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Home My WebLink About210209 06/27/2012 CITY OF CARMEL, INDIANA VENDOR: Page 1 of 1 ONE CIVIC SQUARE CARMEL SYMPHONY ORCHESTRA CHECK AMOUNT: $200,000.00 CARMEL, INDIANA 46032 PO BOX 761 CARMEL, IN 46082 -0761 CHECK NUMBER: 210209 CHECK DATE: 6/27/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1401 4355101 2012 -07 200000.00 ARTS FUNDING PO Box 761 Carmel, IN 46082 -0761 (:C RMEL T 317.844.9717 SYMPHONY F 317.844.9916 ORCHESTRA info@cormelsymphony.org www.carmelsymphony.org INVOICE June 25, 2012 City of Carmel One Civic Square Carmel, IN 46032 INVOICE NUMBER: 2012 -07 JOB /PROJECT: 2012 Arts Funding Description Quantity Rate Total 2012 Arts Funding $200,000.00 $200,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TAX $0.00 Please make checks payable to: Carmel Symphony Orchestra TOTAL AMOUNT $200,000.00 p° Alan Davis President CEO e q 1bMO s ART'S GRANT PROGRAM AGREEMENT This Grant Agreement (herein referred to as "Agreement entered into by and between The City of Carmel (the City) and Carmel Symphony Orchestra (the Grantee), is executed pursuant to the terms and conditions set forth herein. In consideration of those mutual undertakings and covenants, the parties agree as follows: 1. That on behalf of Grantee, a not for profit corporation, I, Alan Davis an authorized representative of Grantee, am applying for a City of Carmel "Grantor Arts Grant. 2. Purpose of this Grant Agreement. The purpose of this Agreement is to enable the City to award a grant of 200,000 Dollars and 00 Cents ($XXX,XXX,XXX) 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. 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. A description of the proposed use of the grant funds (EXHIBIT A); 2. A budget for the calendar or fiscal year for which the grant is requested (EXHIBIT B); 3. Certified copies of incorporation as a not for -profit corporation under state law (EXHIBIT C); 4. A not for -profit application or determination letter from the U.S. Internal Revenue Service identifying that it is a not for profit corporation that is exempt from Federal income tax (EXHIBIT D); 5. Any audits, reviews or compilations available describing the financial condition of the Grantee (EXHIBIT E); 6. A list of the Grantee's board of directors and officers listed (EXHIBIT F). 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. 7. Year end review. Grantee agrees to provide the City of Carmel a year -end report for each year, describing how the grant was used and the impact of the dollars received. This 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. If the Grant amount is in excess of sixty thousand dollars ($60,000.00), the Grantee agrees to provide, at Grantee's cost, a review or audit of the grantee. Said review or audit shall be performed by a Certified Public Accountant "CPA who 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. 2 8. 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 Grantee with the graphics /logos necessary for compliance. 9. Statutory Authority of Grantee. The Grantee expressly represents and warrants to the State 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. 10. 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 or Federal law. 11. 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 -7.3. The Grantee agrees to provide documentation to the City that he /she /it has enrolled and is participating in the E- Verify program. Additionally, the Grantee is not required to participate if the Grantee is self employed and does not employ any employees. 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. 12. 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. 13. Relationship of Parties. The relationship of the parties hereto shall be as provided for in this Agreement, and neither Grantee nor any of its 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. 14. 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 3 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. 15. 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 Grantee By: Printed Name of Officer: Alan Davis Title: President CEO Date: April 9, 2012 CITY OF CARMEL "Grantor B J es Brainard, Mayor Date: o� ATTEST: hnK Date: Juy)ea 0 2J, a01 If you have any question concerning the City of Carmel's 2012 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, skibbegcarrncl in eov 4 Exhibit A CARMEL SYMPHONY ORCHESTRA April 9, 2012 BOARD OF DIRECTORS City of Carmel CHA 1 Civic Square CH�`,Ik PAUL Carmel, IN 46032 JIM STREETER VICE CHAIR The Carmel Symphony Orchestra is extremely grateful for the funding WENDY PHILLIPS provided by the City of Carmel in 2011. The CSO is requesting $200,000 SECRETARY for 2012. The grant will provide either partial or total funding for: SAIN OZDEMIR TREASURER DAN MORIARITY Presenting Guest Artists with a national reputation. PAST CHAIR Two Sounds Exciting! elementary concerts enabling all Carmel -Clay CRAIG GIGAX fifth grade students to hear live orchestral music. KEN HOWARD The annual CarmelFest concert. Music for various civic events such as the Holiday Tree Lighting. LAWRENCE E. LAVJHEAD The KidsPASS program (children and students through high school RUBY MENON can attend CSO concerts for $5) newly expanded to include high A. RIDGEWAY MILLER school students and renamed Youth PASS for 2012 -13. DAVID PETERSON Family Fun! an interactive concert where young and young -at- LINDA PLOPPER heart sit on stage during the concert. Affordable ticket pricing. ALAN POTASNIK Hiring a development professional to increase the CSO's JOERG SCHREIBER fundraising capacity to grow patron contributions and corporate JEANNE BOOK sponsorships. HONORARY _IFE MEMBEk Increased marketing to heighten public awareness of the CSO and ALAN DAVIS the arts in Carmel. PRESIDENT E CEO DAVID BOWDEN During this past year the CSO performed for more than 30,000 adults and ARTISTIC DIRECTO children at subscription concerts, educational concerts, and free public concerts such as CarmelFest. The CSO's upcoming season, marks the 37 year of providing outstanding orchestral concerts to the citizens of Carmel and surrounding communities. The Carmel Symphony Orchestra is dedicated to enhancing 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. For the current season, funding from the City of Carmel enabled the CSO to continue presenting guest artists with a national (and international) PO Box 761, Carmel, IN 46082 -0761 carmelsymphony.org info @carmelsymphony.org 317.844.9717 City of Carmel page 2 reputation such as renowned soprano, Angela Brown; Van Cliburn Competition finalist, Di Wu; violin prodigy, Stephen Kim, organ virtuoso, Cameron Carpenter, and the Indianapolis Children's Choir. Presenting artists of this caliber coupled with performing in the Palladium resulted in this year's audience averaging over 1,150 per concert. In addition, this season saw ticket sales increase from $150,000 last year to a projected $185,000 this year. The season prior to moving to the Palladium, ticket sales were $91,000. This means over the past two years the CSO has doubled earned income from ticket sales. The CSO is extremely proud of the fact that approximately 30% of the annual budget is earned income from ticket sales and contracted performances. This places the CSO well above the national average for performing arts organizations. In addition, the CSO receives support from the business community through concert sponsorships, gifts, matching contributions, and in -kind donations of services. Additionally, 100% of the board, 100% of the staff, and a vast majority of the musicians contribute to the annual fund. The highlight of the up- coming season will be internationally acclaimed soprano and recording artist, Sylvia McNair, singing holiday favorites. In addition, the CSO will again present Stephen Kim, the