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HomeMy WebLinkAboutResolution BPW 01-18-23-10; ($195,800.00); Carmel Symphony Orchestra, Inc.; Arts GrantRESOLUTION NO. BPW 01-18-23-10 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 ArtsGrantCarmel Symphony Orchestra, Inc.docx1/9/202312:14PM 18th January DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 Not Present 1/19/2023 1/19/2023 1/19/2023 CqR 1 1 c ARTS GRANT PROGRAM AGREEMENT This Grant Agreement (herein referred to as "Agreement") entered into by and between the City of Carmel (the "City") and Carmel Symphony Orchestra, Inc. (the Grantee"), is executed pursuant to the terms and conditions set forth herein. In consideration of those mutual undertakings and covenants, the parties agree as follows: 1. That on behalf of Grantee, a not -for -profit corporation, I, Cara Pittenger an authorized representative of Grantee, have applied for a City of Carmel Grantor") Arts Grant, said application attached hereto and made a part hereof as Exhibit "A." 2. Grant Agreement. The City, after review and recommendation by the Mayor, agrees to grant $ 195, 8 0 0.0 0 to the Grantee for the eligible costs of the project (the "Project") or services as described in Exhibits "A" and "B" of this Agreement. The funds shall be used exclusively in accordance with the provisions contained in this Agreement. Generally, the Grant award may not exceed one third 1/3) of Grantee's combined contributed income, revenue of sales, and/or ticket revenue from the previous year. The City of Carmel may, however, make exceptions for start-up organizations that have been in existence for three (3) years or less. 3. Design and Implementation of Project. The Grantee agrees to use any and all grant funds in accordance with the proposal contained within this agreement and any documents attached to this Agreement, which are incorporated by reference. 4. Warranty of non-profit status. Grantee hereby represents and warrants that it is a not -for -profit entity with a determination letter from the Internal Revenue Service declaring that it is exempt from Federal income tax. DocuSign Envelope ID: 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 2 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: Carmel Symphony Orchestra, Inc. ("Grantee") By: (Signature) Printed Name of Officer: C Executive DirectorPittenger Title: Date: 11 /21 /22 CITY OF CARMEL ("Grantor") y;. Z,,W James Brainard, Mayor Date. 1/3/2023 ATTEST: 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, skibbc«r carmcl.in.gov. 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:Carmel Symphony Orchestra, Inc. Address: 760 3rdAve. SW, Suite 102 Carmel, IN 46032 Telephone:317-844-9717 Fax: Contact Person: Cara Pittenger Email: cPztenger earmelsymp ony.org APPLICATION AMOUNT: $ 275,000 DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: ase see the attachments. Additional pages may be added to Exhibit "A") Signature: Printed Name of Officer: Cara Pittenger Title: Executive Director Date: 11/21/22 5 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 C CARMEL EXHIBIT A SYMPHONY ORCHESTRA IANNA HYMES ARTISTIC DIRECTOR City of Carmel Arts Grant Program Application 2023 Music is the mediator between the spiritual and the sensual life." - Ludwig van Beethoven Orchestras feed the soul. Orchestras encourage creativity and bring people together to share the experience of live music. Orchestras fuel local economies, attract new business development, educate young people, evoke emotions, and unite individuals and cultures in times of suffering and joy. The country is brimming with extraordinary musicians, live concerts, and orchestras as unique as the communities they serve. The City of Carmel is extremely fortunate to have a professional orchestra of its own, right in its own backyard. An orchestra gives meaning to our lives, and in the ears, minds, and hearts of most people, that's valuable. After more than four decades of bringing meaning and music to the lives of Carmel residents, and as the only fully paid, professional orchestra in Hamilton County), Carmel Symphony Orchestra (CSO) began celebrating its 47th season in July 2022. The CSO respectfully requests a grant from the City of Carmel in the amount of $275,000. Operating funds will be used to support the last