Gregory Hancock Dance/Art Grant/$30,000 �yy yt
4.1.1
ARTS GRANT PROGRAM
AGREEMENT + `
This Grant Agreement (herein referred to as "Agreement") entered into by and between The City
of Carmel (the City) and �.eE,da,M.vre(L. ai,�a��ngthe Grantee), is executed pursuant to the
terms and conditions set forth herein. In consideration of those mutual undertakings and
covenants, the parties agree as follows:
1. That Aires behalf of Grantee, a not-for-profit corporation, I,
,k r s VEA./ /C 9En. , an authorized representative of Grantee, am
applying for a City of Carmel ("Grantor") Arts Grant.
2. Purpose of this Grant Agreement. The purpos tk?s Agreement is to enable the
City to award a grant of$ Sc se?'"Qt°•°P t ee 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 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. 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 WFIEROF, the parties hereto have made and executed this Agreement as follows:
q` 29,, C ,srecL otyc[ /i76,/`in5' ("Grantee")
By: (t Lei
1 l�U'/ ,//�� m
Printed Name of Officer: /a5/FN AFs7 Title:/ Saft)iI, 8O4f20/o7 L--,26�oa j
Date: O y ' (2 - 20/2
CITY OF CARMEL ("Grantor")
� 7—z
By: °� i,-
James Brainard, Mayor
Date: It/ ?akz,
ATTEST:
1
:jig ,
Date: A(I 2,51(
if you have any question concerning the City of Carmel's 2012 Arts Grant Program,gant writing,guidelines or application materials,contact:
Sharon Kibbe,City of Carmel,One Civic Square,Carmel,IN 46032,Phone:317-571-2483,skibbe(tucarmel.in.gov_
4
EXHIBIT A
Gregory Hancock Dance Theatre (GHDT) is unique in the Indiana arts community in several
distinct ways and is excited to bring its work to Carmel audiences. GHDT is known for the
incorporation of classical dance forms with traditional, national, and ethnic dance forms. By
bringing audiences a new way to experience the grace and technique of ballet, the strength and
energy of modem dance, and by combining them with the heritage of varied cultures, GHDT
gives audiences a new way to experience dance. Through this unique commitment, opportunities
to explore the literature, music, and legends of other cultures are brought to Indiana audiences.
GHDT is requesting $50,000 to help underwrite the 2012-2013 season including the expenses of
GHDT's second season at The Tarkington at The Center for the Performing Arts. GHDT
presented its first concert of its premiere season, MY GYPSY SOUL, at The Tarkington in
October of 2011 and most recently SUPERHERO; the story of a man called Jesus at The
Tarkington. Both concerts have received accolades and were successful in attracting new
audiences, however, with the company's move to Cannel, some audience members have been
lost. With the production of SUPERHERO, audiences have requested that this become an annual
Easter tradition at The Tarkington. Expenses in the new venue are high and GHDT is a
professional company so artists are compensated for 40-45 weeks of work per season.
Additional funding from the community, foundations, grants, and ticket sales are used to cover
production costs for all concerts throughout the season. All funding from the Arts Council of
Indianapolis and other Indianapolis-based support was stopped in 2009 when GHDT made the
commitment to make Carmel and Hamilton County its artistic home. GHDT is continuously
searching for additional funds within the Carmel community to take the place of lost funds.
By performing at The Center for the Performing Arts, Gregory Hancock Dance Theatre strives to
broaden the community's knowledge of GHDT and its programming, as well as enabling
Cannel, Hamilton County and Central Indiana the opportunity to experience professional dance
through the exciting and brilliant theatrical performances of GHDT. The company continues to
search for opportunities to reach into the community and energize our audiences about the arts —
especially dance, and to educate and inspire through thought-provoking and timeless tales.
GHDT is a professional modern dance company that has employed dancers in Cannel and
Hamilton County since 1998. While GHDT has had the opportunities to tour and perform
overseas, around the country and throughout Indiana, Carmel officially became the company's
home in the fall of 2009. After years of discussion with local city officials and plans developed
to become the professional resident dance company at The Tarkington, GHDT established itself
in Carmel with a new rehearsal space and Academy adjacent to The Center for the Performing
Arts. GHDT is excited to be a part of the new center and proud to be able to bring an
international, as well as local reputation for inspiring, theatrical, and moving productions to the
city of Carmel.
The 2011-2012 season concludes on June 29 & 30 with THE HUNCHBACK OF NOTRE
DAME at The Tarkington. The Board of Directors of GHDT is partnering with a fundraising
professional consultant to continue its search for new and additional funding for expenses of the
remaining concerts in the 2011-2012 season and for future productions.
