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HomeMy WebLinkAbout01-17-18-06/Arts Grant/The Carmel Clay Historical SocietyRESOLUTION NO. BPW 01-17-18-06 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING ARTS GRANT WHEREAS, pursuant to Indiana Code 36-14-7, the City of Carmel, Indiana ("City"), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 364-5-3, the City's mayor may enter into contracts on behalf of the City; and WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable James C. Brainard, has caused to be signed the Arts Grant attached hereto as Exhibit A (the "Contract"); and WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk -Treasurer's Office, and made available to the public for review. follows: NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk -Treasurer and thereafter made available to the public for review. SO RESOLVED this r day of 2018. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer 0 Christine Pauley, Clerk -yeas r�er Date: / SAE BassWy Documems\BPW-Resdu ionsWl71AcknoNWp Ms Gram VOCE-doal/g/pp g 11:54 AM ARTS GRANT PROGRAM AGREEMENT This Grant Agreement (herein referred to as "Agreement") entered into by and between the City of Carmel (the "City") and-�-k�e_ �"oe% Cjpv 12l75 i' l ;y ii (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, Z� I// L i't an authorized representative of Grantee, have applied fora dty 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 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 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: 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 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 r 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. 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: Ca,-mel C1 C, &L64i ("Grantee") By: Printed NamOfficer:/'j�/ J/ �j/�j}- Title: ZX=2CeU51✓r_ Date: I 02 K CITY OF CARMEL ("Grantor" By: James Brainard, Mayor Date: ;-3 Qe-c' , ,2 C/ � ATTEST: Date: dot—o�3—oZpl� 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 ,carmel.in.gov. 4 Exhibit "A" An application and description of the proposed use of the grant funds Exhibit "A" An Application and Description of the Proposed Use of the Grant Funds APPLICANT: Name of Address Garmel, /N S/lo03a Telephone: 317i- 9/-/6 - -7// 7 Fax: Contact Person: xc�erioc Di l/ Email: QrCl�iVesC�o►t�r-lel cjgU�,lart,�, L�Yzj APPLICATION AMOUNT: $ c,,? o(��i, A,ot to eeceecl //3 o/'pre rious yerrr rerenue/inronre DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: By: C - G Printed Name f Officer: Title: �Xecw i ✓e , Date: //- 29'-1-7 (Additional pages may be added to Exhibit "A") 5 Carmel Clay Historical Society Carmel Arts Grant Narrative 2018 The Carmel Clay Historical Society encourages an appreciation for and understanding of the settlement, growth, and development of the town of Carmel and Clay Township, bringing historical relevance, context and enrichment to the lives of its citizens and visitors. To meet this mission, the CCHS hosts temporary and permanent exhibits in its Monon Depot Museum, offers tours to all the township's second graders, provides curriculum materials local third graders, presents public programs about art and aspects of Carmel history, and hosts an annual home tour showcasing local architecture. The Carmel Clay Historical Society requests $20,000 from the City of Carmel to support its general operating budget and special projects in 2018. All the special projects are related to the continued growth and development of the Monon Greenway that runs literally through our front yard. The items for which we request funding are: $12,000 for the salary of our executive director Emily Ehrgott and the work she will undertake for the fulfillment of our new strategic plan. Emily has gone to great lengths to expand the reach and influence of the CCHS. Her participation with the Carmel Historic Preservation Commission, Legacy Fund, and Arts & Design District are just a few examples of her engagement outside our own organization. The growth in our immediate area with the Midtown Project will increase the potential for the CCHS to engage with the community and businesses in the immediate area. In addition, the CCHS board of directors recently developed a strategic plan, with the guidance of Mo Merhoff. Emily will take the lead in implementing this plan. Several key parts of that plan are documenting the changes in our community as they are happening now, increased engagement with the Arts & Design District and Midtown area, partnerships with other Carmel museums and arts organizations, and exhibits that connect with our community in a meaningful way. In addition, we are looking critically at the future of our archives building, our property, and our plans for growth. This will require a great deal of time from Emily. • $5,300 for the salary of our communications staff person, Andy Wright. Andy offers crucial assistance in keeping the CCHS's presence current online with our website, Facebook page and newsletter. He also answers questions for patrons and identifies stories from Carmel's past that resonate with residents today so they can make a meaningful connection with our past and gain perspective on how Carmel has developed into the thriving community it is today. • $700 for the creation and installation of a concrete base for the steel railroad/transportation-themed statue being created for the CCHS by local artist Scott Osborne. The statue is a project funded by the Carmel Arts Grant in 2017. • $2000 to staff the Monon Depot Museum with a trained docent who can inform visitors about the significance of the exhibits, art, historic building, and the changing Old Town area that is deeply rooted in history but also complimented with new growth. Projects in these areas will help the CCHS further develop its cultural art projects. Thank you for your consideration. Note on Funding Request: We anticipate an additional $1o,000 in revenue this year from ticket sales from the HHT, invoices due for sponsorships and ads in the HHT publication, and income from our annual campaign, which began in November. The amount requested in the grant application reflects the anticipated revenue of $6o,000 for the year. After the close of our fiscal year, I will send an update of our revenue and any adjustments for the grant request based on that revenue. - Compelling Stories—Fascinating People—Interesting Places November 28, 2018 Mayor Jim Brainard 1 City Center Drive Carmel, IN 46032 Dear Mayor Brainard, Thank you for your continued support of the Carmel arts community. The Carmel Clay Historical Society and Monon Depot Museum have used Carmel Arts Grant funds to share the history of Carmel's cultural and visual arts during the past year. We look to 2018 with even more anticipation. The successful growth of the Carmel Arts & Design District and the burgeoning development of the Midtown Project puts us in the center of the cultural action of our community. We are literally where everyone in Carmel wants to be. Our staff and board of directors anticipates the completion of the Monon Greenway expansion, as it will open the door to the CCHS becoming even more engrained in the area. The projects for which the CCHS seeks funding this year center around us capitalizing on our location, our connection to the Arts & Design District, and our role as the only repository for the history of Carmel and Clay Township. We seek assistance with staff salaries and implementation of a new strategic plan, which will see us document the human, cultural and artistic history of our community. Thank you for your consideration. All My Best, i C. Faott Emily Ehrgott, Executive Director Carmel Clay Historical Society 211 ist Street S.W. Carmel, IN 46032 317.846.7117 carmelclayhistory@yahoo.com