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Art Grant - Central Indiana Dance/11,135 if m ARTS GRANT PROGRAM eke 1,4,o AGREEMENT p u This Grant Agreement (herein referred to as "Agreement") entered into by and between the City of Carmel (the "City") and Car-a( utiihKiA t>frni&� SEMa (p.c,(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, Jeffrey Sankey an authorized representative of Grantee, have applied for a City of Carmel ("Grantor") Arts Grant, said application attached hereto and made a part hereof as Exhibit"A." 2. Grant Agreement. The City; after review and recommendation by the Mayor and by the City Council, agrees to grant $ 11 , 135 . 0 0 to the Grantee for the eligible costs of the project (the "Project") or services as described in Exhibits "A" and "B" of this Agreement. The funds shall be used exclusively in accordance with the provisions contained in this Agreement. 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. 0 B. Grantee has attached all the following information, which it represents and warrants to be true and accurate, all which have been incorporated fully by reference: 1. An application and description of the proposed use of the grant funds (EXHIBIT A); 2. A budget for the calendar or fiscal year for which the grant is requested (EXHIBIT B); 3. Certified copies of incorporation as a not-for-profit corporation under state law (EXHIBIT C); 4. A not-for-profit application or determination letter from the U.S. Internal Revenue Service identifying that it is a not-for-profit corporation that is exempt from Federal income tax (EXHIBIT D); 5. Any audits, reviews or compilations available describing the financial condition of the Grantee, including IRS Form 990 for the previous calendar year or the attached Affidavit (EXHIBIT E); 6. A list of the Grantee's board of directors and officers listed (EXHIBIT F); 7. A Year End Report from the previous year IF Grantee received an Arts Grant from the City of Carmel in the previous calendar year, pursuant to paragraph 7 herein (EXHIBIT G). C. Any other grant conditions that City requires to be met by Grantee, specifically: 6. Grantor's right to request audit or review. Grantee shall submit to an audit or review by an independent Certified Public Accountant of funds at the City's request, and shall make all books, accounting records and other documents available at all reasonable times during the term of this Grant Agreement, and for a period of three (3) years after final payment of funds under this Agreement, for the purpose of an audit by the City of Carmel, the State of Indiana, or their designees. 7. Year end review. Grantee agrees to provide the City of Carmel a year-end report ("Year End Report") for each year, describing how the grant was used and the impact of the dollars received. 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 2 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. 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, upon request, 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. The Grantee agrees to provide documentation to the City that he/she/it has enrolled and is participating in the E-Verify program. The City may terminate for default if the Grantee fails to cure a breach of this provision no later than thirty (30) days after being notified by the State. 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 compensated officers, employees, contractors, subcontractors and/or agents are employees of City. The 3 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 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: C=niry e_ Ir b At-A tPrNtc-:�tt .tM tatt I l't_ ("Grantee") By: U Printed Name of ficer: —, &At-s t j Title: Bcta cs-'plat:c o R s � Date: o?/s7P--rt(4. J/ 7 C "Grant � Janes Brainard, M yor Date: � C- /y ATTEST: A Date: )f31dolf-1 If you have any question concerning the City of Carmel's 2014 Arts Grant Program,grant writing,guidelines or application materials,contact: Sharon Kibbe,City of Carmel,One Civic Square,Cannel,IN 46032,Phone:317-571-2483,skibbe n camicl.in.gnv. 4 EXHIBIT "A" Exhibit "A" An Application and Description of the Proposed Use of the Grant Funds APPLICANT: Name of organization: Cam- ape- I IQ it,' - L f-saw,e , I rv}Z Address: 499 5 ik-FL Et DLT— b2r J ?4 4Z cl-- Telephone: 3t7•-f3A4- 714C-3 Fax: 3i7 52t•-423° Contact Person: St-icy Email: e*, sa4Lkj@a Lite()• t.ertil APPLICATION AMOUNT: $ 3 MS, co Not to exceed 1/3 of previous calendar year revenue/income DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: 0 IILF a By: Printed- ame of ficer: 3 r Title: " ;,an PC- Date: -fr-c-b(zo A- (Additional pages may be added to Exhibit"A") 5 CENTRAL%INDIANA DANCE ENSEMBLE / Members of Regional Dance America Mid-States Regional [lalld Association•Honor