HomeMy WebLinkAbout320718 01/11/18 > CITY OF CARMEL, INDIANA VENDOR: 367455
® ONE CIVIC SQUARE INDIANA BALLET CONSERVATORY CHECK AMOUNT: $****20,000.00*
CARMEL, INDIANA 46032 849 WEST CARMEL DRIVE CHECK NUMBER: 320718
9MlrtiN. CARMEL IN 46032 CHECK DATE: 01/11/18
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1160 4355101 AGREEMENT 20,000.00 SUPPORT FOR THE ARTS
VOUCHER NO. WARRANT NO. Prescribed by state Board of Accounts City Form No.201(Rev.1995)
ALLOWED 20 ACCOUNTS PAYABLE VOUCHER
Vendor# 367455
IN SUM OF$ CITY OF CARMEL
INDIANA BALLET CONSERVATORY
849 WEST CARMEL DRIVE 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.
CARMEL, IN 46032
Payee;
$20,000.00
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 $20,000.00 1 hereby certify that the attached invoice(s),or 12/23/17 AGREEMENT $20,000.00
1160 101 Prior Year 1160 101
bill(s)is(are)true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
Monday,January 08,2018
Kibbe, Sharon
Executive Office Manager
hereby certify that the attached invoice(s),or bill(s),is(are)true and'correct and I have
audited same in accordance with IC 5-11-10-1.6
20
Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer
t'
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ARTS GRANT PROGRAM
AGREEMENT
reementered into by and between the City
This Grant Agreement (herein referred to as"Agreement") Cao �� ���� (the
of Cannel (the "City")
and �� '��-�-�.
"Grantee"), is executed pursuant to the terms and conditions set forth herein. In consideration of
those mutual undertakings and covenants,the parties agree as follows: o--A-ri`L-1-T--
1• That on behalf of Grantee, a not-for-profit corporation, 1, for a City of Carmel
an authorized representative of Grantee, have app
lied("Grantor") Arts Grant, said application attached hereto and made a part hereof as
Exhibit"A."
t A reement. The City, after review and recommendation by the Mayoantee for
and by
2 Gran g 0 0 0 .0 0 to the G
the City Council, agrees to grant$ 2 0
the eligible costs of the project (the "Project") or servicesed exclusively in accordance
"A" and "B" of this Agreement. The funds shall be u
with the provisions contained in this Agreement.
and all ant
3• Design and Implementation of Project. The
tamed Granteeagree
this withs to use in and any
funds in accordance with the proposal
documents attached to this Agreement,which are incorporated by reference.
fit status. Grantee hereby represents and warrants that it is a
4• Warranty of non-pro
nation letter from the Internal Revenue Service
not-for-profit entity with a determ
! declaring that it is exempt from Federal income ax.
a ent of this Grant by the City to the
5. Payment of Grant Funds by the City- The pym
i 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).
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g. Year-end review. Grantee agrees to provide the City of Carmel ayear-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 Grantees cost, a review or audit of the
grantee. Said review or audit shall be performed bountant
y
member of the Grantee's Board
("CPA')who is neither an employee of Grantee no .
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 th11 tod malyt upon
associated with a funded program or perials
roject. The City of Carmel pp
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.
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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
and agree that such court is the appropriate venue
in Hamilton County, Indiana only,
for and has jurisdiction over same.
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14. Relationship of Parties. The relationship of the partieshereto shall be
as provided
for in this Agreement, and neither Grantee nor any of its
employees, contractors, subcontractors and/or agents are maximum compensation yees of city. The
Grant amount set forth herein shall be the full and x
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 invalidrule of law,
or unenforceable under any
n such term shall be
statute,regulation, ordinance, executive order or other
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
hanyexhibits attached
to or
en
referenced herein, constitutes the entire agreement be antd City witrespect to the subject matter hereof, and supersedes all prior oral or _terittt n
representations and agreements regarding same. Notwithstanding any
other 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
ment,
referenced herein conflicts with any term or condition contained in this Agr
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.
the Parties hereto have made and executed this Agreement as follows:
IN WITNESS WHER®F,
"Grantee")
By: �
VA�,r�v.S Title:
Printed Name of Officer: �
Date: ! �f� i�
CITY
/O CARMEL ('Grantor"
By: f 4� l ��
James Brainard,Mayor
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Date: —_23
ATTEST:
Date: e
t writing,guidelines or application materials,contact:
} If you have any question concerning the City of Carmel's 2018 Arts Grant Program,gran
One Civic Square,Carmel,IN 46032,Phone:317-571-2483,skibb 9M9l_in.Qo_v
Sharon Kibbe,City of Carmel, .
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