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ARTS GRANT PROGRAM
AGREEMENT
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This Grant Agreement (herein referred to as "Agreement") entered into by and between The City
of Carmel (the City) and ja stnct„ita (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,
rtJ Y y , an authorized representative of Grantee, am
applying for a City of Carmel ("Grantor") Arts Grant.
2. Purpose of this Grant Agreement, The pu se this Agreement is to enable the
City to award a grant of$ 4 3/ 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 Cannel 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.
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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. The Grantee agrees
to provide documentation to the City that he/she/it has enrolled and is participating in
the F-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
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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 WI-IEROF, the parties hereto have made and executed this Agreement as follows:
'i iteAt_ tNDierrao, Cro3CE a3QMa4("Grantee")
By: • .. eta
Printed Name of •ffi 'r: .j— ay A . S ki/ Title: dim r�a5
Date: -/I d(2, I Z_
CITY OF CARMEL ("Grantor")
•
By:
James Brainard, Mayor
Date: II 7 811
ATTEST:
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Date: i Z81�77r
If you have any question concerning the City of Carmel 2012 Arts Grant Program,grant writing,guidelines or application materials,contact:
Sharon Kibbe City of Cannel,One Civic Square.Carmel.IN 46032,Phone:317-57l-2483,skibhencarmel.in.°ov.
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CENTRAL INDIANA DANCE ENSEMBLE
Members of Regional Dance America
Mid-States Regional Ballet Association•Honor Company
A S01(c)(3)not-for-profit organization
Suzann DeLay, Artistic Director
Exhibit A
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1142 Linden Lane • Carmel • IN • 46033
www.cidedance.org • cidedance @yahoo.com • (317) 844-7453
CENTRAL INDIANA DANCE ENSEMBLE
Members of Regional Dance America
Mid-States Regional Ballet Association•Honor Company
A 501(c)(3)not-for-profit organization
Suzann DeLay, Artistic Director
April 16, 2012
Honorable Mayor Brainard
Cannel City Hall
One Civic Square
Carmel, In 46032
Dear Mayor Brainard,
Central Indiana Dance Ensemble ("CIDE") completed another successful holiday run of
"The Nutcracker", our flagship event and a preeminent performance for ballet
organizations across Indiana. We presented our concert performance, "Mixed Rep" in
March, 2012 at the new Tarkington Theatre, performing selections from Payuifa as our
opening act as well as various works from the company's repertoire. On May 19th, the
Company will bring to life the full-length production of Coppelia also on the stage of The
Tarkington. All events are fully open to the public at a variety of locations across Cannel
and surrounding locations to encourage attendance and reach across the community. We
are honored to be a resident company with The Center for the Performing Arts.
The end to the 2011-2012 season is fast approaching and plans are well underway for our
educational dance series this summer. This year we have two renowned master teachers
traveling from California to instruct and teach the art of choreography at the CIDE
sponsored Summer Ballet Intensive. CIDE's Summer Ballet Intensive is open to any dancer
that is 10 years old and above, it is not limited to company members. Those attending will
participate in two weeks of intense ballet technique training as well as contemporary,
modern and jazz. Later in the summer, CIDE will be bringing in another renowned master
teacher for 5 days of intense choreography, technique and instruction techniques.
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 and 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. In recent years CIDE
has had three of its company members awarded contracts with professional dance
companies.
1142 Linden Lane . Carmel • IN • 46033
www.cidedance.org • cidedance @yahoo.com • (317) 844-7453
Each season, CIDE has also been honored and privileged to be a part of Carmel's annual
Christmas tree lighting ceremony to play its part in providing an enlightening show for the
citizens of Carmel.
CIDE ended the 2011 calendar year in a strong yet tenuous financial position and projects
similar trends for its current fiscal year, which ends June 30, 2012. Financial strength has
been a hallmark of our twelve years of existence and is due in large part to our fiscal
discipline, as illustrated by the fact we have only four paid positions, which includes the
Artistic Director, Assistant to the Artistic Director, Apprentice Director and a Youth
Company Director. These positions are also only on a part-time basis, with Suzann DeLay,
Casey Clark, Jessi Gomillion and Ashley Jones spending countless hours of training,
rehearsal, and performance time that doesn't work out to much on an hourly basis. They
work tirelessly with CIDE's dancers, who themselves demonstrate tireless commitment
during classes and rehearsals to meticulously prepare for each production performance and
better their own dance abilities.
CIDE's success can also be attributed to literally hundreds of hours of volunteer work, and
we consider ourselves extremely fortunate to have such a strong support network, including
dozens of volunteers who unselfishly dedicate hours of their valuable free time by helping
our annual performances run smoothly and spearheading our variety of fundraising
activities.