remarkable 16 year -old violinist who is receiving rave reviews throughout the world; the Wright Brothers, in a concert honoring America; and Cameron Carpenter as CSO Artist in Residence. He will be continuing his collaboration with the CSO to create and premiere new works for organ and orchestra commissioned by the CSO for Cameron Carpenter. These new arrangements will be based on popular and jazz standards. The 2012 -13 Season concludes with Beethoven's awe inspiring Ninth Symphony. The 2012 -13 season will feature six concerts showcasing the CSO in the Palladium, as well as a separate Family Fun! concert. As a result of our collaborations in concert and in recording with Michael Feinstein and our performance at the Gala Opening Concert, the CSO has reaffirmed our position as the ensemble of choice to provide accompaniment for various artists, including Feinstein, appearing at the Palladium. Funding from the City of Carmel helps to underwrite the CSO's subscription series of six "family- friendly" concerts (families with young children are encouraged to attend and children are made to feel welcome at all CSO concerts), and educational concerts for all 5 th grade students in Carmel -Clay schools, as well as other area school systems, private schools, and home schooled students. The separate Family Fun! concert features the winner of the CSO's Annual Young Artist Competition. This concert City of Carmel page 3 also offers "children" from two to 92 an opportunity to sit among the orchestra musicians to watch music being made up close. And, after the concert, the excitement spills over into the lobby where the newly inspired can try out orchestral instruments at a musical petting zoo. City funding also sponsors the CSO's performance at CarmelFest on the 4th of July and at various other civic and community events. As a "family- friendly orchestra," the Carmel Symphony Orchestra programs concerts that entertain and educate the broadest possible audience, including audiences who do not traditionally attend orchestra concerts. The CSO has been successful in attracting a broader age range than the typical 40 -60 year -old symphony orchestra patron. The eclectic programming, use of multi -media presentations, affordable ticket price and KidsPASS program (high school students and younger attend for $5) attracts family audiences from broad ethnic and socioeconomic backgrounds. At a recent CSO concert one -third of the audience was comprised of children 12 and under. The CSO has successfully positioned its concerts as accessible, affordable family entertainment in a way that can compete favorably with movies and other popular forms of family entertainment. As a result of our ticket pricing and the KidsPASS, CSO concerts draw more children and young adults than most other major Indiana orchestras. During the last season the CSO performed for more than 30,000 people. Furthermore, between our two major educational initiatives (Sounds Exciting! concert and the KidsPASS program) more than 3,000 children under the age of fourteen heard the CSO in concert this past season for free. The CSO provides quality live orchestral performances that contribute to the artistic growth of Carmel and the surrounding multi county metropolitan area. The CSO's focus on "family- friendly" educational programming is attracting new audiences and educating listeners who will become the arts patrons of this century. The CSO season is designed to enhance the educational mission of the orchestra. The education program has three key components: the Youth PASS, the Sounds Exciting! Elementary Concerts, and the Annual Young Artists Concerto Competition. The "family- friendly" atmosphere of our concerts has become the CSO's brand. Next season we are expanding our KidsPASS program and renaming it YouthPASS. The pass will now include students through high school allowing them to attend any concert for just $5. The Educational Concerts Sounds Exciting! is 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 City of Carmel page 4 orchestra. Youth concerts draw more than 1,500 students from Hamilton and surrounding counties to Carmel High School for the performances that showcase a wide range of orchestral repertoire. After this concert, teachers are surveyed. Additionally, the CSO has developed an advisory committee of music teachers from area schools to help the orchestra plan future programs and projects that will be a resource for teachers to use in supplementing the state music curriculum. The CSO nurtures the careers of young musicians through its annual Young Artist Concerto Competition. With corporate sponsor Meridian Music, the CSO conducts a juried competition open to any instrumental music student who lives in a county contiguous to Hamilton or Marion counties. Typically this competition draws applications from more than 40 talented elementary, junior high and high school students. The winner is presented in concert as a soloist with the orchestra. The winner also receives a $1,000 prize. With support from the City of Carmel, in 2007 the CSO was able to engage marketing counsel, resulting in the new brand including logo and graphics package implemented during the 2008 -09 season. This distinctive look and an increased emphasis on marketing and public relations from this 2007 initiative has resulted in much wider visibility for the CSO and the City of Carmel. The CSO is currently in the process of restructuring its development initiative. During 2012, we anticipate hiring a development professional to further enhance the fundraising capacity of the orchestra. In addition to funds provided by the city, the CSO is supported by a donor base made up of people of different socio- economic backgrounds and age groups. We are very proud of the fact that during these still struggling economic times, the CSO saw a 10% increase in individual donations. Funding from the City of Carmel will enable the Carmel Symphony Orchestra to continue to provide "family- friendly" symphonic music of the highest artistic level at prices that are affordable for all the residents of our community especially families and seniors. Sincerely, Alan Davis President CEO Exhibit B 2:57 PM Carmel Symphony Orchestra, Inc. 04/09/12 Accrual Basis Profit Loss Budget Overview July 2012 through June 2013 Jul '12 Jun 13 Ordinary Income /Expense Income Concert Income 225,000.00 Contracted Performances 27,000.00 Concert Sponsorship 55,000.00 Donations 57,150.00 Government 185,000.00 Grants 12,000.00 Program Advertisements 35,000.00 Fund Raising Events 0.00 Rebate 0.00 Young Artist 600.00 CD Purchase 720.00 Miscellaneous Income 0.00 In -Kind Contributions 170,400.0 Total Income 767,870.00 Artistic Expenses Season Artistic Expenses 246,392.16 Contracted Artistic Expenses 16,070.00 In Kind Contributions 170,400.00 Total Artistic Expenses 432,862.16 Gross Profit 335,007.84 Expense Advertising and Marketing 43,992.00 Community Service 1,000.00 Development 9,020.00 Dues and Subscriptions 3,030.00 Equipment Purchase 7,500.00 Equipment Rental (Non- Concert) 6,064.00 Insurance 4,175.00 Internet Expense 540.00 Licenses and Permits 4,910.00 Maintainence 1,200.00 Miscellaneous 600.00 Office Supplies 3,300.00 Payroll Expenses 149,160.08 Postage and Delivery 9,240.00 Printing and Reproduction 22,750.00 Professional Fees 45,265.00 Rent 1,500.00 Repairs 600.00 Telephone 1,860.00 Travel Ent 6,890.00 Utilities 1,680.00 Young Artist Competition 1,600.00 Total Expense 325,876.08 Page 1 of 2 I r TN �bMO s AR'T'S GRANT PR ®GRAM AGREEMENT This Grant Agreement (herein referred to as "Agreement entered into by and between The City of Carmel (the City) and Carmel Symphony orchestra (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, 1, Alan Davis an authorized representative of Grantee, am applying for a City of Carmel "Grantor Arts Grant. 