half of our 47th season and beginning of our 48th season as well as a range of programs designed to ignite a passion for music across the spectrum. Current plans for the 2022-2023 (47th) and 2023-24 (48th) seasons include: Five Masterworks series concerts featuring nationally recognized guest artists including a popular film composer with visuals in March 2023, as well as another possibility in our 2023-24 season Four Pops series concerts including the ever -popular Holiday Pops Two Sounds Exciting! Concerts for Hamilton County students, featuring Classical Kids Live as a guest artist A Family Fun! Concert where audience members sit on the stage with the musicians A Side by Side concert in partnership with the Carmel High School Orchestra A future collaboration with the Friends of Hamilton County Parks at Coxhall Gardens, much like the 2021 Classical Mystery Tour success The CSO Young Artist Competition Participation in various civic events Carmel Christkindlmarkt and CarmelFest The YouthPASS and CollegePASS programs, which allows students to attend concerts for 5 and $10, respectively Increased marketing and digital media to heighten awareness of the CSO using BPS Marketing. Audience development initiatives to retain old and attract new patrons A Diversity Fellowship in conjunction with an area college Small instrumental ensembles of CSO musicians going into Carmel Clay Schools and around Hamilton County during the school day to educate our students In addition, the CSO continues to implement initiatives to make classical music more accessible, enhance the concert experience, retain and attract new audiences, and deepen our relationship with donors. Ongoing tactics include: Simplifying concert information on our new website and in marketing materials Providing Symphony 101 information for new attendees DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 Carmel Symphony Orchestra Exhibit A Page 2 Holding post -concert receptions where patrons meet guest artists and musicians Hosting open rehearsals for donors and other special events Improving follow up with audiences after each concert, which has already proven as successful with feedback from numerous patrons following performances A 2002 study by the John S. and James L. Knight Foundation indicates that 60% of adults express at least some interest in classical music, and nearly one-third of adults regularly fit classical music into their lives via radio or recordings, but fewer than 5% are regular patrons of their local orchestras. Approximately one in four adults are potential orchestra ticket buyers, but only half of those who express the highest levels of interest in attending classical music concerts ever attend, even infrequently. And then there's this: industry statistics show that 90% of new ticket buyers do not return, making an audience development plan crucial to an orchestra's growth. We know that attracting new ticket buyers is no small feat and the CSO continues to make a strategic effort to both attract and retain new patrons in order to both grow and sustain our audience base. CSO's leadership is committed to reach new audiences in unexpected ways, from collaborating with community service, educational, and other arts organizations; to bringing our music to the people in new and interesting locations across the city and county; to redefining the concert experience using technology and other initiatives. During the past season, the CSO was not able to perform all of our scheduled concerts due to the Omicron strain of COVID-19. Each concert was postponed and will be performed during our 2022-23 season. 2022-2023 marked the CSO's 47th season of providing outstanding orchestral concerts to the citizens of Carmel and surrounding communities. Our audience continues to include patrons from outside the Indianapolis metro area and even the state. Throughout its existence, the CSO has continually enhanced our community's quality of life in a fiscally responsible manner through creative, artistically excellent performances, and educational experiences for diverse audiences of all ages. In addition, the CSO has become an important player for the Center for the Performing Arts and in the economic development of Carmel. While we continue to look for ways to increase our audience base and ticket sales