The URL can be used to link to this page

Home My WebLink About253304 01/15/16 0%��,qMF� CITY OF CARMEL, INDIANA VENDOR: 00350189 ONE CIVIC SQUARE CARMEL SYMPHONY ORCHESTRA CHECK AMOUNT: $***210,000.00* :. � CARMEL, INDIANA 46032 760 3RD AVE.SW#102 CHECK NUMBER: 253304 ''',t.6N�` CARMEL IN 46032 CHECK DATE: 01/15/16 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 504 4355101 AGREEMENT 210,000.00 SUPPORT FOR THE ARTS E f NN - 04. i i i ARTS GRANT PROGRAM AGREEMENT This Grant Agreement(herein referred to as"Agreement' entered into by and between the City of Cannel (the "City") and Carmel Symphony Orchestra (the "Grantee"),is executed pursuant to the terms and conditions set forth herein. In consideration of those mutual undertakings and covenants,the parties agree as follows: 1. That on behalf of Grantee, a not-for-profit corporation, I, Alan Davis an authorized representative of Grantee, have applied for a City of Carmel ("Grantor") Arts Grant, said application attached hereto and made a part hereof as Exhibit"A." 2. Grant Agreement. The City, after review and recommendation by the Mayorand by the City Council, agrees to grant$ 210,0 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. Thefunds shall be used exclusively in accordance with the provisions contained in this.Agreement. r 3. Design and Implementation of Project. The Grantee agrees to use any and all grant i funds in accordance with the proposal contained within this agreement and any documents attached to this Agreement,which are incorporated by reference. i 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. f 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: i l 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, including most recent available IRS Form 990, and the attached Affidavit(EXHIBIT E); 6. A list of the Grantee's board of director's 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 8 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. Quarterly financial statements. Grantee agrees to provide the City of Carmel quarterly financial statements within 45 days after each quarter-end for Grant awards in excess of sixty thousand dollars($60,000). 2 n 8. 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 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, 9. 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. 10. 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. 11. 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. 12. 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. 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. 13. 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. 3 14. 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 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. 15. 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. 16. 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 Davis Title- President&CEO Date:November 30,2015 CITY OF CARMEL("Grantor") By: James'Brainard,Mayor Date:—January 8 , 2016 ATTF ,ST: Date: If you have any question concerning the City of Cannel's 2016 Arts Grant Program,grant writing,guidelines or application materials,Contact: Sharon Kibbe,city of Carmel,One Civic Square,Carmel,IN 46032,Phone:317-571-2483,skibbeCitIcarnicl.in.gov 4 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 Date Invoice# Description Amount Dept. Fund# (or note attached invoice(s)or bill(s)) 01/08/16 AGREEMENT $210,000.00 504 504 I hereby certify that the attached invoice(s),or bill(s), is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 , 20 Clerk-Treasurer VOUCHER NO. WARRANT NO. ALLOW ED 20 CARMEL SYMPHONY ORCHESTRA 760 3RD AVE. SW #102 IN SUM OF$ CARMEL, IN 46032 $210,000.00 i ON ACCOUNT OF APPROPRIATION FOR Mayor's Office PO#/Dept. INVOICE NO. I ACCT#/Fund AMOUNT Board Member I AGREEMENT I 43-551.01 I $210,000.00 1 hereby certify that the attached invoice(s), or 504 504 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 Saturday,January 09,2016 n Cost distribution ledger classification if claim paid motor vehicle highway fund