HomeMy WebLinkAboutAdditional Arts Grant - Actors Theatre of Indiana CITY OF CARMEL
JAMES BRAINARD. MAYOR
February'23, 2023
Via email to:jreilly@atistage.org
atistage.org
Actors Theatre of Indiana, Inc.
510 3rd Avenue SW
Carmel. IN 46032
Attn: Jim Reilly
Dear Jim:
This letter refers to Arts Grant Program Agreement (the "Agreement"), between the City of
Carmel. Indiana("City")and the Actors Theatre of Indiana. Inc. ("ATI ") dated as of January 3.
2023.
I'm pleased to let you know that the City will make an additional grant to the ATI in the amount
of$42,720, which brings the ATI 's total 2023 City of Carmel Arts Grant amount to S213,60O.
Therefore, pursuant to Paragraph 16 of the Agreement, the City and the ATI hereby agree to
amend the Agreement as follows:
Paragraph 2 of the Agreement is deleted in its entirety and replaced by the following:
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."
Except as expressly provided in this letter, all terms and provisions of the Agreement are and
will remain in full force and effect and are hereby ratified and confirmed.
ONE CIVIC SQUARE. CARMEL, IN 46O 2 I OFFICE: 31--571.2 iO1 / FAX:317-S4.1.349S/WWW.CARMEL.IN.COV
If the foregoing accurately reflects our understanding, kindly sign and date this letter and return
to Sharon Kibbe. Once received, you may anticipate receipt of the grant check within a few
weeks.
Vert truly yours. .....L0
i
n
ames rainard
Mayor
Agreed to and accepted:
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ARTS GRANT PROGRAM
AGREEMENT
This Grant Agreement (herein referred to as "Agreement") entered into by and between the City
of Carmel (the "City") and ,/�G19 2S P. enF 7 i,�,✓�}, TAs= 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,�1/1M
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 $ 17 0 , 8 8 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.
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
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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.
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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:
14 n�J'J i,a,/4l(4`erantee")
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Pri d Name of Officer:f1-,c t� - 2..._Eiz_47Title: (../4
Date: // 1j/7_
I CITY OF CARMEL ("Grantor")
By:
James Brainard, Mayor
Date: 1/3/2023
ATTEST: 1/
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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,skibbe(recamiel.in.eov.
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Exhibit "A"
An Application and Description of the Proposed Use of the Grant Funds
APPLICANT:
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Address: J"(D 3 Ji )L0 . L.,/ '
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Telephone: Fax: k/fl
Contact Person: J I M
Email: .f (-r 4.4-i/cai47 YS✓✓•G,6 . D 26-
APPLICATION AMOUNT: � (�
DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS:
(Additional pages may be added to Exhibit"A")
Signature:
Printed Na - n f Officer: J
Title: C. (,7 z
Date: //
5
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 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 began presenting
two performances of their Christmas production in the Feinstein Cabaret.
Also, in honor of our 15th 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.
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 r
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.
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.
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
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
• 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
• 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.
EXHIBIT B
ACTORS THEATRE OF INDIANA
OPERATING BUDGET FOR FISCAL YEAR ENDING JULY 31,2023
INCOME
Earned Income
Admission/Ticket Income $ 180,000
Sponsorships $ 50,000
Other Income $ 10,000
Contributed Income
Individual/Corporate Contributions $ 60,000
Foundation Support 1 1 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 I $ 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 l 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