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HomeMy WebLinkAbout320749 01/11/18 CITY OF CARMEL, INDIANA VENDOR: 357413 ii ONE CIVIC SQUARE MUSEUM OF MINIATURE HOUSES CHECK AMOUNT: $*****7,000.00* s. =4 CARMEL, INDIANA 46032 THOMAS LANDSHOF,DIRECTOR CHECK NUMBER: 320749 9.y. moo. 111 E MAIN ST CHECK DATE: 01/11/18 *dx CARMEL IN 46032-1823 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1160 4355101 AGREEMENT 7,000.00 SUPPORT FOR THE ARTS VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201(Rev.1995) ALLOWED 20 ACCOUNTS PAYABLE VOUCHER Vendor# 357413 -MUSEUM OF MINIATURE HOUSES IN SUM OF$ CITY OF CARMEL. .THOMAS LANDSHOF, DIRECTOR An invoice or bill to be properly itemized must show:kind of service,where performed,dates service .111 E MAIN ST rendered,bywhom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. CARMEL, IN 46032-1823 Payee. $7,000.00" Purchase Order# ON ACCOUNT OF APPROPRIATION FOR Mavor'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 $7,000.00 1 hereby certify that the attached invoice(s),or 12/23/17 AGREEMENT $7,000.00 1160 101 Prior Year 1160 101 bill(s)is(are)true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Monday,January 08,2018 " Kibbe, Sharon Executive Office Manager hereby"certify that the attached invoice(s),or bill(s),is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 20 Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer A e F4 1� s t� ARTS GRANT PROGRAM AGREEMENT This Grant Agreement(herein referred to as"Agreement") entered into by and between the City of Carmel (the "City") and ed gi� rn m lac"u re-L �Iou!,,as (the "Grantee'), is executed pursuant to the terms and conditions set forth herein. In consideration of those mutual undertakings and covenants,the parties agree as follows: 1. That on behalf of Grantee, a not-for-profit corporation, I, Bnr@ Wftlyit lltnyxer, an authorized representative of Grantee, have. applied for a City of Carmel ("Grantor") Arts Grant, said application attached hereto and made a part hereof as Exhibit"A." 2. grant Agreement. The City, after review and recommendation by the Mayor and by the City Council, agrees to grant$ 7,0 0 0.0 0 to the Grantee for the.eligible costs of the project (the "Project") or services as. described in Exhibits "A" and ")3" 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 letter from the Internal' Revenue Service declaring that it is exempt from Federal income tax. 5. Payment of Grant bands by the City. The payment of this Grant by the.City to the Grantee shall be made in accordance with the following conditions: 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 i fight to request audit oir ineview. 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 fiIIma ncaa l 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 � Yew°-end I°eview° Grantee agrees to provide the City of Carmel a year-end re ("Year End Report") for each year, describinghow the port Of the dollars received. This Grant award may not exceed one third(13) of Gr t impact combined contributed income, revenue of sales, and/or ticket revenue fromthe previous year. If the Grant amount is in excessof 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 Acountant ("CPA")who is neither an employee of Grantee nor a member of the Grantee'sBoard of Directors,to be provided to the City of Carmel by March 31 of the following g Year. F'Unding Oredit. 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. p 10. Statutory Authority Of Grantee. The Grantee expressly represents and warrants the State that it is statutorily eligible to receive these monies and it expressly agees to repay all monies paid to it under this Grant, should a legal determination ineligibility be made by any Court of competent jurisdiction. of its 11. Use of Grunt Funds by Grantee.The funds received by the Grantee Pursuant to 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 fiords 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. Fffipg®ymeiat Fbgib ty 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 ofe p rlury 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 tl i provision no later than s thirty(30) days after being notified by the State. 13. Goderaing Law; Lawsuits. This Agreement is to be construed in accordance and governed by the laws of the State.of Indiana, except for its conflict of la w 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 in Hamilton County, Indiana only, and agree that such court is the appropriate venue j. for and has jurisdiction over same. 3 r i k 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 WIIEROF,the parties hereto have made and executed this Agreement as follows: rk )Al r*e'10A ai a. S A- _(66 rantee") Printed Name of Officer: 7kW4E 'itle: V frL';t Date: 11 P 2-2- CITY O CARMEL.("Grantor")By: C2 James Brainard,Mayor Date: , Dpi .A ST: Date: If you have any question concerning the City of Carmel's 2018 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,skibbe o carmel.in.gov. 4