT CARMEL, IN 317-450-6436 (M) f Current term expires on June 30, 2025 mbranic(@kdleeal.com I DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 ATI STAFF DIRECTORY JIM REILLY EXECUTIVE DIRECTOR 317-294-3625 (M) ireiliv@atistaRe.org DON FARRELL CO-FOUNDER/ARTISTIC DIRECTOR j 317-490-7793 (M) dfarrell@atista8e.om I f i JUDY FITZGERALD E CO-FOUNDER/ASSOCIATE ARTISTIC DIRECTOR 317-490-8008 (M) I if itzg a ra l d @ ati stage. o rg 1 CINDY COLLINS CO-FOUNDER/ASSOCIATE ARTISTIC DIRECTOR 317-331-5931 (M) ccol I ins@ atista e.or MEG OSBORNE MARKETING & DEVELOPMENT DIRECTOR 317-590-7522 (M) meg@rnegpromo.com ELAINE MANCINI GRANT WRITER & COORDINATOR 914-419-6402 (M) mancini@toast.net i KATHY BERG BOOKKEEPER 317-402-9701 (IVI) kberg@officemanagementconsulting.com BRAD OSBORNE TECHNICAL ADVISOR 317-590-7514 (M) 1Brad@BradOsborne.com DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 EXHIBIT G ACTORS THEATRE OF INDIANA YEAR-END REPORT 2022 ARTS GRANT FROM THE CITY OF CARMEL In January of 2022, Actors Theatre of Indiana was awarded an arts grant from the City of Carmel in the amount of $213,600. 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 ATI organization. If not for the Carmel Arts Grant, our marketing and development relationship with MEG and Associates would not be at the professional level that they currently are now. Because of Actors Equity Union restrictions placed on us, we were only able to present a reduced slate of main stage productions last season. However, because of the Carmel grant, we were able to partially continue with our plans to upgrade our production equipment and warehouse facilities which enabled us to hit the ground running for the 2022/2023 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. A very large portion of the 2022 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 PIP Printing and Current Publishing, along with several other much smaller vendors. Without their generosity, I doubt if we would have been able to financially survive. Additionally, to help us get through the 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 2022 Carmel Arts Grant of $213,600 was used almost entirely to eliminate outstanding debt of the organization, no money from the 2022 Grant is available to be carried forward to be used in 2023. DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 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 2023 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 each of the four ATI employees are currently being paid, is simply not realistic in today's economic environment. DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57