243428 3 /23/2015 CITY OF CARMEL, INDIANA VENDOR: 358997
ONE CIVIC SQUARE INTERNATIONAL TALENT ACADEMY CHECK AMOUNT: $`" 14,000.00`
CARMEL, INDIANA 46032 11398 REGENCY LANE CHECK NUMBER: 243428
CARMEL IN 46033 CHECK DATE: 03/23/15
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
504 4355101 2015 14,000.00 SUPPORT FOR THE ARTS
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ARTS GRANT:PROGRAM
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- AGREEMENT
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This Grant Agreement(herein referred-to as "A eement"� entered into by,and b tween the City
of :Carmel (the "City") and Tvuf�rt�.C� G vu's( ��t�;� �C�t c�e-1�
i TG (the
s "Grantee"),is executed pursuant to the terms and conditions set forth Herein. In consideration of
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r those mutual undertakings and covenants,.the parties agree as follows::
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I. That on behalf of Grantee, a not-for-profit corporation; I,`To,;:
an authorized representative of Grantee, have applied for City of. Carmel
("Grantor") Arts Grant, said application attached hereto and.made a part hereof as
Exhibit"A
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2. Grant Agreement. The.City,after review and recommendation by the Mayor and by
the City Council;agrees to grant$_:.1 4, 0 0 0..:0 0 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 iii:this Agreement. '
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3. Design and Implementation of Project. The.Grantee agrees to.use any and all grant
j' 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:
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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 full b reference:
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1. An application and description of the proposed use of the:grant funds(EXHIBIT
);
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,fromahe U.S. Internal Revenue
Service identifying that it is anot-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,:including most recent available IRS Form 990, and the attached
Affidavit(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 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
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previous year. If .the Grant amount .is in excess of sixty thousand dollars
$60 000.00 the Grantee agrees t
a o provide,at Grantee or a
( Grantee'scost a review udit of the
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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:bythe 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 22-54.7. The Grantee agrees
to provide documentation to the City that he/she/it has enrolled and:is participating in
the E=Verify program.
The City:may terminate for default if.the Granteefails to cure a breach of this
provision no later than thirty(3 0)-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
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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 remainin 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:
I �t'I 'I�I�GI '► '`vA� "{�.wt C% 'Grantee")
By: 101- ew,.t7.- K�v
Printed Name of Officer;
4vw�c.Z- n-1Gni_eAi &&iy{�t�
��'� �� '� Tltle
Date: l�9
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CITY OF CARMEL('Grantor")
By:
t James Brainard,Mayor
Date: 3/17/2015
ATTEST:
Date: 3/17/2015
If you have any question concerning the City of Carmel's 2015 Arts Grant Program,grant writing,guidelines or application materials,contact:
Sharon Kibbe,City of Carmel,One Civic Square,Carmel,IN 46032,Phone:3.17-571-2483,skibbe carmel.in.gov.
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VOUCHER NO. WARRANT NO.
ALLOWED 20
International Talent Academy
IN SUM OF$
11398Regency Lane
Carmel, IN 46033
$14,000.00
ON ACCOUNT OF APPROPRIATION FOR
Support For The Arts
PO#/Dept. INVOICE NO. ACCT#lrITLE AMOUNT Board Members
504 I Agreement I 43-551.01 I $14,000.00 1 hereby certify that the attached invoice(s), or j
bill(s) is (are)true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
Tuesday, March 17, 2015
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund
Prescribed by State Board of Accounts City Form No.201(Rev.1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service,where performed,dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units,price per unit,etc.
Payee
Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
03/17/15 Agreement $14,000.00
I hereby certify that the attached invoice(s), or bill(s), is(are)true and correct and I have audited same in accordance
with IC 5-11-10-1.6
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Clerk-Treasurer