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ARTS GRANT PROGRAM s� �,
AGREEMENT best
This Grant Agreement (herein referred to as "Agreement") entered into by and between the City
of Carmel (the "City') and Actors Theatre of Indiana (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, James A. Reilly ,
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 $ 102 , 080 . 00 to the Grantee for
the eligible costs of the project (the "Project") or services as described in Exhibits
"A" and `B" of this Agreement. The funds shall be used exclusively in accordance
with the provisions contained in this Agreement.
3. Design and Implementation of Project. The Grantee agrees to use any and all grant
funds in accordance with the proposal contained within this agreement and any
documents attached to this Agreement, which are incorporated by reference.
4. Warranty of non-profit status. Grantee hereby represents and warrants that it is a
not-for-profit entity with a determination letter from the Internal Revenue Service
declaring that it is exempt from Federal income tax.
5. Payment of Grant Funds by the City. The payment of this Grant by the City to the
Grantee shall be made in accordance with the following conditions:
A. This Agreement must be fully executed and signed by both Grantee and Grantor.
B. Grantee has attached all the following information, which it represents and warrants
to be true and accurate, all which have been incorporated fully by reference:
1. An application and description of the proposed use of the grant funds (EXHIBIT
A);
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
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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.
I I. 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
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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:
Actors Theatre of India ("Grantee")
Pn ed Name of Officer: JamesillV Title: Executive Director
Date:
CITY F CI' VIEL ("Gr or")
By: 1 - (Low
James Brainardd`l yor
Date: 7 2 O/ L/
ATTEST:
Sirs '01:310tit 2
Date: 5)8 f o?O I LI
1f you have any question concerning the City of Cannel'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,skihhc V)carrnel.in.pnv.
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EXHIBIT "A"
Exhibit"A"
An Application and Description of the Proposed Use of the Grant Funds
APPLICANT:
Name of Organization: Actors Theatre of Indiana
Address: 510 3r1 Avenue SW, Suite D
Carmel, IN 46032
Telephone: 317-669-7983 Fax: 317-669-8083
Contact Person: James A. Reilly, Executive Director
Email: JReillyaactorstheatreofindiana.org
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APPLICATION AMOUNT: $ /JO, 0Ups -
DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS
The mission of Actors Theatre of Indiana (ATI) is to celebrate the power of theatre and
contribute to life in Central Indiana by offering high quality professional theatre performances
and programs that engage, inspire, educate and entertain. Building upon a foundation of
significant professional credentials, and based in The Studio Theater at Carmel's The Center for
the Performing Arts, ATI accomplishes this goal through the performance of highly acclaimed
productions and innovative community works. ATI is Hamilton County's only professional
equity theatre company and the City of Carmel's Resident Professional Theater Company.
Funds awarded by the City of Carmel will be used for operating support of Actors Theatre of
Indiana and its performances and programs in the City of Carmel.
The description of the proposed use of funds is contained in the follow'm r three pages.
B -1
Pr'fd Name of Officer: James A. Rei
Tit e: Executive Director
Date: February 28, 2014
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EXHIBIT A: Proposal Narrative
Actors Theatre of Indiana
February 28, 2014
Entertaining Their Audiences: ATI has provided nine seasons of high-powered productions,
world premieres, and Indiana premieres. Co-founders Cynthia Collins, Don Farrell and Judy
Fitzgerald are three professional actors, directors and choreographers with 75 years of combined
professional experience in such venues as Radio City Music Hall, Madison Square Garden, Off-
Broadway, National Tours, Las Vegas, International Tours, Regional Theatres and prestigious
universities (e.g. Cincinnati Conservatory of Music, New York University, Pennsylvania State
University, American Musical and Dramatic Academy and Collaborative Arts Project 21).
"Actors Theatre of Indiana has put itself at the top of the heap.:
It's also raised the bar for_production standards for every theater in town.".
rNtck Crews, Indianapolis Star
Living up to its moniker, "Broadway in Your Backyard", ATI co-founders regularly bring to
Carmel their professional colleagues from across the nation. In 2013 alone, Broadway musical
director Michael Rafter led the young actors' summer workshop. Railer returned in October
2013 to perform with two-time Tony Award-winner Sutton Foster(Thoroughly Modern Millie
and Anything Goes). Bradley Reynolds (nominee, 2010 TONY Award and Drama Desk Award
for Producing Broadway revival of Ragtime) performed in ATI's The Odd Couple and A Year
with Frog and Toad.
