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Art Grant - Gregory Hancock Dance Theatre %,049T s y;Fl ( 1 � +,.re ri I, ra'' Y\, tee 1 1 2.,- ii •NO 8w /HDANP' ARTS GRANT PROGRAM AGREEMENT This Grant Agreement (herein referred to as "A ment") entered into by-�-and between the City of Carmel (the "City') and grrgyatf itA'tot o _ D,q,0E-L 7 1-_-•S2E (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: 2/ -- // 1. That on behalf of Grantee, a not-for-profit corporation, I, A .5V .-' FGey 2.. , 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 $ 445, 00D• 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 arc 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. A" 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 (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 Cannel 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 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 2 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. I1. 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 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: ,e4ye e /` /{,t/(to 04_ Ui "t 7Z /ilc ("Grantee") B Printed Name of Officer: KLYZ5 71En, Fg,e7 Title: ret S1(16- 304 Pam/ oFti2Ec%2r Date: 32 — 2e 20 f3 CITY F CARMEL (("Grantor") By: ice-- James Brainard, Mayor Date-nit/ AT EST: Date: 'P115 3T (pi () If you have any question concerning the City of Carmel's 2013 Arts Gant Program,grant writing,guidelines or application materials,contact: Sharon Kibbe,City of Carmel,One Civic Square,Cannel,IN 46032,Phone:317-571-2483,skihhe( carmel.in,gov. 4 Exhibit "A" An Application and Description of the Proposed Use of the Grant Funds APPLICANT: /r ` Name of organization: L7 2cpo,a y ��o�-� Difecle t6e. Address: 32 `t ga-nd/f 77,2JV�_ ,z,,St, SN 44032 Telephone: 3/9 - g u1 y - Z E 6 O Fax: Contact Person: 2sg/ ,Z eq e o2 czar/5 �✓iuco�c. Email: 73� e S hc7/oh4i c . .✓Et APPLICATION AMOUNT: $ sdi Coo Not to exceed 1/3 of-previous year revenue/income DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: A /� /J4Ev ,''oos per 4o/ r, /e2/+NA (/7�dr ZO//7 �go 0/2>cci5 vo .VOA / /��. /�20d vLD /o /( ONIOUG �,r.tic< -`/9�,rdEf 7�,)2 / SEAsaio /�s ��ir` 2�sJa/E0f teri -fr< —itz/�/1,/41oN /J4GtcCS]ON.t L G7'�1 v Car+r4An� / /� /LEn�11+ L / /720a/ Cof�S� 2,Pds }�l L A �OA E6AN.,'c4 L. 5,4/fl/ts , 7 v ��r Gam,'// ol,15E� 4 o,zV1 ci /�y 79F5 4 //t)56S Byr— - Printed Name of Officer: S'2VGu 1 ey ozz_ Title: ":772i 5/c>'E.-); 7J/e_emeizr Date: OZ - ZO - ao/3 (Additional pages may be added to Exhibit"A") 5 Gregory Hancock Dance Theatre (GHDT) is unique in the Indiana arts community in several distinct ways and is excited to continue 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 financial support from the City of Carmel to help underwrite the 2013-2014 season including the expenses of GHDT's third 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. Becoming the resident professional dance company at The Tarkington at The Center for the Performing Arts was a bold new step for the company, however, this move has not been without sacrifice. While the company has attracted new audiences in Carmel, the company also lost some of its existing audience members with the move to Carmel. 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 GI-IDT and its programming, as well as enabling Carmel, 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 Carmel 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 with 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 2012-2013 season continues with UNDER THE BIG TOP at The Tarkington on April 5-6. 2013 and LEGENDS OF LOVE on June 28 & 29, 2013. 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 2013-2014 begins in October at The Tarkington with the presentation of GREGORY HANCOCK DANCE THEATRE at The Tarkington in a concert of some of the company's most critically acclaimed works. 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. All the rehearsals for this production take place at The Academy of GHDT in Carmel, IN. Every February the company presents a series of cabaret-style concerts at the Academy of GHDT in Carmel, IN. In April the company is back at The Tarkington with the audience requested return of SUPERHERO; the story of a man called Jesus. Due to the popularity and demand for this piece, GHDT is planning to make this production an annual event at The Tarkington and then add an additional concert in The Tarkington series as well. Closing the 2013-2014 season at The Tarkington will be a landmark event for Gregory Hancock Dance and the City of Carmel. GHDT will be producing Gregory Hancock's original new musical/ballet, LA CASA AZUL in collaboration with the Booth Tarkington Civic Theatre. With original music, lyrics and choreography by Gregory Hancock, additional lyrics by Kate Ayres and orchestral arrangements by Nicholas Cline, this world premiere of such a work in Indiana is unprecedented. Based on the life of Mexican artist Frida Kahlo, this full-length sung-through musical with contemporary dance has thrilled audiences with small excerpts presented at previous GHDT concerts. The presentation of the entire work has been highly anticipated for many years. GHDT is thrilled to finally be able to present this remarkable work in Carmel, Indiana at The Tarkington. Continuing strong support from the City of Carmel is vital for GHDT to continue to offer such groundbreaking performances and world premiere works to Central Indiana audiences. GHDT is one of only two full-time professional dance companies in the state of Indiana. We are proud to call Carmel our home and we desire to continue to become more deeply visible as one of Carmel's greatest artistic assets in our ever evolving and thriving community.