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Carmel Symphony Orchestra/Grant App/200,000ARTS 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. EXH 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 Date: April 9, 2012 ATTEST: OULLt`r 'SUM- ► l K Date: r / 301 Title: President & CEO CITY OF CARMEL ( "Grantor ") By; J es Brainard, Mayor Date: „ fig , 7, .02 0/, 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, skibbe(c�carmel.in.gov. 4 BOARD OF DIRECTORS PAUL REIS CHAIR JIM STREETER VICE CHAIR WENDY PHILLIPS SECRETARY SAIN OZDEMIR TREASURER DAN MORIARITY PAST CHAIR CRAIG GIGAX KEN HOWARD LAWRENCE E. LAWHEAD RUBY MENON A. RIDGEWAY MILLER DAVID PETERSON LINDA PLOPPER ALAN POTASNIK JOERG SCHREIBER JEANNE BOOK HONORARY LIFE MEMBER ALAN DAVIS PRESIDENT & CEO DAVID BOWDEN ARTISTIC DIRECTOR CARMEL SYMPHONY ORCHESTRA April 9, 2012 City of Carmel 1 Civic Square Carmel, IN 46032 The Carmel Symphony Orchestra is extremely grateful for the funding provided by the City of Carmel in 201 1. The CSO is requesting $200,000 for 2012. The grant will provide either partial or total funding for: Presenting Guest Artists with a national reputation. • Two Sounds Exciting! elementary concerts enabling all Carmel -Clay fifth grade students to hear live orchestral music. • The annual CarmelFest concert. • Music for various civic events such as the Holiday Tree Lighting. • The KidsPASS program (children and students through high school can attend CSO concerts for $5) — newly expanded to include high school students and renamed YouthPASS for 2012 -13. • Family Fun! - an interactive concert where young and young -at- heart sit on stage during the concert. • Affordable ticket pricing. • Hiring a development professional to increase the CSO's fundraising capacity to grow patron contributions and corporate sponsorships. • Increased marketing to heighten public awareness of the CSO and the arts in Carmel. During this past year the CSO performed for more than 30,000 adults and children at subscription concerts, educational concerts, and free public concerts such as CarmelFest. The CSO's upcoming season, marks the 37th 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 5th 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 YouthPASS, 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 ( RESOLUTION NO. BPW- 07- 18 -12 -01 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY RATIFYING MAYORAL SIGNATURE ON CONTRACT WHEREAS, the executive officer of a municipality has the right and authority under Indiana law to enter into contracts on behalf of the municipal corporation; and WHEREAS, due to the exigencies of time, City of Carmel Mayor James Brainard executed that certain Arts Grant Program Agreement with the Carmel Symphony Orchestra ( "Contract "), attached and incorporated herein as Exhibit "A "; and WHEREAS, the City of Carmel Board of Public Works and Safety now desires to ratify the above actions of Mayor Brainard and to adopt the same as the act of the Board. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of Carmel, Indiana, that: 1. The foregoing Recitals are incorporated herein by this reference. 2. The actions of Mayor James Brainard in executing the Contract are hereby ratified and such actions are hereby approved and adopted by the Board as its own. Approved and Adopted this gjrk day of , 2012. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: N 0 I PRcsc N James Brainard, Presiding Officer Date: Lori S. Wat . n, ember Date WI- HO' �-- 1 M.ry A . Burk1eml7// e J Date: ATTEST: 62A0 1 1 ,f '-1. Or iana Cordray 1AMC, Clerk - Treasurer Date: 71/2 /1 Z [cb:lllsword:z :,e bassllll\' doct11110111SIbpw- resolIIII01 s,201?Irullfv IIII\or s signature - arts grant aerecllselll cso.doc:61 28/12]