revenue, the CSO is also well -supported by individual donors, the business community through concert sponsorships, gifts, matching contributions, and in -kind donations of services and office space. Among other things, funding from the City of Carmel will help to underwrite our Masterworks and Pops subscription series as well as educational concerts. While the 2023-2024 season is still being finalized, it will feature five Masterworks concerts showcasing the CSO at the Palladium; four Pops concerts including Tony DeSare and Capathia Jenkins; several Symphony on the Go performances through which we bring the music to the people; as well as separate educational initiatives including Family Fun! during which audience members sit on the stage with the orchestra, two Sounds Exciting performances for 5th grade students including Classical Kids Live from Chicago, and a Side by Side concert with local high school orchestra students and featuring the winner of the CSO's Young Artist Competition. City funding also sponsors the CSO's performance at CarmelFest on the 4th of July, the brass quintet at the Carmel Holiday Tree Lighting during Holiday at Carter Green and the Christkindlmarkt, and at various other civic and community events. Educational programming and outreach to youth is one of the CSO's top priorities. Studies show that creating, performing, and responding to music improves students' success in DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 Carmel Symphony Orchestra Exhibit A Page 3 school, work, and life. Whether preschooler or high school senior, playing in an orchestra fosters discipline and teamwork, as well as individual skill and expression. The Carmel Symphony Orchestra continues to encourage a "family -friendly" atmosphere at concerts and as a result, the CSO programs concerts that entertain and educate the broadest possible audience, including audiences who do not traditionally attend orchestral concerts. The eclectic programming, affordable ticket price, and YouthPASS and CollegePASS programs have attracted family audiences from a broad range of ethnic and socioeconomic backgrounds. Twenty percent of our annual audience members are students and youth, and between our major educational initiatives more than 4,000 children and students under the age of eighteen heard the CSO in concert this past season for $5 or less. Sounds Exciting! Is our signature educational concert designed especially for elementary school students, who are at the age when they are deciding if they want to play a musical instrument and participate in school band and orchestra. These concerts draw as many as 2,000 students, including every 5th grade student in the Carmel -Clay system as well as students from Westfield -Washington, Heritage Christian, Hamilton Southeastern, Noblesville, Zionsville, and other local schools, to the Palladium for performances that showcase a wide repertoire. A teacher survey is conducted after each concert. Additionally, the CSO has developed an advisory committee of music teachers from the Carmel -Clay Schools to help the orchestra plan future programs and projects that will be a resource for teachers to use in supplementing state music curriculum. We were so excited in September 2022 to present these students with guest artists from Classical Kids Live! Beethoven Lives Upstairs, that we will bring Classical Kids Live back in our 2023-24 season to perform another production. Classical Kids Live provides not only the music of specific composers, but also actors to give students a visual during the concert to help them learn about that composer's life! The CSO also nurtures the careers of young musicians through its annual Young Artist Competition. With support from the Carmel Symphony Orchestra League and Meridian Music, the CSO conducts a juried competition open to any instrumental music student who is a legal resident of the State of Indiana. Typically this competition draws applications from more than 40 talented junior high and high school students. The winner receives a $1,000 prize and is presented in concert as a soloist with the full orchestra at the Palladium during our Side -by - Side performance. As we look ahead to our 48th season in 2023-2024 and begin to prepare for our 50th anniversary, the Carmel Symphony Orchestra remains