Art Grant - Indiana Wind Symphony/11,135 (*7*
isCµi, It.0II
\`
Np
ARTS GRANT PROGRAM
�V
AGREEMENT `�\ ,eO
Dc-
This Grant Agreement (herein referred to as "Agreement") entered into by and between the City
of Cannel (the "City") and Indiana Wind Symphony (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:
I. That on behalf of Grantee, a not-for-profit corporation, I, Janice Schreibman
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 . 00 to the Grantee for
the eligible costs of the project (the "Project") or services as described in Exhibits
"A" and "Jr 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
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:
Indiana Wind Symphony
/� ("Grantee")
By: `
Janice Schreibman Secretary
Print Tame of Officer: Title:
February 28,2014
Date:
CITY CARME L ("Grantor")By: i,i
James Brainard, Mayor
Date: f75, �,.. 7 V '%/
ATTEST:
Oinian I<L602--
Date: 5)EJJa01q
If you have any question concerning the City of Canners 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,skihbcncarmel.in.gnv.
4
2014 Arts Grant Application Request February 28, 2014
Exhibit "A"
Application and Description of the Proposed Use
of the Grant Funds
P.O. Box 78592, Indianapolis, IN 46268 5 www.IndianaWindSvmphony.org
2014 Arts Grant Application Request February 28, 2014
Exhibit"A"
Application and Description of the Proposed Use of the Grant Funds
APPLICANT:
Name of organization: Indiana Wind Symphony
Address: P.O. Box 78592, Indianapolis, IN 46268
Telephone: 317-748-4802 Fax: 317-862-6452
Contact Person: Janice Schreibman, Secretary of the Board of Directors
Email: janschreibman@att.net
APPLICATION AMOUT: $23,000.00
DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS:
As a resident ensemble of the Palladium at the Center for the Performing Arts in
Carmel, the Indiana Wind Symphony (IWS) has entered the 16th season of
performing as Indiana's premier adult concert band, under the musical direction of
Dr. Charles Conrad. Our performances delight audiences, intertwining the musical
heritage of the classic community band with the innovation of the contemporary
wind ensemble repertoire, having achieved acclaim for several national and global
premier performances. The IWS is a wholly volunteer organization, including Dr.
Conrad, all board members, and each highly trained auditioned symphony musician.
These dedicated volunteers work together to bring audiences the highest level of
technical and musical expertise.
The IWS is respectfully requesting a grant in the amount of$23,000 to offset
operational costs for the Symphony, specifically related to the productions and
special events planned for the 2014-2015 season beginning July 2014. Our season
and performances are shaped by our mission, to "present artistic performances of
significant music for band and wind ensemble to the Central Indiana community."
Grant dollars will be used to help us to fulfill our mission in the following ways:
I. Host the Second Annual Carmel Festival of Concert Bands —July 2015
$12,000
Our commitment to generating performance opportunities for concert
bands and wind ensembles in the Central Indiana community is
embodied in spirit of the Carmel Festival of Concert Bands. This
collaborative event brings eight Indiana ensembles (approximately 500
musicians) together for one full day of concert band music performed for
the community at this outdoor concert held at the Carmel Gazebo (rain
P.O. Box 78592, Indianapolis, IN 46268 6 www.IndianaWindSymphony.org
2014 Arts Grant Application Request February 28, 2014
venue Palladium). The inaugural event was well received by audiences
and performers alike.
Support from the City of Carmel would help offset:
• Logistic expenses such as a sound system, security,
seating, etc.
• Printing and promotion expenses
• Feinstein Archives open with tours
II. Bring a Major Soloist to Perform with the IWS in the 2014-15 Season
$ 7,000
Our commitment to creating excellence in programming is evident at
each concert when you hear the ensemble perform at a level that far
exceeds the connotations of a hometown group of volunteer musicians.
To complement this high-level of artistic achievement, we wish to invite a
major soloist to perform with us during the 2014-15 season. Not only
will this take the performance to higher musical level, it may prove a
motivator for potential patrons to discover the IWS at the Palladium,
thereby growing our ticket revenue.
Support from the City of Carmel would help offset hiring a renowned
soloist who would also inspire students in this area.
III. Audience/Donor Development Reception
$ 4,000
Since becoming a resident ensemble at the Palladium, the IWS has
already enjoyed an expanded following from all over Central Indiana. A
main source of our operating income is generated from ticket sales. Our
innovative set for the upcoming season is intended to generate continued
growth in concert attendance, specifically young professionals. A revenue
stream we hope to grow is from individual donations. To accomplish
both, we hope to host another in a series of receptions to develop deeper
relations with our current audience members and donors, as well as,
continue our initiative to engage with young professionals, increasing
their experience of IWS performances at the Palladium, cultivating a love
of concert band genre of music and the value of having the arts as an
integral part of our community.
Support from the City of Carmel will help offset:
• A pre or post-concert reception at May 2015 concert
• Event promotion
• Catering
By: 4/l Ctif �tO�t
Printed Name of Officer: J nice S. Schreibman
Title: Secretary of the Board of Directors
Date: February 28, 2014
P.O. Box 78592, Indianapolis, IN 46268 7 www.IndianaWindSymphonv.org