2. Purpose of this Grant Agreement. The purpose of this Agreement is to enable the City to award a grant of 200,000 Dollars and 00 Cents ($XXX,XXX,XXX) 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. 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. A description of the proposed use of the grant funds (EXHIBIT A); 2. A budget for the calendar or fiscal year for which the grant is requested (EXHIBIT B); 3. Certified copies of incorporation as a not for profit corporation under state law (EXHIBIT C); 4. A not for profit application or determination letter from the U.S. Internal Revenue Service identifying that it is a not for -profit corporation that is exempt from Federal income tax (EXHIBIT D); 5. Any audits, reviews or compilations available describing the financial condition of the Grantee (EXHIBIT E); 6. A list of the Grantee's board of directors and officers listed (EXHIBIT F). 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. 7. Year end review. Grantee agrees to provide the City of Carmel a year -end report for each year, describing how the grant was used and the impact of the dollars received. This 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. If the Grant amount is in excess of sixty thousand dollars ($60,000.00), the Grantee agrees to provide, at Grantee's cost, a review or audit of the grantee. Said review or audit shall be performed by a Certified Public Accountant "CPA who 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. 2 8. 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 Grantee with the graphics /logos necessary for compliance. 9. Statutory Authority of Grantee. The Grantee expressly represents and warrants to the State 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. 10. 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 or Federal law. 11. 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 -7.3. The Grantee agrees to provide documentation to the City that he /she /it has enrolled and is participating in the E- Verify program. Additionally, the Grantee is not required to participate if the Grantee is self employed and does not employ any employees. 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. 12. 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. 13. Relationship of Parties. The relationship of the parties hereto shall be as provided for in this Agreement, and neither Grantee nor any of its 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. 14. 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 3 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. 15. 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 Grantee By: Printed Name of Officer: Alan Davis Title: President CEO Date: April 9, 2012 CITY OF CARMEL "Grantor By: E"f J es Brainard, Mayor Date: o 2 0� ATTEST: hn K Date: J ne, Rol If you have any question concerning the City of Carmel's 2012 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, skibbeng carmel.in.gov 4 Exhibit A (:CARMEL SYMPHONY ORCHESTRA April 9, 2012 BOARD OF DIRECTORS City of Carmel 1 Civic Square PAUL REIS C HA! R Carmel, IN 46032 JIM STREETER VICE CHAIR The Carmel Symphony Orchestra is extremely grateful for the funding WENDY PHILLIPS provided by the City of Carmel in 2011. The CSO is requesting $200,000 SECRETARY for 2012. The grant will provide either partial or total funding for: SAIN OZDEMIR TREASURER Presenting Guest Artists with a national reputation. PAST T CHAIR DAN H A I R RITY Two Sounds Exciting! elementary concerts enabling all Carmel -Clay CRAIG GIGAX fifth grade students to hear live orchestral music. KEN HOWARD The annual CarmelFest concert. Music for various civic events such as the Holiday Tree Lighting. LAWRENCE E. LAVJHEAD The KidsPASS program (children and students through high school RUBY MENON can attend CSO concerts for $5) newly expanded to include high A. RIDGEWAY MILLER school students and renamed Youth PASS for 2012 -13. DAVID PETERSON Family Fun! an interactive concert where young and young -at- LINDA PLOPPER heart sit on stage during the concert. Affordable ticket pricing. ALAN POTASNIK Hiring a development professional to increase the CSO's JOERG SCHREIBER fundraising capacity to grow patron contributions and corporate JEANNE BOOK sponsorships. HONORARY LIFE MEMBER Increased marketing to heighten public awareness of the CSO and ALAN DAVIS the arts in Carmel. PRESIDENT 8 CEO DAVID BOWDEN During this past year the CSO performed for more than 30,000 adults and F.RTISTIC DIRECTOR children at subscription concerts, educational concerts, and free public concerts such as CarmelFest. The CSO's upcoming season, marks the 37 year of providing outstanding orchestral concerts to the citizens of Carmel and surrounding communities. The Carmel Symphony Orchestra is dedicated to enhancing 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. For the current season, funding from the City of Carmel enabled the CSO to continue presenting guest artists with a national (and international) PO Box 761, Carmel, IN 46082 -0761 carmelsymphony.org info @carmelsymphony.org 317.844.9717 City of Carmel page 2 reputation such as renowned soprano, Angela Brown; Van Cliburn Competition finalist, Di Wu; violin prodigy, Stephen Kim, organ virtuoso, Cameron Carpenter, and the Indianapolis Children's Choir. Presenting artists of this caliber coupled with performing in the Palladium resulted in this year's audience averaging over 1,150 per concert. In addition, this season saw ticket sales increase from $150,000 last year to a projected $185,000 this year. The season prior to moving to the Palladium, ticket sales were $91,000. This means over the past two years the CSO has doubled earned income from ticket sales. The CSO is extremely proud of the fact that approximately 30% of the annual budget is earned income from ticket sales and contracted performances. This places the CSO well above the national average for performing arts organizations. In addition, the CSO receives support from the business community through concert sponsorships, gifts, matching contributions, and in -kind donations of services. Additionally, 100% of the board, 100% of the staff, and a vast majority of the musicians contribute to the annual fund. The highlight of the up- coming season will be internationally acclaimed soprano and recording artist, Sylvia McNair, singing holiday favorites. In addition, the CSO will again present Stephen Kim, the remarkable 16 year -old violinist who is receiving rave reviews throughout the world; the Wright Brothers, in a concert honoring America; and Cameron Carpenter as CSO Artist in Residence. He will be continuing his collaboration with the CSO to create and premiere new works for organ and orchestra commissioned by the CSO for Cameron Carpenter. These new arrangements will be based on popular and jazz standards. The 2012 -13 Season concludes with Beethoven's awe inspiring Ninth Symphony. The 2012 -13 season will feature six concerts showcasing the CSO in the Palladium, as well as a separate Family Fun! concert. As a result of our collaborations in concert and in recording with Michael Feinstein and our performance at the Gala Opening Concert, the CSO has reaffirmed our position as the ensemble of choice to provide accompaniment for various artists, including Feinstein, appearing at the Palladium. Funding from the City of Carmel helps to underwrite the CSO's subscription series of six "family- friendly" concerts (families with young children are encouraged to attend and children are made to feel welcome at all CSO concerts), and educational concerts for all 5t grade students in Carmel -Clay schools, as well as other area school systems, private schools, and home schooled students. The separate Family Fun! concert features the winner of the CSO's Annual Young Artist Competition. This concert