committed to this guiding principal - Music has the power to change lives. We deeply appreciate the financial and moral support we have received from the City of Carmel over the past many years, and look forward to a successful, ongoing partnership in the future. DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 EXHIBIT B Carmel Symphony Orchestra FY 22-23 Budget by Class Budget 2022-2023 Income 4100 Concert Income 4110 Subscription 4195 Single Tickets Total 4100 Concert Income 4200 Concert Sponsorship 4210 Concerts 4220 Musicians 4230 Guest Artists Total 4200 Concert Sponsorship 4300 Donations 4360 General Donations Total 4300 Donations 4400 Grant Income 4410 Government Grants 4420 Corp/Foundation Grant Total 4400 Grant Income 4610 Fundraising Event Income 4690 Program Advertisements 4710 Young Artist 4800 Interest Income 4810Interest Income Total 4800Interest Income 4900In Kind Contributions Total Income Expenses 5000 Payroll Expenses 5010 Salaries & Wages - Admin 5020 Salaries & Wages - Artist 5040 Contracted Musicians 5100 FICAIMedicare Total 5000 Payroll Expenses 6000 Concert Expense 6010 Auditorium Rental 6020 Guest Artist Fees 6040 Guest Artists Expenses 6050 Cartage 6060 Equipment Rental 6070 Music 6080 Transportation 6090 Other Total 6000 Concert Expense 6100 Rent 6200 Professional Fees Admin FR Proeram Educ Offerings Performances Total 49,000.00 $49,000.00 4,000.00 $168,000.00 $172,000.00 0.00 $0.00 $0.00 $4,000.00 $217,000.00 $221,000.00 10,000.00 $101,500.00 $111,500.00 33,500.00 $33,500.00 2,250.00 $64,000.00 $66,250.00 0.00 $0.00 $0.00 $12,250.00 $199,000.00 $211,250.00 0.00 $150,000.00 $150,000.00 0.00 $150,000.00 $0.00 $0.00 $0.00 $150,000.00 286,978.00 4,320.00 0.00 $0.00 $291,298.00 0.00 500.00 286,978.00 4,320.00 0.00 $0.00 $291,298.00 0.00 0.00 $0.00 0.00 500.00 500.00 $0.00 $0.00 $0.00 $0.00 $500.00 0.00 500.00 $150,000.00 $291,298.00 $16,250.00 $416,000.00 $874,048.00 73,720.00 $55,000.00 $128,720.00 56,000.00 $21,900.00 $159,310.00 $237,210.00 145,266.48 $2,430.00 $36,906.38 $184,602.86 5,639.58 $4,207.50 $4,284.00 $1,675.35 $12,187.22 $27,993.65 79,359.58 $59,207.50 $205,550.48 $26,005.35 $208,403.60 $578,526.51 5,500.00 73,500.00 79,000.00 12,050.00 105,000.00 117,050.00 2,030.00 18,700.00 20,730.00 260.00 3,695.00 3,955.00 7,000.00 7,000.00 15,900.00 15,900.00 2,090.00 14,341.00 16,431.00 5,000.00 5,000.00 0.00 $0.00 $0.00 $21,930.00 $243,136.00 $265,066.00 0.00 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 6210Accounting 34,000.00 34,000.00 6220 Development 0.00 6240 Marketing/PR 33,000.00 33,000.00 6250Other Professional Fees 3,600.00 2,400.00 6,000.00 Total 6200 Professional Fees 70,600.00 2,400.00 0.00 0.00 0.00 73,000.00 6300 Office Expenses 6310 office Supplies 6,000.00 6,000.00 6320 Postage and Shipping 750.00 750.00 1,500.00 6340 Printing and Reproduction 500.00 6,500.00 15,000.00 0.00 22,000.00 6350 Equipment Rental (Non - Concert) 3,000.00 3,000.00 6360 Equipment Purchase 0.00 Total 6300Office Expenses 10,250.00 6,500.00 15,750.00 0.00 0.00 32,500.00 64M Telephone & Internet 6410 Telephone 3, 240.00 3, 240.00 6420Internet 3, 340.00 3,340.00 Total 6400 Telephone & Internet 6,580.00 0.00 0.00 0.00 0.00 6,580.00 6500 Travel 6510 Mileage and Parking 0.00 6520Meals 2, 500.00 2,500.00 5,000.00 Total 65M Travel 2,500.00 2,500.00 0.00 0.00 0.00 5,000.00 6600Advertising and Marketing 60,000.00 0.00 60,000.00 6610 Dues and Subscriptions 750.00 750.00 6620 Licenses and Permits 3,500.00 3,500.00 6630 Play Bill 0.00 6700 Fundraising Expenses 2,500.00 2,500.00 6710 Young Artist Competition 0.00 6800 Insurance 6810 Liability Insurance 2,500.00 2,500.00 6820 Directors and Off icers 937.00 937.00 6830 Workers Compensation 1,725.00 1,725.00 Total 6800 Insurance 5,162.00 0.00 0.00 0.00 0.00 5,162.00 6910 BankFees/ Credit Card Fees 1,000.00 5,000.00 6,000.00 7W In Kind Expenses 0.00 Total Expenses 179,701.58 73,107.50 281,300.48 47,935.35 456,539.60 1,038,584.51 Net Income 179,201.58 76,892.50 9,997.52 31,685.35 40,539.60 164,536.51 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 EXHIBITC SS-0O2 STATE OF INDIANA OFFICE OF THE SECRETARY OF STATE To Whom These Presents Come, Greeting: CERTIFICATE OF .INCORPORATION CA MEL SYMPHONY QRCHESTRA-,--INC. 1, LARRY A. CONRAD, Secretary of State of the State of Indiana, hereby certify