Loading...
243428 3 /23/2015 CITY OF CARMEL, INDIANA VENDOR: 358997 ONE CIVIC SQUARE INTERNATIONAL TALENT ACADEMY CHECK AMOUNT: $`" 14,000.00` CARMEL, INDIANA 46032 11398 REGENCY LANE CHECK NUMBER: 243428 CARMEL IN 46033 CHECK DATE: 03/23/15 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 504 4355101 2015 14,000.00 SUPPORT FOR THE ARTS r j ARTS GRANT:PROGRAM ...... ..... . - AGREEMENT r This Grant Agreement(herein referred-to as "A eement"� entered into by,and b tween the City of :Carmel (the "City") and Tvuf�rt�.C� G vu's( ��t�;� �C�t c�e-1� i TG (the s "Grantee"),is executed pursuant to the terms and conditions set forth Herein. In consideration of 5 r those mutual undertakings and covenants,.the parties agree as follows:: i I. That on behalf of Grantee, a not-for-profit corporation; I,`To,;: an authorized representative of Grantee, have applied for City of. Carmel ("Grantor") Arts Grant, said application attached hereto and.made a part hereof as Exhibit"A 7 2. Grant Agreement. The.City,after review and recommendation by the Mayor and by the City Council;agrees to grant$_:.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. ' { 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: 1 'i i 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: � Y Y 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 2 II 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 t�' , II p , 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 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 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 15� J 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. 4 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 , 20 Clerk-Treasurer