City of Carmel page 3 also offers "children" from two to 92 an opportunity to sit among the orchestra musicians to watch music being made up close. And, after the concert, the excitement spills over into the lobby where the newly inspired can try out orchestral instruments at a musical petting zoo. City funding also sponsors the CSO's performance at CarmelFest on the 4th of July and at various other civic and community events. As a "family- friendly orchestra," the Carmel Symphony Orchestra programs concerts that entertain and educate the broadest possible audience, including audiences who do not traditionally attend orchestra concerts. The CSO has been successful in attracting a broader age range than the typical 40 -60 year -old symphony orchestra patron. The eclectic programming, use of multi -media presentations, affordable ticket price and KidsPASS program (high school students and younger attend for $5) attracts family audiences from broad ethnic and socioeconomic backgrounds. At a recent CSO concert one -third of the audience was comprised of children 12 and under. The CSO has successfully positioned its concerts as accessible, affordable family entertainment in a way that can compete favorably with movies and other popular forms of family entertainment. As a result of our ticket pricing and the KidsPASS, CSO concerts draw more children and young adults than most other major Indiana orchestras. During the last season the CSO performed for more than 30,000 people. Furthermore, between our two major educational initiatives (Sounds Exciting! concert and the KidsPASS program) more than 3,000 children under the age of fourteen heard the CSO in concert this past season for free. The CSO provides quality live orchestral performances that contribute to the artistic growth of Carmel and the surrounding multi county metropolitan area. The CSO's focus on "family- friendly" educational programming is attracting new audiences and educating listeners who will become the arts patrons of this century. The CSO season is designed to enhance the educational mission of the orchestra. The education program has three key components: the Youth PASS, the Sounds Exciting! Elementary Concerts, and the Annual Young Artists Concerto Competition. The "family- friendly" atmosphere of our concerts has become the CSO's brand. Next season we are expanding our KidsPASS program and renaming it Youth PASS. The pass will now include students through high school allowing them to attend any concert for just $5. The Educational Concerts Sounds Exciting! is 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 City of Carmel page 4 orchestra. Youth concerts draw more than 1,500 students from Hamilton and surrounding counties to Carmel High School for the performances that showcase a wide range of orchestral repertoire. After this concert, teachers are surveyed. Additionally, the CSO has developed an advisory committee of music teachers from area schools to help the orchestra plan future programs and projects that will be a resource for teachers to use in supplementing the state music curriculum. The CSO nurtures the careers of young musicians through its annual Young Artist Concerto Competition. With corporate sponsor Meridian Music, the CSO conducts a juried competition open to any instrumental music student who lives in a county contiguous to Hamilton or Marion counties. Typically this competition draws applications from more than 40 talented elementary, junior high and high school students. The winner is presented in concert as a soloist with the orchestra. The winner also receives a $1,000 prize. With support from the City of Carmel, in 2007 the CSO was able to engage marketing counsel, resulting in the new brand including logo and graphics package implemented during the 2008 -09 season. This distinctive look and an increased emphasis on marketing and public relations from this 2007 initiative has resulted in much wider visibility for the CSO and the City of Carmel. The CSO is currently in the process of restructuring its development initiative. During 2012, we anticipate hiring a development professional to further enhance the fundraising capacity of the orchestra. In addition to funds provided by the city, the CSO is supported by a donor base made up of people of different socio- economic backgrounds and age groups. We are very proud of the fact that during these still struggling economic times, the CSO saw a 10% increase in individual donations. Funding from the City of Carmel will enable the Carmel Symphony Orchestra to continue to provide "family- friendly" symphonic music of the highest artistic level at prices that are affordable for all the residents of our community especially families and seniors. Sincerely, Alan Davis President CEO Exhibit B 2:57 PM Carmel Symphony Orchestra, Inc. 04/09/12 Accrual Basis Profit Loss Budget Overview July 2012 through June 2013 Jul '12 Jun 13 Ordinary Income /Expense Income Concert Income 225,000.00 Contracted Performances 27,000.00 Concert Sponsorship 55,000.00 Donations 57,150.00 Government 185,000.00 Grants 12,000.00 Program Advertisements 35,000.00 Fund Raising Events 0.00 Rebate 0.00 Young Artist 600.00 CD Purchase 720.00 Miscellaneous Income 0.00 In -Kind Contributions 170,400.00 Total Income 767,870.00 Artistic Expenses Season Artistic Expenses 246,392.16 Contracted Artistic Expenses 16,070.00 In Kind Contributions 170,400.0 Total Artistic Expenses 432,862.16 Gross Profit 335,007.84 Expense Advertising and Marketing 43,992.00 Community Service 1,000.00 Development 9,020.00 Dues and Subscriptions 3,030.00 Equipment Purchase 7,500.00 Equipment Rental (Non- Concert) 6,064.00 Insurance 4,175.00 Internet Expense 540.00 Licenses and Permits 4,910.00 Maintainence 1,200.00 Miscellaneous 600.00 Office Supplies 3,300.00 Payroll Expenses 149,160.08 Postage and Delivery 9,240.00 Printing and Reproduction 22,750.00 Professional Fees 45,265.00 Rent 1,500.00 Repairs 600.00 Telephone 1,860.00 Travel Ent 6,890.00 Utilities 1,680.00 Young Artist Competition 1,600. Total Expense 325,876.08 Page 1 of 2 2:57 PM Carmel Symphony Orchestra, Inc. 04/09/12 Accrual Basis Profit Loss Budget Overview July 2012 through June 2013 Jul '12 Jun 13 Net Ordinary Income 9,131.76 Other Income /Expense Other Income Interest Income 3,320.00 Total Other Income 3,320.00 Other Expense Bank Service Charges 4,800.00 Total Other Expense 4,800. Net Other Income 1,480. Net Income 7,651.76 Page 2 of 2 Exhibit C r' SS -0O2 STATE OF INDIANA OFFICE OF THE SECRETARY OF STATE To Whom These Presents Come, Greeting: CERTIFICATE OF .INCORPORATION CARMEL SYMPHONY ORCHESTRA, 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 form prescribed by this Office, prepared and signed in duplicate by the Incorporators) 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 1 have endorsed m approval upon the duplicate copies of such Articles; that all fees have been paid as required by law; that one copy ofsuch Articles has been filed in this office; and that the remaining copy(ies) of such Articles bearing the endorsement of my approval and filing 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, I 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 axed the seal of the State of Indiana, at the City of 10th Indianapolis, this day of December 76 l 4ARRY A. C NRAD, tart' of State B Deputy, Exhibit D Internal Revenue Service Departrnent of the Treasury District Director Hate: MAY i 1979 Our E_eNer Dated: November 17, 1977 Person to Contact: Delores A. Dunn:sah Contact TOephone Number: Carmel Symphony Orchestra, Inc. 513 -684 -3578 410 Second Avenue NE Carmel, IN 46032 CIN: FO: '791 0 b 0 Gentlemen: This modifies our letter of the above date in which we stated that you would treated as an organization which is not a private foundation, until the expiration of your