GHDT brings years of experience in artistic excellence with the production of stunning concerts
to Carmel and The Center for the Performing Arts. Artistic excellence is the ability to bring
feelings and experiences to audiences through the deep exploration of the art from. For GHDT,
this is through dance. GHDT strives to communicate to its audiences through music and
movement, the intensities of human emotion and experience. Through multi-level story- telling
and the exploration of the physical boundaries of the body and how to move past them, GHDT
aims to impact each and every audience member with an emotional response and a revived
appreciation of the ability of the human body to express beauty, tragedy, death, love, and
triumph. Artistic excellence is achieved through dedication, hard work, perseverance, and
tenacity. Artistic excellence is possible when challenges become opportunities and adversities
are turned into occasions for growth. GHDT has continued to connect with Indiana audiences, as
well as audiences around the world, because of the passion of the director, dancers and Board to
persevere and thrive. It is through this dedication that the gifts of GHDT can be brought to
audiences at The Center for the Performing Arts and the community of Carmel and to continue to
enrich Central Indiana.
In addition to GHDT's professional theatrical programming and concerts, GHDT's programming
for youth and educational programs continues to impact students and student dancers throughout
Central Indiana starting with its annual all-student production of THE NUTCRACKER each
December. Summer intensive workshops and the year-round training Academy offers excellent
training plus performance opportunities. Through its pre-professional student company (G2),
young dancers who are aspiring and training to become professional dancers have opportunities
to learn and perform GHDT repertoire and to work with the professional dancers of GHDT.
The 2012-2013 begins in October at The Tarkington with the presentation of BY REQUEST, a
concert of pieces selected by patrons from an online survey. December features the annual
contemporary production of THE NUTCRACKER, presented at the Pike Performing Arts Center
(The Tarkington is NOT available for GHDT in December) by G2 and students of the Academy
of GHDT. Every February the company presents a series of cabaret-style concerts at the
Academy of GHDT. In April the company is back at The Tarkington with UNDER THE BIG
TOP, a story of a traveling gypsy circus. The 2012-2013 season will close at The Tarkington in
June with LEGENDS OF THE INDUS RIVER, a concert inspired by the culture of the Indus
River through India and Pakistan.
KXHI : IT :,
GREGORY HANCOCK DANCE THEATRE
Projected Budget 2012-2013 (Operational Budget)
EXPENSES CASH IN-KIND TOTAL
Exhibition/Production Expenses:
Artistic personnel $145,000 $35,000 $180,000
Technical personnel $25,000 $15,000 $40,000
Exhibition/production costs $20,000 $10,000 $30,000
Theatre Rental $32,000 $32,000
Marketing/PR Expenses:
Marketing/PR personnel
Marketing/PR production $17,000 $10,000 $27,000
Operational Expenses:
Space rental/mortgage (donated by the $/5,000 $15,000
Academy of
GHDT)
Utilities & maintenance $1,500 $1,500
Equipment/furniture $900 $900
Telephone/fax/internet $650 $650
Website maintenance $1,500 $1,500
General/Administrative
Expenses:
Admin.personnel $18,000 $18,000
Development personnel $4,000 $4,000
Development/fundraising $8,500 $8,500
Travel/transportation $5,000 $5,000_
Postage/mailing house $4,500 $4,500
Office supplies/materials $1,800 $1,800
Insurance $3,800 $3,800
Insufficient checks returned $150 $150
IN Labor Law posers and legal $400 $400
Audit $300 $300
Total Cash Expenses $290,000
Total In-Kind Goods/Services $85,000
TOTAL _ $375,000
GREGORY HANCOCK DANCE THEATRE
Projected Budget 2012-2013 (Operational Budget)
INCOME CASH IN-KIND TOTAL
Earned Income:
Admissions/Fees $112,000 $112,000
Subscription income $15,000 $15,000
Interest/Endowment Income $3,000 $3,000
Touring Performances $5,000 $5,000
Contributed Income:
Individual Contributions $21,000 $75,000 $96,000
Board Contributions $4,000 $5,000 $9,000
Corporate Contributions _ $15,000 $15,000
Foundation Support $31,000 $31,000
Fundraising/Special Events $19,000 $5,000 $24,000
Government Income:
Government support - federal
Government support - state $10,000 $10,000
Government support - local $35,000 $35,000
Other Income:
Internal Re-allocation $20,000 $20,000
Total Cash $290,000
Total In-Kind $85,000.00
TOTAL $375,000
RESOLUTION NO. BPW-12-19-12-08
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 Cannel, 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 vl day of aYL , 2012.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY: /^
bk4 I
Jame/Brainard, Presiding Officer
D.te/
Mary Ann urke, Member
Date: )
Js
Lori S. Watson, - ber
Date: qbe),_
ATTEST: A
, „-91
Dia- Cordray, [MCA lerk-Treasurer
Date: 792 -/
Z:1E Bass'My Oocuments BPW-Resolutions■20121Acknowledge GREGORY HANCOCK DANCE THEATER Agmt 12-18-12.d0002/18/2012 9:53 AM