that Articles of Incorporation of the above not -for -profit corporation, in the farm prescribed by this Office, prepared and signed in duplicate by the Incorporatpr(s) and acknowledged and verified by the same before a Notary Public, have been presented to me at this office accompanied by the fees prescribed by law; that I have found such Articles conform to law; that I have endorsed my approval upon the duplicate copies of such Articles; that all fees have been paid as required by law; that one copy of such Articles has been filed in this ofce; and that the remaining copy(ies) of such Articles bearing the endorsement of my approval andfiling has (have) been returned by me to the incorporator(s) or his (their) representatives; all as prescribed by the Indiana Not -For -Profit Corporation Act of 1971. NOW, THEREFORE, 1 hereby issue to such Corporation this Certificate of Incorporation, and further certify= that its corporate existance has begun. In Witness Whereof, 1 have hereunto set my hand and affixed the seal of the State of Indiana, at the City of Indianapolis, this 1Qth day of npramhar 7G DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 EXHIBIT D Internal Revenue Service District. Director Date: MAY 11 1979 c Carmel Symphony Orchestra, Inc. 410 Second Avenue NE Carmel, IN 46032 Gentlemen: Department of the Treasury Our Letter Dated: November 17, 1977 Person to Contact: Delores A. Dunn: s:ih Contact Telephone Number: 513-684-3578 CIN: FO: '791 0 8 0 This modifies our letter of the above date in which we stated that you would .:e treated as an organization which is not a private foundation until the expiration of your advance ruling period. Based on the information you submitted, we have determined that you are not a pprivate foundation within the meaning of section 509(a) of the Internal Revenue Code, because you are an organization of the type described in s ,en 509(a)().Your exempt status under section 50-I[ c)'(3 ) owe code is still in -effect. - Grantors and contributors may rely on this determination until the Internal Revenue Service publishes notice to the contrary. However, a grantor or a contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act that resulted in your loss of section 509(a)(1) * status, or acquired knowledge that the Internal Revenue Service had given notice that you would be removed from classification as a section 5nq(a)(1)* organization. Because this letter co=lld help resolve any questions about your I--ivate foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. 170(b) (1) (A) (vi) cc: Alan J. Dansker 2700 Indiana Tower One Indiana Square Indianapolis, IN 46204 letter supersedes our 2- pr$Vate foundation. P.O. Bax 2508, Cincinraafl, Ohio 45201 Sincerely yours, D. L. James, Jr. District Director tter dated Jan 75. 1979. wh -n Letter 1050 (DO) (7- DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 STATE OF INDIANA COUNTY OF HAMILTON 1, Cara Pittenger of ( a f 0 SS: AFFIDAVIT an authorized representative 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 $ 828,109.82 Signature Printed Name r -2 Subscribed and sworn to before me, the undersigned Notary Public, this a i day of W c v? e-rvd 6,r• , 20211. irtslo' 17 Signature - Lqjtary Public t pY PG8` e+ AMY STOCKERT Printed Name,,, rr I IN COUNTY N SEAL COMAR99llMBER NP0739568 L !+ n tips MY COMMISSION EXPIRES Resident of Now , `t6 tj County, IndianaOFt MARCH 6TH 2O30 My Commission Expires: f1A r—Cc,k I- j0 0 9 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 EYI-IIBIT E Carmel Symphony Orchestra Balance Sheet As of October 31, 2022 TOTAL ASSETS Current Assets Bank Accounts 1010 UFB Checking1170 33,352.40 1020 UFB Savings 1183 160,500.43 1050 Bank Account - League 7,432.81 1060 Paypal Account 148.29 1065 United Fidelity CD 25,140.56 1070 Morgan Stanley Investments 125,116.00 1075 UBS Account 31067 49,142.28 1076 UBS Account 31749 95,685.14 Total Bank Accounts 496,517.91 Other Current Assets 1400 Prepaid Expenses 30,408.05 Total Other Current Assets 30,408.05 Total Current Assets 526,925.96 TOTAL ASSETS 526,925.96 LIABILITIES AND EQUITY Liabilities Current Liabilities Accounts Payable 2000 Accounts Payable 1,665.00 Total Accounts Payable 1,665.00 Credit Cards 2130 UFB Credit card 4,049.46 Total Credit Cards 4,049.46 Other Current Liabilities 2700 Deferred