advance ruling period. Based o the in formation you submitted, we have determined that you are n a private foundat wit hin the meaning of section 500(a) of the Internal Revenue Code, because you are an organization of the type described Your exempt status und s ection 501(c) (3') 6 the 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 g� a�(1) organization. Because this letter co-._ld help resolve any questions about your ,-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. Sincerely yours, 170(b) (1) (A) (vi) cc: Alan J. Dansicer 2700 Indiana Tower. One Indiana Square D. L. James, Jr. Indianapolis, IN 46204 District Director This mo d ific ation letter supersedes our letter dated Janua 1 _5 19 79_, wh_i, clas sified you as �a. Drivate founda P.O. Box 2508, Cincinriati, Ohio 45201 Letter 1050 (DO) (7 Exhibit E o focusing on the future Carmel Symphony Orchestra, Inc. Financial Statements June 30, 2011 ent imler cpa eicpaxom TABLE OF CONTENTS INDEPENDENT AUDITORS' REPORT 1 FINANCIAL STATEMENTS: STATEMENT OF ASSETS AND NET ASSETS CASH BASIS 2 STATEMENT OF SUPPORT, REVENUES, EXPENSES, AND CHANGES IN NET ASSETS CASH BASIS 3 NOTES TO FINANCIAL STATEMENTS ............................4 -6 SUPPLEMENTARY INFORMATION: SCHEDULE OF EXPENSES 7 0 o 0 ent imler cpa 8555 N. River Road, Suite 300 Keystone At The Ciossing Indianapolis, IN 46240 p: 317.842.4466 f: 317.577.7724 eicpaxorn INDEPENDENT AUDITORS' REPORT To the Board of Directors of Carmel Symphony Orchestra, Inc.: We have audited the statement of assets and net assets cash basis of Carmel Symphony Orchestra, Inc. (a nonprofit organization) as of June 30, 2011 and the related statement of support, revenues, expenses, and changes in net assets cash basis for the year then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As described in Note 1, these financial statements were prepared on the cash basis of accounting and are not intended to be presented in conformity with accounting principles generally accepted in the United States of America. In our opinion, the financial statements referred to above present fairly, in all material respects, the assets and net assets of Carmel Symphony Orchestra, Inc. as of June 30, 2011 and the support, revenues, expenses, and changes in net assets cash basis for the year then ended, on the basis of accounting described in Note 1. Our audit was made for the purpose of forming an opinion on the basic financial statements taken as a whole. The supplementary statement is presented for the purpose of additional analysis and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. Ent: Imler CPA, PC Indianapolis, Indiana February 1, 2012 CARMEL SYMPHONY ORCHESTRA, INC. STATEMENT OF ASSETS AND NET ASSETS CASH BASIS JUNE 30, 2011 ASSETS CURRENT ASSETS: Cash 232,702 Total Current Assets 232,702 OTHER ASSETS: Beneficial interest in assets held by others 69,089 Total Other Assets 69,089 301,791 LIABILITIES AND NET ASSETS NET ASSETS: Unrestricted 232,702 Permanently restricted 69,089 Total Net Assets 301,791 301,791 See independent auditors' report and accompanying notes to the financial statements 2 CARMEL SYMPHONY ORCHESTRA, INC. STATEMENT OF SUPPORT, REVENUES, EXPENSES, AND CHANGES IN NET ASSETS CASH BASIS YEAR ENDED JUNE 30, 2011 Permanently Unrestricted Restricted Total SUPPORT AND REVENUES: Contributions and donations 77,321 77,321 Grants 44,812 44,812 Government support 184,000 184,000 Fund raising events 19,843 19,843 Concert and performance income 207,994 207,994 Corporate sponsorship 14,700 14,700 Program advertisements 36,465 36,465 In -Kind contributions 209,150 209,150 Interest income 3,869 3,869 Music sales 50 50 Miscellaneous income 420 420 Total Support and Revenues 798,624 798,624 EXPENSES: Program services 609,934 609,934 Supporting services 146,613 146,613 Total Expenses 756,547 756,547 CHANGE IN NET ASSETS 42,077 42,077 CHANGE IN VALUE OF ENDOWMENT 7,283 7,283 NET ASSETS, beginning of year 190,625 61,806 252,431 NET ASSETS, end of year 232,702 69,089 301,791 See independent auditors' report and accompanying notes to the financial statements 3 CARMEL SYMPHONY ORCHESTRA, INC NOTES TO FINANCIAL STATEMENTS JUNE 30, 2011 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of Business Carmel Symphony Orchestra, Inc. (the "Organization is a non profit organization organized in the state of Indiana and is primarily engaged to provide orchestral experience for all age groups, to train younger musicians, to create an interest in musical careers by performing in schools and in public concerts and to generally entertain and improve the cultural experiences available to all citizens in Hamilton County and nearby areas. Basis of Accounting The financial statements of the Organization have been prepared on the cash basis of accounting; consequently, certain revenues are recognized when received rather than when earned and certain expenses and purchases of assets are recognized when cash is disbursed rather than the obligation incurred. These financial statements are not intended to present the Organization's financial position and results of operations in conformity with accounting principles generally accepted in the United States of America. Basis of Presentation As required by Financial Statement Presentation Disclosure Topic of FASB ASC, the Organization is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. Net Assets The financial statements report amounts separately by class of net assets: Unrestricted net assets Unrestricted amounts are those, which are currently available by the Board for use in the Organization's activities. Temporarily restricted net assets Temporarily restricted expendable amounts are those, which are restricted by donors for specific purposes. The Organization had no temporarily restricted net assets at June 30, 2011. Permanently restricted net assets Permanently restricted amounts are those, which are subject to donor imposed stipulations that require that they be maintained permanently by the Organization. Generally, the donors of these assets permit the use of all or part of the income earned on the related investments for general or specific purposes. Permanently restricted net assets consist of endowment -type funds and investments that are required by the donors to be invested in perpetuity. Public Support and Revenue Annual campaign contributions are generally available for unrestricted use in the related campaign year unless specifically restricted by the donor. Grants and other contributions of cash and other assets are reported as temporarily restricted support if they are received with donor stipulations that limit the use of the donated assets. When a donor restriction expires, that is, when a stipulated time restriction ends or purpose restriction is accomplished, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions. 4 Contributions of donated services that create or enhance non financial assets or that require specialized skills, are provided by individuals possessing those skills and would typically need to be purchased if not provided by donation, are recorded at their fair values in the period received. Cash and Cash Equivalents For purposes of the statement of cash flows, the Organization considers all investments with a maturity of three months or less to be cash equivalents. In the normal course of business, the Organization may maintain cash held at financial institutions in excess of the Federal Deposit Insurance Corporation (FDIC) limit of $250,000. Investments Investments in marketable securities with readily determinable fair values and all investments in debt securities are reported at their fair values based on quoted prices in active markets (all Level 1 measurements) in the statements of financial position. Unrealized gains and losses are included in the change in net