Championing University Scholarship: A growing relationship with Ball State University's
College of Fine Arts brought in December 2013 a concert reading to The Studio Theater of the
University's student-written musical CIRCUS IN WINTER, which is the winner of eleven
awards in 2012 at the ACTF/Kennedy Center Awards, including Outstanding New Work..
Serving the Carmel metropolitan community: To bring the arts to underserved audiences, select
performances are accompanied by a sign language interpreter. The annual holiday production of
A Year with Frog and Toad is a stage adaptation of the book series by Arnold Lobel, following
two creatures who maintain a close friendship despite their differences. The performance
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schedule is changing to accommodate families bringing very young children, and will include a
performance just for families whose children struggle with autism (in collaboration with the
Autism Society of Indiana). For those who cannot afford the price of tickets, readings and
performance excerpts will be held at the Carmel Public Library, free to the public.
Audience development. ATI's patrons range in age from 4 to 80 years old with those from age
45 to 70 years old comprising their current core market. ATI's primary service area for
productions and arts programs of 2013 covered the counties of Marion, Boone, and Hamilton,
though patron come from 50 other Indiana counties and five other states.
The 2014-2015 season:
13;t1' My Fair Lady, September 12 —28, 2014
"'. This classic Broadway musical is reinvented into a fresh new production
designed to fit the intimate Studio Theater! By stripping the show to its core,
the power, brilliance and humor of the original pour forth with new life. This
version of MY FAIR LADY will focus on Eliza's emotional journey and feature favorite songs
such as, Wouldn't 1t Be Loverly?, With a Little Bit of Luck, The Rain in Spain and 1 Could Have
Danced All Night.
Pete 'N' Keely, November 7—23, 2014
It's 1968! Pete Bartel and Keely Stevens are a hugely popular singing duo
who topped the charts in the late 'Fifties and early 60's. Now bitterly
�� ` divorced, they've reunited for a television special celebrating their lives and
careers. The only catch- they haven't spoken since their big breakup at Caesar's Palace five
years ago. Think Steve and Eydie with the antagonism of Sonny and Cher...then throw in a little
Lucy and Desi for comic relief and you have PETE 'n' KEELY!
Alfred Hitchcock's The 39 Steps, January 30 - February 15, 2015
�g 0'� WINNER! 2 TONY CDAWARDS! WINNER! BEST NEW COMEDY, Olivier
I,& Award WINNER! UNIQUE THEATRICAL EXPERIENCE, Drama Desk
y; Award. Mix a Hitchcock masterpiece with a juicy spy novel, add a clash of
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Monty Python and you have Alfred Hitchcock's TI-IE 39 STEPS.
s� A Year with Frog and Toad, December 12 - 28, 2014
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�0 They're back! After a long hibernation, Arnold Lobel's beloved characters
� have returned to hop from the page to the stage in Actors Theatre of
'just o�C7 1 0
�.J Indiana's charming holiday musical production of A YEAR WITH FROG
AND TOAD. Conceived by Adrianne Lobel, A YEAR WITH FROG AND TOAD remains true
to the spirit of the original stories as it follows two great friends, the cheerful and popular Frog
and the rather grumpy Toad through four fun-filled seasons.
•
Xanadu, May 1 —May 17, 2015
VYip OV �u This hilarious, roller skating, musical adventure about following your dreams
tJ IfV UI! despite the limitations others set for you, rolls along to the original hit score
composed by pop-rock legends Jeff Lynne and John Farrar, and includes,
Magic, All Over The World, Suddenly, I'm Alive, Evil Woman, Have You Never Been Mellow
and Xanadu, to name a few, and is based on the Universal Pictures' cult classic movie of the
same title, which starred Olivia Newton-John and Gene Kelly.
Thanks to the City of Cannel's support, ATI has made great strides, including the following:
• Began paying a portion of the salary of the Executive Director, a nonprofit management
expert previously serving in this role as a volunteer, which opens new fundraising
opportunities for ATI;
• Hired a Director of Marketing and Business Development;
• Increased season ticket subscribers by 103% from the prior season;
• Summer Intensive Theatre workshop for aspiring young artists led by theater professionals
and underwritten by an invitational grant from the National Endowment for the Arts;
• Increased ATI's donor database by 146%'
• Added five additional members to the Board of Directors who bring strong corporate
identities and professional connections to ATI.
End of application narrative to the City of Cannel.
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