Revenue 85,126.62 Total Other Current Liabilities 85,126.62 Total Current Liabilities 90,841.08 Total Liabilities 90,841.08 Equity 3000 Opening Bal Equity 45,775.99 3050 Retained Earnings 572,103.00 Net Income 181,794.11 Total Equity 436,084.88 TOTAL LIABILITIES AND EQUITY 526,925.96 Accrual Basis Tuesday, November 15, 2022 07:11 PM GMT-05:00 1/1 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 EXHIBIT E Carmel Symphony Orchestra Profit and Loss July 2021 -June 2022 Total Income 4100 Concert Income 4110 Subscription 37,936.00 4120 Single 118,186.47 Total4100 Concert Income 156,122.47 4200 Concert Sponsorship 4210 Concerts 63,000.00 4220 Musicians 8,500.00 4230 Guest Artists 400.00 Total 4200 Concert Sponsorship 71,900.00 4300 Donations 13,770.72 4360 General Donations 151,151.99 4390 Paycheck Protection Program 45,180.50 Total4300 Donations 210,103.21 4400 Grant Income 4410 Government Grants 270,212.25 4420 Corp/Foundation Grant 3,500.00 Total 4400 Grant Income 273,712.25 4610 Fundraising Event Income 835.00 4710 Young Artist 350.00 4800 Interest Income 4810Interest Income 400.28 Total 4800 Interest Income 400.28 4830 Dividends and Interest 283.11 4835 Unrealized Gains on Investments 2,225.18 4840 Realized Gains on Investments 337.35 4900In Kind Contributions 102,841.00 4920 Reimbursed Expenses 12,692.03 4950 Miscellaneous Income 1,433.00 Total Income 828,109.82 Gross Profit 828,109.82 Expenses 5000 Payroll Expenses 5010 Salaries & Wages - Admin 49,220.04 5020 Salaries & Wages - Artist 132,182.68 5040 Contracted Musicians 209,247.50 5100 FICA/Medicare 14,237.91 Total 5000 Payroll Expenses 404,888.13 6000 Concert Expense 6010 Auditorium Rental 65,826.39 6020 Guest Artist Fees 56,125.00 6040 Guest Artists Expenses 6,220.64 6050 Cartage 1,225.00 6060 Equipment Rental 108.88 6070 Music 5,936.79 6080 Transportation 8,530.61 6090 Other Concert Expenses 43,042.82 Total 6000 Concert Expense 187,016.13 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 6100 Rent 1,926.00 6120 Cleaning Expense 97.50 Total 6100 Rent 2,023.50 6200 Professional Fees 6210 Accounting 28,139.79 6220 Development 10,717.48 6240 Marketing/PR Consultant 33,000.00 6250 Other Professional Fees 2,276.65 Total 6200 Professional Fees 74,133.92 6300 Office Expenses 6310 Office Supplies 5,104.22 6320 Postage and Shipping 810.98 6340 Printing and Reproduction 5,768.43 6350 Equipment Rental (Non -Concert) 2,775.05 6360 Equipment Purchase 941.28 Total 6300 Office Expenses 15,399.96 6400 Telephone & Internet 6410 Telephone 3,166.08 6420 Internet 3,090.05 Total 6400 Telephone & Internet 6,256.13 6500 Travel 6510 Mileage and Parking 197.00 6520 Meals 2,578.33 6530 Airfare 1,831.41 6540 Travel Expenses 2,178.24 6560 Board Relations 236.75 6570 Conference Registration 1,466.00 Total 6500 Travel 8,487.73 6600 Advertising and Marketing 42,473.12 6610 Dues and Subscriptions 591.00 6620 Licenses and Permits 1,078.10 6700 Fundraising Expenses 1,401.86 6710 Young Artist Competition 2,407.00 6800 Insurance 6810 Liability Insurance 1,314.00 6820 Directors and Officers 937.00 6830 Workers Compensation 2,402.00 Total 6800 Insurance 4,653.00 69M Bank Service Charges 439.29 6910 Credit Card Fees 4,338.70 6920 Other Expenses 436.36 7900 In Kind Expenses 102,841.00 Total Expenses 858,864.93 Net Operating Income 30,755.11 Net Income 30,755.11 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 EXHIBIT E Form 990 OMB No. 1545-0047 Return of Organization Exempt From Income Tax 2020 Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except private foundations) Department of the Treasury 0-Do not enter social security numbers on this form as it may be made public. Open to Public Internal Revenue service Go to www.irs.gov1Form990 for instructions and the latest information. Inspection A For the 2020 calendar year, or tax year beginning 7/01 , 2020, and ending 6/30 , 202021 B Check if applicable: C D Employer identification number Address change Carmel Symphony Orchestra 31-0918565 Name change 760 3rd Avenue SW, Suite 102 E Telephone number Initial return Carmel, IN 46032 317-844-9717 Final return/terminated Amended return G Gross receipts $ 1,064,969. Application pending F Name and address of principal officer: Cara Pittenger H(a) Is ift a group return for subordinales? Yes x No Same As C Above H(b) Are all subordinates included? Yes No f "No," attach a list. See instructions Tax-exempt status: JXJ 501(c)(3) 1 1501(c) ( )' (insert no.) I 14947(a)(I)or 1527 J Website: F ww. carme1S 'jpn , OX H(c) Group exemption number K Form of organization:Corporation Trust Ll AssociationLl Other L Year of formation: i 197j IVI State of legal domicile: IN Part I Summary 1 Briefly describe the organization's mission or most significant activities: To or anize and sustain a s honic orchestRra—in the hamilton county_ area_ _ _ _ _ _ _ _ _ _ _ _ _ _ c c 0 2 Check this box It the organization discontinued its operations or disposed of more than 25% of its net assets. 