assets. Investment income and gains restricted by a donor are reported as increases in unrestricted net assets if the restrictions are met (either by passage of time or by use) in the reporting period in which the income and gains are recognized. Contributed Materials and Services Contributed services are recognized as contributions in accordance with Contributions Disclosure Topic of FASB ASC, if the services (a) create or enhance non financial assets or (b) require specialized skills, are performed by people with those skills, and would otherwise be purchased by the Organization. Contributions of tangible assets are recognized at fair value when received. The amounts reflected in the accompanying financial statements as in -kind contributions are offset by like amounts included in expenses or additions to fixed assets. The Organization received contributed professional services related to donated office and rehearsal space, accounting duties, graphic design and payroll services during the year ending June 30, 2011, with a fair market value on the dates of donation of $209,150. Volunteers provide program and fund raising services throughout the year that are not recognized as contributions in the financial statements since they do not meet the recognition criteria under Contributions Disclosure Topic of FASB ASC. Advertising Costs The Organization expenses advertising as incurred. Advertising expense was $34,449 for the year ended June 30, 2011. Estimates Management uses estimates and assumptions in preparing financial statements. Those estimates and assumptions affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues, expenses, gains, losses, and other changes in net assets during the reporting period. It is least reasonably possible that the significant estimates used will change within the next year. Actual results could differ from those estimates. Income Taxes The Organization is exempt from federal income taxes under Section 501(c)(3) of the U.S. Internal Revenue Code. However, the Organization does pay income tax on unrelated business income. Federal and state income taxes on unrelated business income, if applicable, are provided at the statutory tax rates. 5 The Organization has adopted the provisions of Uncertain Tax Positions Disclosure Topics of FASB ASC, which prescribes a recognition threshold and measurement attribute for the financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return. Management continually evaluates expiring statutes of limitations, audits, proposed settlements, changes in tax law and new authoritative rulings when applicable. The Organization is unaware of any uncertainties or provisions needed for income taxes. NOTE 2 BENEFICIAL INTEREST IN ASSETS HELD BY OTHERS The Organization presents its beneficial interest in a portion of endowment -type funds in accordance with Fair Value Measurement Disclosure Topic of FASB ASC. The donors have instructed a local financial institution to hold and invest these funds, in order to preserve principal and make periodic distributions of the investment income to the charitable organization. Since the Organization has a beneficial right to receive a portion of the income from the permanent fund established under the donors' intent, the funds are included in the statement of financial position at their market value and as permanently restricted net assets. Changes in the market value of the funds are presented in the statement of activities as net changes in beneficial interest in assets held by others. Investment income received from these funds is available for use in the normal operations of the Organization. NOTE 3 OPERATING LEASE The Organization leases a copier for $447 per month. The lease terms are approximately 5 years and expire by August 31, 2014. Lease expense was $7,124 for the year ended June 30, 2011. Future minimum lease payments are as follows: Year Amount 2012 5,367 2013 5,367 2014 and thereafter 895 11,629 NOTE 4 SUBSEQUENT EVENT In preparing these financial statements, the Organization has evaluated subsequent events and transactions for potential recognition or disclosure through February 1, 2012, the date the financial statements were available to be issued. 6 CARMEL SYMPHONY ORCHESTRA, INC. SCHEDULE OF EXPENSES YEAR ENDED JUNE 30, 2011 Program Services: Advertising and marketing 34,449 Concert expenses 62,790 Licenses and permits 1,659 Program services salaries 170,726 Payroll taxes 18,262 Contract Services 58,508 Donated services 209,150 Printing and reproduction 15,540 Public relations consulting 10,905 Program book sales 15,828 Fundraising expenses 10,702 Awards 1,415 Total Program Services 609,934 Supporting Services: Bank charges 2,869 Community service 850 Due and subscriptions 1,584 Equipment 3,437 Equipment rental 5,744 Insurance 3,778 Internet 540 Meetings 3,676 Office supplies 3,484 Office payroll 85,000 FICA tax 6,503 Postage and delivery 10,545 Accounting 9,450 Payroll service 411 Building repairs 317 Telephone 1,861 Travel and entertainment 3,672 Storage 1,380 Utilities 1,512 Total Supporting Services 146,613 See independent auditors' report and accompanying notes to the financial statements 7 Exhibit F 2011 -12 CSO Board ®t Directors REVISED 1.16.2012 Reis, Paul Krieg DeVault LLP 2012 Krieg DeVault LLP 238- 6293 -w 636 1507 -w 431 -0063 preiso_kdlegal.com Chair Partner 2nd 12800 North Meridian Street Suite 300 Carmel 46032 Streeter, Jim Streeter Consulting, LLC 2012 601 Allenhurst Circle 848- 5768 -h j 508 -2054 lames. streeter(a).att.net Vice Chair President 2nd Carmel 46032 Phillips, Wendy Carmel Clay Public Library 2012 Carmel Clay Public Library 814 3901 -w 571 4285 -w wphillips(a)carmel.lib.in.us Secretary Director 2nd 55 Fourth Avenue SE Chair, Carmel 46032 Governance Organization Committee Ozdemir, Sain 2012 4950 Limberlost Trace 627 -2763 sainozdemir(cDgmail.com Treasurer 1st Carmel 46033 Chair, Finance Committee Moriarity, Dan CSO Architects 2012 3628 Eden Place 848 7800 -w 574- 0957 -w 496 -0486 dmoriarity(o?csoinc.net Past Chair Principal 1 st Carmel 46033 575- 0848 -h I In aim Gigax, Craig Meridian Music 2012 Meridian Music 575 9588 -w 575 9727 -w cgigax(a)meridianmusic.com President 2nd 12725 Old Meridian Street Carmel 46032 Howard, Ken The College Network 2013 4607 Brookshire Parkway 566 2549 -w 566- 2691 -w khowardacollegenetwork.com 2nd Carmel 46033 573- 0995 -h kahoward(a?aol.com Lawhead, Larry Barnes Thornburg LLP 2014 Barnes Thornburg LLP 231 7262 -w 231- 7433 -w 370 -3852 lawrence.lawhead(a)btlaw.com Partner 1st 11 South Meridian Street Ilawheadng.indv.rr.com Indianapolis 46204 Menon, Ruby Robbins Geller Rudman Dowd LLP 2014 5386 North Grandin Hall Circle 347- rumenon(a)gmail.com Attorney 1st Carmel 46033 844 -2140 Miller, A. Ridgeway Crowe Horwath LLP 2014 5274 Chickasaw Court 706- 2686 -w 706- 2660 -w 697 -4375 Ridge. Mil ler(aDCroweHorwath.com CPA, Partner 1st Carmel 46033 566 1106 -h Ridge. MillerC'a.sbcglobal.net Peterson, David ERMCO Inc. 2014 14661 Parkhurst Drive 423 3850 -w 423 3851 -w 517 -0837 dpeterson(a)ennco.com Chair, Development Committee Vice President 2nd Westfield 46074 566- 1547 -h dpeterson0624(a).att.net Plopper, Linda Mayoral Appointee 2012 1205 East 126th Street 843- 0949 -h 523 -7066 Iplopper _yahoo.com 6th Carmel 46033 (1 -year term) Potasnik, Alan The Point Betsie Internetwork, LLC 2014 12482 Charing Gross Road 215- 7089 -w 215 7089 -w 376 -8273 alanp aashocktheweb.com Senior Partner 1st Carmel 46033 846 2863 -h alan(a)potasnik.com Schreiber, Joerg White Arrow Consulting LLC 2012 12340 Old Stone Drive 702 2353 -w 702- 2353 -c joerg @whitearrowconsulting.com Orchestra Rep President 4th Indianapolis 46236 826 1518 -h loschreibl(a)gmail.com 1- yearterm) Iwo Davis, Dr. Alan Carmel Symphony Orchestra 5233 West 15th Street 844 9717 -w 844 9916 -w 513 -5906 adavis a()carmelsymphoIn .org CSO President CEO Indianapolis 46224 244 1402 -h Bowden, Dr. David Carmel Symphony Orchestra 2967 Ramble Road West 812- 812- 812- david(g?davidbowden.us CSO Artistic Director Conductor Bloomington 47408 -1049 336 6488 -h 336 5488 -h 343 -8897 Last Update: 1/1612012 Company ID Number: 449401 THE E- VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Carmel Symphony Orchestra (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E- Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E- Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1 -9). For covered government contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E- Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104 -208, 110 Stat. 3009, as amended (8 U.S.C. 1324a note). Authority for use of the E- Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor with the FAR E- Verify clause to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E- Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E- Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E- Verify program or such other persons or entities who may be authorized by SSA as governed Page 1 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify Wray j P /sl/��gC�GL r my Company ID Number: 449401 by the Privacy Act (5 U.S.C. 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and non citizens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for employees through E- Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: Automated verification checks on employees by electronic means, and Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E- Verify process. 3. DHS agrees to make available to the Employer at the E- Verify Web site and on the E- Verify Web browser, instructional materials on E- Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E- Verify. DHS agrees to provide training materials on E- Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E- Verify program. DHS also agrees to provide to the Employer anti discrimination notices issued by the Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of employees' employment eligibility and for evaluation of the E- Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Page 2 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify Company ID Number: 449401 Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E- Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E- Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E- Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E- Verify program as a condition of continued use of E- Verify. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1 -9 procedures, with two exceptions: If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. 274a.2(b)(1)(B)) can be presented during the Form 1 -9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E- Verify at 888 464 -4218. If an employee presents a DHS Form 1 -551 (Permanent Resident Card) or Form I -766 (Employment Authorization Document) to complete the Form 1 -9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1 -9. The photocopy must be of sufficient quality to allow for verification of the photo Page 3 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify i i, Company ID Number: 449401 and written information. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1 -9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E- Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1 -9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1 -9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in good faith compliance with the terms and conditions of E- Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E- Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1 -9 and E- Verify system compliance inspections during the course of E- Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E- Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after the Form 1 -9 has been completed), and to complete as many (but only as many) steps of the E- Verify process as are necessary according to the E- Verify User Manual, or in the case of Federal contractors with the FAR E- Verify clause, the E- Verify User Manual for Federal Contractors. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1 -9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. Employers may initiate verification by notating the Form 1 -9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E- Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E- Verify procedures for pre employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E- Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article II.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer Page 4 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify b Yifiiu a Company ID Number: 449401 uses the E- Verify system for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, including notifying employees in private of the finding and providing them written notice of the findings, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E- Verify at 1- 888 464 -4218 or OSC at 1 -800- 255 -8155 or 1- 800 237 -2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA, as applicable, by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E- Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E- Page 5 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify .•"3 f ib,, '�.y Il�li�� Company ID Number: 449401 Verify. If the Employer has any questions relating to the anti discrimination provision, it should contact OSC at 1- 800 255 -8155 or 1- 800 237 -2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1 -9 or to print the screen containing the case verification number and attach it to the employee's Form 1 -9. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E- Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E- Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1 -9 and other employment records and to interview it and its employees regarding the Employer's use of E- Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E- Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E- VERIFY CLAUSE 1. The Employer understands that if it is a subject to the employment verification terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors. Once an employee has been verified through E- Verify by the Employer, the Employer may not reverify the employee through E- Verify. a. Federal contractors with the FAR E- Verify clause agree to become familiar with and comply with the most recent versions of the E- Verify User Manual for Federal Contractors and the E- Verify Supplemental Guide for Federal Contractors. b. Federal contractors with the FAR E- Verify clause agree to complete a tutorial for Federal contractors with the FAR E- Verify clause. c. Federal contractors with the FAR E- Verify clause not enrolled at the time of contract award: An Employer that is not enrolled in E- Verify at the time of a contract award must enroll as a Federal contractor with the FAR E- Verify clause in E- Verify within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E- Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, Page 6 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify Company ID Number: 449401 whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E- Verify as a Federal contractor with the FAR E- Verify clause, the Employer must initiate verification of employees assigned to the contract within 90 calendar days from the time of enrollment in the system and after the date and selecting which employees will be verified in E- Verify or within 30 days of an employee's assignment to the contract, whichever date is later. d. Employers that are already enrolled in E- Verify at the time of a contract award but are not enrolled in the system as a Federal contractor with the FAR E- Verify clause: Employers enrolled in E- Verify for 90 days or more at the time of a contract award must use E- Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. Employers enrolled in E- Verify as other than a Federal contractor with the FAR E- Verify clause, must update E- Verify to indicate that they are a Federal contractor with the FAR E- Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E- Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E- Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor with the FAR E- Verify clause in E- Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. e. