HomeMy WebLinkAbout320725 1/11/2018 CITY OF CARMEL, INDIANA VENDOR: T361532
d t1 ONE CIVIC SQUARE INDIANA WIND SYMPHONY, INC CHECK AMOUNT: $****39,000.00*
CARMEL, INDIANA 46032 PO BOX 78592 CHECK NUMBER: 320725
9Mi0N�` INDIANAPOLIS IN 46268 CHECK DATE: 01/11/18
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1160 4355101 AGREEMENT 39,000.00 SUPPORT FOR THE ARTS
VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts. City Form No.201(Rev.1995)
ALLOWED 20 ACCOUNTS PAYABLE VOUCHER
Vendor T361532
INDIANA WIND SYMPHONY, INC IN SUM OF$ CITY OF. CARMEL
PO BOX 78592 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.
INDIANAPOLIS, IN 46268
Payee
$39,000.00
Purchase Order#
ON ACCOUNT OF APPROPRIATION FOR
Mayor's Office Terms
Date Due
PO# ACCT# DATE INVOICE#. DESCRIPTION
DEPT# INVOICE# Fund# AMOUNT Board Members ' DEPT# FUND# (or'note attached invoice(s)or bill(s)). AMOUNT
AGREEMENT 43-551.01 $39,000.00 1 hereby certify that the attached invoice(s),or 12/23/17 AGREEMENT $39,000.00
1160 101 Prior Year 1160 101
bill(s)is(are)true and correct and that the
materials or services itemiied thereon for
which charge is made were ordered and
received except
Monday,January 08,2018
Kibbe, Sharon•
Executive Office Manager
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• .
Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer
2018 Arts Grant Application Request December 1,2017
r
ARTS GRANT PROGRAM
AGREEMENT
This Grant Agreement (herein referred to as "Agreement") entered into by and between the City
of Carmel (the "City") and The Indiana Wind.Svmnhonv (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 ori behalf of Grantee, a not-for-profit corporation, I, Susan Ullom Hung rford
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 $ 3 9 a 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 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 letterfrom 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 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 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 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
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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 courtin 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:
Indiana/ hon ("Grantee")
By:
Printed N Office : 10 erford Title: IWS Board President
Date: 12/1/17
CITY OF CARMEL ("Grantor")
Z 1
By:
James Brainard,Mayor
Date: 2.3 �/��, '24
ATTEST:
Date:
If you have any question concerning the City of Cannel's 2017 Arts Grant Program,grant writing,guidelines or application materials,contact:
Sharon Kibbe,City of Cannel,One Civic Square,Cannel,IN 46032,Phone:317-571-2483,skibb @carmel.in.gov.
P.O.Box 78592,Indianapolis,IN 46268 4
www.IndianaWindSymphony.org