Company A 501(c)(3)not-for-profit organization Suzann DeLay, Artistic Director February 28, 2014 Honorable Mayor Brainard Carmel City Hall One Civic Square Carmel, In 46032 Dear Mayor Brainard, First of all, Central Indiana Dance Ensemble (ODE) would like to thank the City of Carmel for honoring CIDE as a grant recipient in 2013. Through the city's generous support we were able to achieve our aspirations and provide quality dance instruction. In the spring of 2013, CIDE flew high above the stage in The Tarkington Theater as we presented two sold out performances of Peter Pan. This was the shining star to end of our 2012-2013 season. We opened our2013-2014 season with a successful holiday run of The Nutcracker, this event has become our flagship production and a preeminent performance among ballet organizations across Indiana. To complete the 2013-2014 season, CIDE will be presenting our concert performance, Mixed Rep in March, at The Tarkington Theatre. In this performance we will be featuring a work created by Mr. Tong Wang, "Wu", a work created by Ashley Sass, "Just Beneath the Surface" and a work created by Lisa de Ribere and re-staged by Richard Rein, "Koechel 320". Additionally, we are excited to be premiering a new piece "Bandinage" choreographed by Shama Eaton, an Alumna of CIDE and Carmel resident. Mixed Rep" will also feature various works created for the Company's repertoire performed by some of our younger dancers. On May 18th, the Company will bring to life the timeless treasure of The Sleeping Beauty. on the stage of The Tarkington Theater. All of CIDE events are fully open to the public and over the course of the year, performances are held at various locations across Cannel and the surrounding areas to encourage attendance enabling us to reach across the community. We are honored to be a Resident Company with The Center for the Performing Arts. The end to our 2013-2014 season is rapidly approaching and we are aggressively making plans for our educational dance series this summer. This year we have renowned master teachers traveling from Pittsburg Ballet and Dayton Ballet to instruct dancers at the CIDE sponsored Summer Ballet Intensive. CIDE's Summer Ballet Intensive is open to any dancer 4993 Deer Ridge Drive North • Carmel • IN • 46033 www.cidedance.org • info@cidedance.org • (317) 844-7453 that is 10 years of age and older, attendance is not limited to Company members. Dancers may opt to participate in one or two weeks of intense ballet technique training as well as contemporary, modern and jazz instruction. These master teachers will remain here for an additional week following the summer intensive to choreograph and set a piece on the Company. We are continually striving to grow our outreach program, in 2014 we plan to acquire the rights for a program that can be performed in local and outlying schools teaching diversity as well as recognizing and preventing bullying in the classroom, playground and everyday life. CIDE will require assistance from an educator to support with the creation or re- staging of the outreach program. Once the program is set, we will begin marketing the program to school administrators in Carmel and throughout Central Indiana. We know that this will be a valuable tool for the educational needs of Hoosier children. In the fall of 2013, CIDE gave back to the community by taking time out of our busy rehearsal schedule to volunteer at Gleaner's Food Bank. Our dancers, parents and artistic staff participated in Gleaner's Backsacks — Weekend Food For Kids program by packing bags of food to be distributed at schools throughout the area for children to take home over the weekend. In addition, CIDE presented Gleaner's with a donation of$1,853, representing portion of each regularly priced ticket sold to our 2013 Nutcracker performances. Central Indiana Dance Ensemble is a Carmel-based pre-professional Ballet Company. Each year through a rigorous and selective audition process, approximately 50 to 60 youth ® dancers between the ages of 10 and 18 are invited into the Company. On average, more than 80% of these talented CIDE Company members are residents of Carmel. Many have participated in local, regional and national ballet competitions. CIDE also provides training and opportunities for our dancers to win dance scholarships at prestigious universities and coveted dance programs across the United States. Graduates of CIDE can be found at Fordham University, University of South Carolina, Indiana University, University of Iowa, University of Utah, Ballet West, Pacific Northwest Ballet, and Houston Ballet. Each season, CIDE has also been honored and privileged to be a part of Carmel's annual Christmas tree lighting ceremony. We enjoy giving back and providing an entertaining