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E- Verify clause that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors with the FAR E- Verify clause may, however, elect to verify all new hires, and /or all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. f. Verification of all employees: Upon enrollment, Employers who are Federal contractors with the FAR E- Verify clause may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only new employees and those existing employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E- Verify verification of all existing employees within 180 days after the election. g. Form 1 -9 procedures for existing employees of Federal contractors with the FAR E- Verify clause: Federal contractors with the FAR E- Verify clause may choose to complete new Forms 1 -9 for all existing employees other than those that are completely exempt from this process. Federal contractors with the FAR E- Verify clause may also update previously completed Forms 1 -9 to initiate E- Verify verification of existing employees who are not completely exempt as long as that Form 1 -9 is complete (including the SSN), complies with Page 7 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify L'y rille, f M Ve r a i m Company ID Number: 449401 Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1 -9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1 -9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form 1 -9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1 -9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1 -9 consistent with Article II.C.5, or update the previous 1 -9 to provide the necessary information. If section 1 of the Form 1 -9 is otherwise valid and up -to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1 -551) that expired subsequent to completion of the Form 1 -9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the Supplemental Guide for Federal Contractors. Nothing in this section shall be construed to require a second verification using E- Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor with the FAR E- Verify clause. 2. The Employer understands that if it is a Federal contractor with the FAR E- Verify clause, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by the E- Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it Page 8 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify m fy Verm _E S n Company ID Number: 449401 determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the E- Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. The Employer must review the tentative nonconfirmation with the employee in private. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non match, the Employer will send a copy of the employee's Form 1 -551 or Form 1 -766 to DHS for review by: Scanning and uploading the document, or Sending a photocopy of the document by an express mail account (paid for at employer expense). 7. If the Employer determines that there is a photo non -match when comparing the photocopied List B document described in Article II.C.5 with the image generated in E- Verify, the Employer must forward the employee's documentation to DHS using one of the means described in the preceding paragraph, and allow DHS to resolve the case. Page 9 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify E V r1f aw Company ID Number: 449401 ARTICLE IV SERVICE PROVISIONS SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E- Verify, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E- Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E- Verify program by DHS or SSA, including but not limited to the E- Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E- Verify User Manual, the E- Verify User Manual for Federal Contractors or the E- Verify Supplemental Guide for Federal Contractors. Even without changes to E- Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E- Verify clause may terminate this MOU when the Federal contract that requires its participation in E- Verify is terminated or completed. In such a circumstance, the Federal contractor with the FAR E- Verify clause must provide written notice to DHS. If an Employer that is a Federal contractor with the FAR E- Verify clause fails to provide such notice, that Employer will remain a participant in the E- Verify program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E- Verify clause, and will be required to use the E- Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor with the FAR E- Verify clause, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. Page 10 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify N Company ID (dumber: 449401 D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E- Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E- Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E- Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Page 11 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify E F Mv- Company ID Number: 449401 To be accepted as a participant in E- Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E- Verify at 888 464 -4218. Employer Carmel Symphony Orchestra A lan Davis Name (Please Type or Print) Title i i Electronically Si ned j 0 912012011 Signature Date i i D epartment of Homeland Security Verification Division I SCIS Verification Division N ame (Please Type or Print) Title I Electronically Signed 9/20/2011 S ignature Date I Information Required for the E- Verify Program Information relating to your Company: I I i Comp any Name:ICarmel Symphony Orchestra i i i Company Facility Address:11I 1st Ave NE I �armel, IN 46032 t i I I I I I Company Alternate Address: APO Box 761 I arnnel, IN 46082 -0761 I County or Parish: (HAMILTON Employer Identification I Number: X310918565 Page 12 of 13 1 E- Verify MOU for Employer i Revision Date 09/01/09 www.dhs.gov /E- Verify Company ID Number: 449401 North American Industry Classification Systems I Code. 711 Administrator, Number of Employees: O to 99 Number of Sites Verified for: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: o INDIANA I site(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Rachel C Gries Telephone Number: (317) 691 7529 Fax Number: E-mail Address: brqvla@,aol.com Name: Alan L Davis Telephone Number: (317) 844 9717 Fax Number: (317) 844 9916 E-mail Address: adavis@carmelsymphony.org Name: Denise R Ryan Telephone Number: (317) 844 9717 Fax Number: (317) 844 9916 E-mail Address: dryangcarmelsymphony.org Page 13 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify VOUCHER NO. WARRANT NO. ALLOWED 20 Carmel Symphony Orchestra IN SUM OF P. O. Box 761 Carmel, IN 46082 -0761 $200,000 ON ACCOUNT OF APPROPRIATION FOR Fund #504 Support for the Arts 3 0# Dept. INVOICE NO. ACCT #/TITLE A- MOUNT Board Members 504 5 0 4 2 0 0, 0 0 0. 0 Phereby certify that the attached invoice(s), or 6 bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Mayor Title Cost distribution ledger classification if claim paid motor vehicle highway fund Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Carmel Symphony Orch estra Purchase Order No. P. O. Box 761 Carmel, IN 46082 -0761 Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) '27/12 Agreement Support for the Arts $200,000.00 CC- 06- 18 -12 -01 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance pith IC 5- 11- 10 -1.6 20 Clerk- Treasurer