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Art Grant - Carmel Symphony Orchestra ,ARTOF CMq-4, 4ir a, pV tilt It I INM S,nx mmI G y sO tke ARTS GRANT PROGRAM AGREEMENT This Grant Agreement (herein referred to as "Agreement") entered into by and between the City of Cannel (the "City") and Carmel Symphony Orchestra (die "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, 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 $ a2OS, 000 • 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 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 (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 Cannel 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 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 perfortned 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. 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: Carmel Symphony Orchestra ("Grantee") By: Printed Name of Officer: Alan L. Davis Title: President & CEO Date: 2/27/2013 CITY F CARMEL ("Grantor") By' James Brainard, Mayor Datea a2V /�j ATTEST: Date: 0)u a 4- LP 1 ClD) J If you have any question concerning the City of Cartel's 2013 Arts Grant Program,grant writing,guidelines or application materials,contact: Sharon Kibbe,City of Cartel,One Civic Square,Carmel,IN 46032.Phone:317-571-2483,skibhe acarmel.in.gov. 4 Exhibit "A" An Application and Description of the Proposed Use of the Grant Funds APPLICANT: Name of organization: Carmel Symphony Orchestra Address: PO Box 761 , Carmel, IN 46082-0761 Telephone: 317-844-9717 Fax: 317-844-9916 Contact Person: Alan Davis Email: adavis@carmelsymphony.org APPLICATION AMOUNT: $ 205 , 000 Not to exceed 1/3 of previous year revenue/income DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: This grant is to partially fund the Carmel Symphony Orchestra ' s 2013-14 season. For a detailed discussion of the proposed use of funds and a report on how last year ' s funds were used and the impact of these funds, please see the attached grant narrative . By: Printed Name of Officer: Alan L . Davis Title: President & CEO Date: February 27 , 2013 (Additional pages may be added to Exhibit"A") 5 CARMEL SYMPHONY ORCHESTRA City of Carmel Arts Grant Application Narrative Exhibit A and Exhibit G Combined February 27, 2013 This grant from the city will provide either partial or total funding for these programs: • Two Sounds Exciting! elementary concerts where all Carmel-Clay fifth grade students hear orchestral music selected in consultation with elementary music teachers to supplement state music curriculum and are inspired to join their school's band or orchestra. • The CSO's performance at CarmelFest. • Presenting guest artists of national reputation. • Music for various civic events such as the Holiday Tree Lighting. • The YouthPASS program (children and students through high school can attend CSO concerts for $5). • Family Fun!— an interactive concert where young and young-at-heart are invited to sit on stage and experience music being made from a different perspective. • Increased marketing to heighten awareness of the CSO and the arts in Carmel. • Keeping tickets affordable for all of our community. During the past year the CSO performed for more than 28,000 adults and children at subscription concerts, educational concerts, and free public concerts such as CarmelFest. The CSO's upcoming season marks the 38th year of providing outstanding orchestral concerts to the citizens of Carmel and surrounding communities. Since the CSO's move to the Palladium, we have expanded our attendance to include people from outside the Indianapolis metropolitan area and even outside the state. Throughout its existence the CSO has remained committed 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 of national and international reputation such as Sylvia McNair, Cameron Carpenter, and Steven Kim, as well as local favorites like the Wright Brothers. PO Box 761,Carmel, IN 46082-0761 • carmelsymphony.org • info@carmelsymphony.org • 317.844.9717 City of Carmel page 2 The CSO is extremely proud of the fact that approximately 30% of our annual budget is earned income from ticket sales and contracted performances, placing the CSO above the national average for performing arts organizations. Furthermore, the CSO is well supported by the business community through concert sponsorships, gifts, matching contributions, and in-kind donations of services and office space. We are also proud of the fact that over the past 5 years patron giving (from o donor base made up of people of different socio- economic backgrounds and age groups) has increased 10% per year. Additionally, 100% of the Board and Staff, and a large number of musicians contribute to the annual fund. We are also extremely grateful to our professional musicians who choose not to be paid for their service to the CSO. Their contribution of uncompensated talent is valued at $106,000. The 2013-14 season will feature six concerts showcasing the CSO in the Palladium, as well as a separate Family Fun! concert. Highlights of this up-coming season will be a collaboration with Dance Kaleidescope; the vocal quintet, Five by Design (they were featured at last year's Boston Pops Holiday Concert); the return of Van Cliburn Competition finalist, Di Wu; concerts titled A Musical Valentine and Percussion Swings; and a performance of Carl Orff's dramatic Carmina Burana. 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 Young Artist Competition. This concert 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. The "family-friendly" atmosphere of the Carmel Symphony Orchestra's concerts has become our brand. As a result, the CSO 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 YouthPASS program have attracted 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. CSO ticket pricing and the YouthPASS means that the most two parents would pay to attend a concert with their family is around $50. As a result, CSO concerts draw more children and young adults than most other major Indiana orchestras. During the last season the CSO performed for more than 28,000 people. Furthermore, between our two major educational initiatives (Sounds Exciting! concert and the Kids Pass program) more than 3,000 children and students under the age of eighteen heard the CSO in concert this past season for just $5 or free. City of Carmel page 3 The CSO provides quality orchestral performances that contribute to the artistic growth and quality of life 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 Young Artists Concerto Competition. Sounds Exciting! is our signature educational concert 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 orchestra. Youth concerts draw more than 2,000 students from Hamilton and surrounding counties to the Palladium 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 the Carmel-Clay 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 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. During the 2013-14 fiscal year, the CSO will be continuing the process started last fall to create a new five-year strategic plan that will replace the strategic plan developed in 2007. Part of this plan will be a close examination of the CSO's development initiative. During the upcoming fiscal year, we anticipate working with the IUPUI School of Philanthropy and their grant program to hire an intern to begin an increased emphasis on raising new and additional funds for the CSO. 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.