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HomeMy WebLinkAbout01-17-18-23/Arts Grant/Janus Developmental Services, IncRESOLUTION NO. BPW 01-17-18-23 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING ARTS GRANT WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, 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 day of � .2018. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: 1) No+ I frZ,-CA+— James Brainard, Presiding Officer M- -&Z�Zlpot� birf-stine Pauley, Cler //e���„/ Lj Date: dd'' SAE BassWy Documents\BPW-Resolu4ians12017*Anowledge Arts Gram VOCE-docxt/9/201811:51 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 Janus Developmental Services, Inc. (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: That on behalf of Grantee, a not-for-profit corporation, I, Christina Sorensen , 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 $_ 5,000.00 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 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: Janus Developmental Services, Inc. ("Grantee") By: g kV Printed Name of Officer: Christina Sorensen Title: Date: i I /2g / 1'-7 ATT ST: f Date: President/CEO CITY OF CARMEL ("Grantor" By: " /O James Brainard, Mayor Date: 25 -? Co -- 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 organization: Janus Developmental Services, Inc. Address: 1555 Westfield Road Noblesville, IN 46062 Telephone: (317) 773-8781 Fax: (317) 773-8798 Contact Person: Joanne McDonough, Development Manager Email: jmcdonough@janus-inc.org APPLICATION AMOUNT: $ $20,000.00 Not to exceed 1/3 of previous year revenuelincome DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: Since 1979, Janus programs and services have provided people with disabilities the opportunity to hold jobs, develop interpersonal skills, explore new interests and live more independent and fulfilled lives. Our participants present with a variety of diagnoses including Down Syndrome, autism, cerebral palsy, traumatic brain injury, genetic disorders, physical impairments, developmental disabilites and intellectual challenges. Our Blank Canvas and Hidden Talents art programs enable people with disabilities to recognize their artistic talents and provide them the opportunity to create art as a means of not only earning income and recognition for their work, but also as a way to enhance the self-esteem, self-awareness and well-being needed to live more independent and self -fulfilled lives. For so many, the opportunity to use their talents to create art is empowering! Since impairments in cognitive function may limit an individual's ability to participate in vocational activities without some kind of accomodation or support, it is critically important that there are programs such as the Janus art programs available to people with intellectual challenges. The impact of fine arts participation might even be greatest for individuals who have the most challenging developmental disabilities. Recent research has found that there are many benefits to participation in the arts by people with disabilities which include increased self- expression, improved impulsivity control and enhanced critical thinking. By participating in a vocational art program, persons with developmental disabilities begin to embrace an identity as a person who is creative, imaginative and independent and as someone who can affect an emotional response in others with their art. If awarded, the grant funds would be used to purchase equipment and supplies needed for the creation of the art, provide art instruction, fund staff salaries and financially assist with the expenses associated with opportunities to display and sell the finished art creations in the community at various markets, businesses, shows and venues including Market District, Farmers Market and the International Art Festival. By promoting diversity, the Janus art programs will also serve to increase community awareness of the high quality of work that our participants are creating and dispel false perceptions of what persons with disabilities are capable of achieving. By: ii/u S. -oy_ o_Scv_ F(, ti Printed Name of Officer: Christina Sorensen Title: President/CEO Date: it 1-7-L 1" (Additional pages may be added to Exhibit "A") CARMEL ARTS GRANT- EXHIBIT A (continued) The Janus Art programs continue to expand its artistic print in the community. The artists in our Blank Canvas program continue to be inspired by the beauty of nature and enjoy sharing their art creations with the community. A group of our artists were invited to Carmel City Hall to visit with the Carmel Clerk Treasurer, Christine Pauly. During their visit, Seth, Kelsey and Emily each presented the Clerk Treasurer with paintings of their own creation. The paintings were then displayed in an area across from the Clerk Treasurer's office. The group also participated in a wonderful tour that included a visit with the Mayor and a walk around the grounds. The artists enjoyed seeing the wonderful Japanese gardens and the ponds. They saw several huge koi fish and took photos for painting inspiration. Each participant left with many ideas for paintings that they would be able to create. In recognition of Disabilities Awareness month, the Janus Hidden Talents art program creates over 100 beautifully hand painted gourd birdhouses to be featured as centerpieces on guest tables and reception tables at the 502 East Event Center in Carmel. In recent years, the community response to the bird houses has been overwhelming and most of the birdhouses are purchased the morning of the event. Soon after Emily began participating in the Janus Blank Canvas program, it became clear that she had natural artistic talents. Emily's confidence as an artist is truly remarkable. She has been inspired by visiting artists and volunteers and is always busy creating new masterpieces. Emily has even been commissioned several times to create specific art pieces. This year, Emily accepted the challenge to create a memorable art piece to be presented to a retiring staff member of the Indiana Association of Rehabilitation Facilities (INARF). Emily worked tirelessly for two weeks on an art canvas. Once completed, Emily named the artwork "Quilted with Love". When the retiring INARF staff member received the painting, she was overcome with so much emotion that she was unable to speak! In addition to hand painted birdhouses, handcrafted walking sticks, and creative art canvasses, our artists also create holiday ornaments which are available for purchase. As our art programs continue to grow, our artists look forward to continuing to explore their unique creative talents and the opportunities to share their art with others. The Janus Hidden Talents artists are proud to be able to display their hand painted birdhouses and handcrafted art for sale at many venues such as Market District in Carmel, Indiana State Parks, and Conner Prairie. In addition, we are often asked to display the birdhouses and other art items at many events that take place in Hamilton County. We plan to expand the program so that we can participate in additional community art events. The Janus art programs require much planning and support in order to continue to expand. The artists benefit from participating in educational opportunities provided by local artists as well as visiting community art exhibitions. By participating in these community opportunities, Janus artists increase their communication skills, integrate more fully in the community and are able to view a variety of artwork. The artists also become more experienced in their ability to identify art products which are in greater demand and thus, more marketable. Board of Directors John Schuler Chair Mary Paris Vice Chair Kevin Smith Treasurer Elizabeth Homes Secretary Mark Booth Seamus Boyce, Esq. Leigh Ann Clayton Mary Jane Coffing Michael Fogarty Robert Jones Jim Kuzee Tony Murray Chrissy Pogue Honorable Brian Poindexter Steve Schwartz Cindy Spoljaric Selina Stoller Nick Verhoff President -CEO Christina Sorensen ANUS J Life Skills for People with Disabilities ii November 28, 2017 Sharon Kibbe City of Carmel Office of the Mayor One Civic Square Carmel, Indiana 46032 Dear Ms. Kibbe, 1555 Westfield Road Noblesville, IN 46062 Ph: 317-773-8781 Fx: 317-773-8798 www.janus-inc.org I have enclosed the 2018 Carmel Art Grant application submitted on behalf of Janus Developmental Services, Inc. Along with all of the other Exhibits, I also included the 2017 Janus agency budget since our 2018 budget is scheduled to be submitted to our Board of Directors in February 2018. Please let me know if you have any questions. We greatly appreciate the opportunity to submit this grant application. Thank you, Joanne McDonough Development Manager jmcdonough@ianus-inc.org