show for the citizens of Carmel. • CIDE ended the 2013 calendar year in a strong yet tenuous financial position and projects similar trends for its current fiscal year, which ends June 30, 2014. Financial strength has been a hallmark of our fifteen years of existence and is due in large part to our fiscal discipline, as illustrated by the fact we have only four paid staff positions, including the Artistic Director, Assistant to the Artistic Director, Youth Company Director and Ballet Mistress. These positions are filled on a part-time basis, with Suzann DeLay, Casey Clark, Ashley Jones and Erika Cole spending countless hours of training, rehearsal, and performance time which does not translate into much of a salary if broken down on an hourly basis. The CIDE staff works tirelessly with CIDE's dancers, who themselves demonstrate a tremendous commitment through their attendance in classes and rehearsals fameticulously preparing for each production performance and to better their own dance abilities. We consider ourselves extremely fortunate to have a strong support network through our parent organization. Friends of CIDE. These volunteers unselfishly dedicate hundreds of hours by helping our annual performances run smoothly and spearheading our variety of fundraising activities. Having such a strong support network has continued to keep CIDE a solvent not-for-profit organization. The final factor in CIDE's ability to exist and succeed as an organization is the loyal support of our patrons and benefactors. Through their generosity and support by attending our events; their contributions, sponsorship, and scholarships help fund our daily operating activities and ensure the wellbeing and development of our dancers by securing practice space, supporting our Artistic Staff and Board, and engaging outside instructors and choreographers from the national dance community. Continued rejuvenation of our artistic portrayal and choreography of classical ballets ensures our dancers do not just maintain the status quo but continually challenge their physical and mental strength and stamina to meet the arduous requirements of national trainers, choreographers, and industry professionals. These valuable support networks help make the community aware of CIDE and help us fulfill our mission of providing cultural and educational enrichment to the Central Indiana Community. CIDE was honored to receive a grant from the City of Carmel in 2013 to recoup a portion of the cost of our summer programs last year. Regrettably, the grants and sponsorships we have received in recent years are still declining. We continue to host multiple fundraising events and activities each season however, revenue garnered from ® these activities has flattened. Also, we are unsure that demand will be as strong for our upcoming events as it has been historically. As a Resident Company at The Center for the Performing Arts, we thoroughly appreciate having a premiere facility in Central Indiana. The highly professional staff allows CIDE to present high caliber performances in the theater. With rising production costs, we have to compress our schedule so that we can effectively stay within our production budgets. Adding extra rehearsal times in The Tarkington Theater would give our dancers more time to familiarize themselves with the stage and be better prepared to perform. Having this extra time would enhance the performances that we present to the community. To that end we are looking to the City of Carmel for assistance in arts funding and are asking that the City of Carmel consider a financial contribution of S31,645 as detailed in the following pages to allow CIDE to rejuvenate its assets and continue funding its operations in order to remain a vital part of Carmel's arts community as a premiere, classical ballet performance option for Carmel residents. Our mission is to continually meet the dance educational needs for local Carmel youth and other area youth interested in the performing arts. Your assistance with funding our request will allow us to continue our mission. We sincerely appreciate your consideration and eagerly await your response. Attached you will find all of the required information that is requested. We could sincerely use the requested funding and would greatly appreciate your assistance. 0 Thank you very much for your time and consideration. Please let us know if you require additional information from CIDE or have any other questions. We look forward to 0 continuing to partner with the City of Carmel and remain a loyal component of its vibrant arts community. Sincerely, Suzann Slier DeLay Jeffrey Sankey Artistic Director Board of Directors. President Central Indiana Dance Ensemble, Inc. Central Indiana Dance Ensemble, Inc.