3 Number of voting members of the governing body (Part VI, line 1 a) .............................. 3 17 d 4 Number of independent voting members of the governing body (Part VI, line 1 b)....................... 4 17 u, 5 Total number of individuals employed in calendar year 2020 (Part V, line 2a) .......................... 5 45 6 Total number of volunteers (estimate if necessary) ................................................... 6 90 a 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 ............. . — .............. 7b 0 , Prior Year Current Year 8 Contributions and grants (Part VIII, line Ih).......................................... 545 263. 1, 013, 926. 9 Program service revenue (Part VIII, line 2g)......................................... 189, 191. 49,692. 1,155. m 10 Investment income (Part VIII, column (A), lines 3, 4, and 7d)......................... m 11 Other revenue (Part VIII, column (A), lines 5, 6d, 8c, 9c, 10c, and 11 e)............ . . . . 16 67 9 _ 196. 12 Total revenue — add lines 8 through 11 (must equal Part VIII, column (A), line 12)..... 751,133. 1,064,969. 13 Grants and similar amounts paid (Part IX, column (A), lines 1-3)...................... 14 Benefits paid to or for members (Part IX, column (A), line 4) ........................ . 480, 342. 292,869. 15 Salaries, other compensation, employee benefits (Part IX, column (A), lines 5-10)..... N 16a Professional fundraising fees (Part IX, column (A), line 11e).......................... x b Total fundraising expenses (Part IX, column (D), line 25) 46,830. w 17 Other expenses (Part IX, column (A), lines 11a-11d, l 1f-24e)......................... 327, 446. 205 660. 807, 788. 498 529. 18 Total expenses. Add lines 13-17 (must equal Part IX, column (A), line 25)............. 56, 655. 566 440. 19 Revenue less expenses. Subtract line 18 from line 12................................ S Beginning of Current Year End of Year 710,194.. m e 20 Total assets (Part X, line 16)......................................................148,921. 67,352. 61,561. aro21 Total liabilities (Part X, line 26)...................... ..................... :_....... . 81,569.1 648,633. zJ 22 Net assets or fund balances. Subtract line 21 from line 20............................ Part B 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. Signature Date Sign ofofficar Here ' Cara Pittenger Executive Dir. Type or print name and title Print/Type preparer's name Preparer's signature Date Check Lj if I PTIN Paid James A Simpson James A Simpson self-employed P01425325 Preparer Firm's name ' FINANCIAL TECHNOLOGIES & MANAGEMENT Use Only Firm'saddress ' 2935 E 96TH ST STE 216 Firm'sEIN 35-2138762 INDIANAPOLIS, IN 46240 Phoneno. (317) 819-0780 May the IRS discuss this return with the preparer shown above? See instructions . x Yes No BAA For Paperwork Reduction Act Notice, see the separate instructions. TEEA0101L 01/19/21 Form 990 (2020) DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 EXH I B IT H CARMEL r SYMPHONY ORCHES i JANNA HYMES ARTISTIC DIRECTOR Board of Directors 2022-2023 Rob Schlegel Neumann -Schlegel -Burrows, LLC Chair Shannon Minnaar Homemaker Vice Chair Caleb Bullock Somerset CPAs Treasurer Jerry Torr Hamilton Title Secretary Luci Snyder Commercial Real Estate Consultant Past Chair Susan Anderson Creative Planner Director Adam Campagna Shiel Sexton Director Bruce Cordingley Pedcor Companies Director Adam Cox Cox Enterprises Director Bill Culpepper SePRO Corporation Director Rick Harrison SYM Financial Advisors Director Stan Hurt HVAC Distributor (ret.) Director Jamia Jacobsen American Behavioral Counseling Director Larry Lawhead Barnes & Thornburg LLP Director Muniver Singh