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HomeMy WebLinkAbout01-17-18-15/Arts Grant/Indiana Association of Chinese-AmericansRESOLUTION NO. BPW 01-17-18-15 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 V &�— P James Brainard, Presiding Officer A stine Pauley, Cl -Trp�� ��` Date: // SAE BassWy Documents\BPW-Resolutions\20170cknowledge Arts Grant VOCE-docx11912018 1152 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 Indiana Assoc. of Chinese -Americans (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, May Lau 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 , 5 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 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: ("Grantee') By: l , Li Printed Name of Officer: _ M �� �' Title: 044 L 3 I 1 D -E IAT Date: I f l2 q / 2017. CITY OF CARMEL ("Grantor" By: James Brainard, Mayor Date D (--'(:' .,2, o/--� AT EST: a.tn , 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 cnr carmel in.eov. 2 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: Indiana Association of Chinese -Americans Address: 11008 Lake Shore Drive East Carmel, IN 46033 Telephone: 317-523-0324 Fax: Contact Person: Kwan Hui Email: kwanhuiLhotmail . com APPLICATION AMOUNT: $ 6,515.00 Not to exceed 1/3 ojprevious year revenuelencome DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: Please see attached. By:_ Printed Officer: May Lau Title: President Date: 12/1/2017 (Additional pages may be added to Exhibit "A") Exhibit "A" IACA Lion Dance Proiect GOALS The GOALS are to reach out to the Carmel community at large so as to enrich its cultural diversity and promote inclusion in the community, as well as other communities in Central Indiana. We will do so through engaging, sharing, teaching, and presenting our Lion Dance performing art program, which is one of our culturally distinct and successful performing art programs. Use of Grant Fund Fund will be used in 2018 to participate in Carmel July 4th Parade, Carmel- Xiangyang Sister City Mooncake Festival, Carmel Art Festival as well as other Carmel cultural activities by invitation. Indiana Association of Chinese Americans History Indiana Association of Chinese -Americans, Inc. (IACA) is a 501c3 not-for- profit organization established in 1974 (PIs see Exhibitions C & D). The Missions of IACA To foster constructive citizenship on the part of Chinese -Americans in the State of Indiana, and the nation. IACA Membership Membership is opened to ALL sharing an interest in Chinese culture as we believe in inclusion and solidarity with all fellow Americans. Our members are multi-ethnic. Some of our members are third generation Chinese Hoosiers, a number have served in uniform in WW II, Vietnam War, as well as in subsequent wars and conflicts in defense of our nation. One Citation: Dr. Lawrence Lumeng 1939-2017; http.//indychinesenews. com/pdf/2017/20170630/P7%2006302017. pdf IACA Activities & Partnership IACA activities seek partnership in enriching cultural diversities and inclusion in Central Indiana. IACA has long established its presence in the annual International Festival since 1976 and has won awards for its cultural displays. IACA has actively collaborated and/or participated in activities with a number of cultural organizations in Central Indiana such as the CarmelFest, Carmel Sister Cities, IPS Cultural Diversity Council, Indianapolis Museum of Art, Children's Museum of Indianapolis, Nationalities Council of Indiana, Indianapolis Sister Cities, Asian -American Alliance, Indiana Asian American Times, International Center of Indianapolis, Telamon Corp High School Scholarship Program, and others. Lion Dance Proiect Lion dance, although originally a traditional Chinese folk art, has gained popularity as an international folk art and sport. It is a performing art that has been appealing to our youths, and it teaches them discipline, boosts their self esteem, promote physical fitness, cultural immersion, citizenship, as well as being entertaining. We welcome youths to join the program to showcase the folk art and demonstrate our patriotic citizenship in parades in Carmel and throughout Central Indiana. Past Traditionally, (ACA's Lion Dance Team has a strong presence in Central Indiana. The team was formed in 1994. In the same year, the team won a 1st place award at the International