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HomeMy WebLinkAbout01-17-18-29/Arts Grant/VOCERESOLUTION NO. BPW 01-17-18-29 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::�Qo 2018. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: A� Q James Brainard, Presiding Officer SAE Bass\My Documents\BPW-Resolu4ions\2017\Ackrawtadge Arts Gram VOCE-docxl/9/201811:51 AM ARTS GRANT PROGRAM AGREEMENT This Grant Agreement (herein referred to as "Agreement") entered into by and between the City o f C a r m e l( t h e" C i t y") a n d V O C E ( t h e "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, Brenda Iacocca, , 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 $ — 750.00 -------------- 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). I— 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. 0 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 WfI EROF, the parties hereto have made and executed this Agreement as follows: VOCE ("Grantee") By: �/� l I Yly) Printed Name of Officer: Brenda M. Iacocca Title: President Date: 11/17/2017 CITY CARIVEL "Grantor") By: James Brainard, Mayor Date: A ST: Date: If you have any question concerning the City of Carmel's 2017 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, skibbe0.carmel.i n.gov. A 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: VOCE Address: 5770 Osprey Way Carmel, IN 46033 Telephone: 317-946-2056 Fax: Contact Person: Brenda Iacocca Email: bmiacoccaggmail.com APPLICATION AMOUNT: $ 960.00 Not to exceed 1/3 of previous year revenue/income DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: *See below Carmel Arts Grant 2018 Description of Proposed Use of Carmel Arts Grant Fund for VOCE VOCE is a small choral ensemble that was formed under the direction of Dr. Charles Goehring in 2006. The mission of the group was to perform classic and popular choral works by attracting singers of the highest caliber from the greater Indianapolis area. At that time, Dr. Goehring retired from his job as the Director of Music at St. Luke's United Methodist Church, which served as the ex -officio sponsor for VOCE. The group applied for, and was granted 501c3 status by the Indiana Treasury Department. In 2012, Dr. Goehring retired from his leadership position of VOCE. Two singers from the group, Brenda Iacocca and Eric Wickens formed a new board of directors, appointed a managing director and recruited additional singers, thereby reconstituting VOCE. St. Christopher's Episcopal Church on Main Street in Carmel serves as the host for VOCE's bi-monthly rehearsals. Many of the sixteen members of the ensemble also reside in Hamilton County. VOCE currently performs 6-8 times per year throughout the Hamilton County and the greater Indianapolis area. To cover expenses for music and social media venues, VOCE offers a variety of programs, ranging from quartets to the full vocal ensemble. For the past several years, VOCE has partnered with St. Joan of Are Roman Catholic Church (Indianapolis), St. Christopher's Episcopal Church (Carmel), Irvington United Methodist Church (Indianapolis), St. Francis Episcopal Church (Zionsville), Holy Trinity Orthodox Church (Carmel) for concerts of sacred and popular music. VOCE has also partnered with the City of Fishers for their annual Arts Crawl for the past two years and has developed an authentic Madrigal Dinner program, complete with period costumes, music, and food. The Madrigal Dinner was last performed at Union Chapel United Methodist Church (North Indianapolis). Annual concerts have also been given at the Artsgarden in downtown Indianapolis, located in the Circle Center Mall. An active performance schedule is well underway for 2018. The Carmel Arts Grant of $2000 would allow VOCE to further expand into the greater Carmel community by allowing the group to obtain professional recordings of its established repertoire. Such recordings are essential to further establish the group's reputation in the Carmel and Hamilton County community. Preliminary conversations have occurred between VOCE leadership and members of the Carmel Arts community to allow VOCE greater visibility and opportunity in the nationally -recognized city of Carmel. VOCE will be participating in the Carmel Winter Porch Fest to be held in December 2017. The ensemble is extremely energized around the possibility of becoming an integral part of the arts community, which continues to thrive and grow under the vision and direction of Mayor James Brainard. By: (4.— r� , � Printed Name of Officer: Brenda M. Title: President Date: 11/17/2017 (Additional pages may be added to Exhibit "A') 10