Business Owner Director Reinhold Strnat Magnet -Physics Inc. Director Nancy Sutton Retired Director Dr. George Zack Lexington Philharmonic Orchestra (ret.) Director Kris Zaloudek Violin Teacher Orchestra Rep DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 f Exhibit G CARSMEL YMPHONY ORCHESTRA JANNA HYMES ARTISTIC DIRECTOR City of Carmel Arts Grant Program Final Report 2021-22 One of the Carmel Symphony Orchestra's (CSO) greatest assets is the opportunity to perform at the Palladium as the Resident Orchestra, and we value this partnership with the Center for the Performing Arts. It raises the artistic level of the orchestra and is a significant factor in our financial and artistic growth and success. The CSO's 2021-2022 season, our 46th, marked the fifth season for Maestra Janna Hymes, our Artistic Director. Guest artists who performed with the CSO last season included: Leah Crane, the Beatles Classical Mystery Tour, Orion Weiss, Jon McLaughlin, Byron Stripling, and Edgar Meyer. As is the national trend, season ticket sales were down significantly still due to COVID and venue restrictions. We continued to retained sponsors from the canceled concerts the prior season along with continued support of sponsors from past seasons. During our 2021-2022 season, we were able to add two new outreach venues: Cedar Creek Winery in Martinsville, Indiana and Coxhall Gardens, part of the Hamilton County Parks and Recreation. Cedar Creek Winery had us venture out to a new location on the Southside of Indianapolis and included several concert attendees that had never heard of the CSO before. This created a new database of potential donors and ticket buyers to the CSO in the Palladium. Our collaboration with the Hamilton County Parks and Recreation created a concert to remember on Labor Day weekend with the highest amount of purchased tickets for the CSO for one concert totaling approximately 1600 paid tickets. Our hope is to continue a collaboration to continue to perform at Coxhall Gardens in the future, as we now know the approximate amount this venue can hold for future collaborations and how the orchestra can perform at the centerpiece within the park. The CSO was one of the only professional orchestras in the state, the country, and even the world to continue to perform through this pandemic, and for that we thank the City of Carmel, our sponsors, and donors for continuing to support our arts organization. We unfortunately had to postpone two concerts from the 2021-22 season to the 2022-23 season due to the outbreak of the Omicron variant. Luckily, the guest artists we had scheduled were very accommodating and willing to do this including the Harlem Quartet and Serpentine Fire: the music of Earth, Wind, and Fire. Traditionally, concerts expenses are paid for by the sponsors, donors, grants, and ticket sales. However, with continued COVID protocols, we still had a major downfall of the amount of tickets we were able to sell in the Palladium. This caused a continued gap between expenses and income for our concerts. Therefore, we used $100,000 of the city grant to cover those expenses. DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 Because of community efforts to engage the orchestra in local activities, we spent 125,000 for musicians salaries as most of our concerts generated no income. The grant also assists in paying the salary of our Artistic Director and additional promotions by our media specialists. Finally, the orchestra is seeing tremendous growth, not only in our musicianship, but as well as leadership, administration, and board involvement. We continue to use this time to recalibrate our approach to sponsorships, individual donations, and ticket sales by creating a fresh interactive new website that encourages participation and donations while allowing us to gather contact information for further enhanced relationships. We have hired new staff to assist in the day to day operations and development of the CSO. We have added new board members who continue to help the CSO grow and be known in the Carmel community. The CSO continues to strive for excellence in the performing arts community, and to continue performing high quality performances for the City of Carmel and surrounding communities. DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57