Festival in Indianapolis at its first public appearance which was reported in Indy Star (Oct 15, 1994). Jr, Present We trust that the IACA Lion Dance Team is now well-known and has earned a reputation in Central Indiana. Examples of IACA activities that are relevant to this grant application are that the Team has performed at the Carmel July 4th Parade and Carmel-Xiangyang Sister City Mooncake Fest ival in the past two years, and we hope to continue doing so. Ongoing lion dance activities outside Carmel include Indy-500 parade, Nationalities Council of Indiana (NCI) Int'I Festival (since 1976), IPS Cultural Diversity partnership program, Indianapolis Museum of Art, Children's Museum of Indianapolis, etc. Attached are videos of Carmel July 4th and Indy-500 parades and photos http://indychinesenews. comjpdt/2017/20170714/P6%2007142017, pdf https.11www. youtube. c0m/watchly=9eamba4Ze1E https://www, amazon, com/photos/share/6Gxvh8FWdVWg9vFOWEyFupB6sNeuUEBJkrya2BwlbrZ https://www.amazon, com/photos/share/DYCIAxhAxlAJsrVTQwh4CgG648AKp8xlYz2Y6juiSaulgallery/IkIR TD5HQW-T09OEHAbHk4 h[tps.//www. t7ickr. com/photos/135698819@N07/albums/72157663007722768 Carmel July 4th Parade 2016 Future We plan to broaden our involvement in the community to include Carmel Art Festival, Family/Volunteer Program of the Palladium, and other Carmel cultural activities. IACA Lion Dance Team has reached out and collaborated with non -ethnic Chinese -Americans, including NCI families, IUPUI faculties, IUSM faculties, IUPUI and IUSM doctoral/medical students and postdoctoral scholars, Vietnamese -American, and Pilipino -Americans. In addition to improving the team's performance, we continue reaching out to other ethnic groups and organizations in Central Indiana. Our missions and our aims are to contribute to cultural diversity and promote inclusion in Central Indiana. IACA encourages young men and women to participate in the Lion Dance Troupe as regular or ad hoc members with no obligations for long term commitments. For example, a number of young students signed up recently at the 2017 International Festival at the State Fairground to learn and participate in the folk arts of Lion Dancing. Images of the sign -Up sheets are included as follows. Sian UQ Sheet Print NAME PNONE NUMBER print E-MAIL ADDRESS �.. 01 r, The following links illustrate our lion dance engagement with students and visitors at NCI International Festival (State Fairground) Nov 2017: https://www, flickr. com/photos/135698819@N07/albums/72157662952069248 https://www. youtubecom/watch?v=Lx8lXvF5Suk https://www. youtube. com/watch?v=L YavnpDFb-4&t=18s https://www. youtube. com/watch?v=B35pga1f&Q&t=3s Closing Statement Since 1994, and especially in our recent participation in the Carmel July 4th and Indy500 parades in which we took an interactive approach with spectators along the streets, it has become evidently clear to us that adults enjoyed the entertainment values of the lion dance and children were excited and curious about our presence. Therefore, we believe that the Lion Dance presentation is a uniquely effective vehicle for cultural immersion and for promoting integration, diversity, solidarity, and inclusion, which would ultimately enrich the lives of our Carmel residents (and all Hoosiers). It is in this spirit that we plan to increase and broaden our participation in our City and State to promote these vital values. For this to succeed, we need the City's support. We hope that our City agrees with us that this is an important effort worth supporting by providing us with the grant money that we are requesting to start this journey. November 28 2017 ARTS GRANT PROGRAM City of Carmel To Whom It May Concern: I have had the pleasure of working with Kwan Hui for the last 2 years as he is the point of contact for the Lion Dance Troupe. They have participated in the CarmelFest 4`h of July Parade to the delight of all along the route. As I traveled the parade route I observed this group multiple times. They were always enthusiastic and engaging. The children loved it and so did the adults! Kwan is very easy to work with and despite the registration system issues we had this year, he was patient, diligent and professional. I'm sure any organization would be pleased to work with Kwan Hui. Regards, Barbara Ellis CarmelFest Parade Chair