The final factor in CIDE's ability to exist and succeed as an organization is the loyal
support of our patrons and benefactors, who enjoy attending our events and generously
provide contributions, grants, and scholarships to help fund our daily operating activities
and ensure the well being 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. Yet despite our support base and fiscal discipline throughout our history, our
near-term outlook is not quite certain due to the downturn in both national and local
economies. Regrettably, our grants are down, revenue garnered from our fundraising
activities has flattened, and we are unsure that demand will be as strong for our upcoming
events as it has been historically.
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 $13,590 as detailed in
the following pages to allow CIDE to rejuvenate its assets and continue funding its
operations and remain a vital part of Cannel'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 Cannel youth and other area youth interested in
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 use and would greatly
appreciate your assistance.
Thank you very much for your time and please let us know if you require additional
information from CIDE or have any other questions. We look forward to continuing to
partner with the City of Cannel and remain a loyal component of its vibrant arts
community.
Sincerely,
�1 iSuzann De ay
Artistic Director
Central Indiana Dance Ensemble
Central Indiana Dance Ensemble, Inc.
Profit & Loss Budget Overview
July 2012 through June 2013
July 1, 2012-
June 30,2013
Income
41400- Direct Public Support
41470-Grants 5,500.00
41410•Corporate Contributions/Sponsorships 7,500.00
41450- Individual Contributions 5,070.00
—
Total 41400- Direct Public Support 18,070.00
41500• Fundraisers
47450-GALA 11,500.00
47500•March Show 5,300.00
47900-Scrip Income 5,000.00
Total 41500• Fundraisers 21,800.00
Total 45200• Dancer Dues/Fees 38,000.00
47000•Special Events
47120'Ticket sales 69,460.00
47124- Other Income from events 19,280.00
Total 47000- Special Events 88,740.00
Total 44400• Other Income 8,700.00
Total 46000- Investment Income 50.00
Total Income 175,360.00
Expense
62100' Professional Services
Total 62110•Artistic Professionals 58,300.00
62130•Web Design 2,000.00
62140•Accounting Fees 400.00
Total 62100• Professional Services 60,700.00
Total 63000• Managerial/administration 6,250.00
67400 Fundraising
67410• Facility and entertainment 7,000.00
67632•Other Fundraising Expenses 1,600.00
Total 67400- Fundraising 6,600.00
65070•Allocations/Assistance to other
65071 •Special Awards ' 5,000.00
65072-Char.Contribs to other org's. 1,300.00
65074' Scholarships to individuals 1,100.00
Total 65070'Allocations/Assistance to other 7,400.00
65000• Operations
62800• Facilities and Equipment 18,700.00
65010'Costumes and clothing 12,610.00
68300•Travel and Meetings 5,000.00
65090•Miscellaneous 2,850.00
Total 65000 Operations 39,16000
67000• Program Service expenses
67310'Theatre Rental 10,000.00
67311 • Lighting For Productions 10,700.00
67203' Hired Performers 5,000.00
67218' Scenery 4,800 00
67244•Advertising for shows 9,000.00
67234• Programs ' 2,200.00
67222-Tea expnese 2,300.00
67201 •Miscellaneous 5,800.00
67648•Videos and taping 3,450.00
Total 67000• Program Service expenses 53,250.00
Total Expense 175,360.00
Net Income 0.00
Page 1 of 1
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RESOLUTION NO. BPW-12-19-12-10
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING RECEIPT OF CONTRACT
WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to
enter into contracts; and
WHEREAS, pursuant to Indiana Code 36-4-5-3, the City's mayor shall sign all contracts of the City; and
WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable James C.
Brainard, has signed the City contract attached hereto as Exhibit A(the"Contract"); and
WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and
Safety for it to be publicly acknowledged, filed in the Clerk-Treasurer's Office, and made available to the public for
review.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as
follows:
1. The foregoing Recitals are incorporated herein by this reference.
2. The receipt of the Contract is hereby acknowledged.
3. The Contract shall be promptly filed in the office of the Clerk-Treasurer and thereafter made available to
the public for review. ((�� \
SO RESOLVED this I day of lbe_n/i(R N iY , 2012.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:lfl��
JFrries Brainard, Presiding Officer /
ate
S
M ry Burke, Member
Date: 2 / ^
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, A
Lori S. atso ' em er
Date: q1R 71 i3�
ATTEST:
I 41111
.L4.4 240
Dia : Cordray, IMCA, terk-Treasurer
Date:
Z:E Bass\My Documents\BPW-Re solutions 120121Acknowledge CENTRAL IND DANCE ENSEMBLE Agmt 12-18-12.dOCX12/182012 9:55 AM