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Home My WebLink About324680 04/30/18 e'qa.u,_C�A,Mff CITY OF CARMEL, INDIANA VENDOR: 371674:_.: ONE CIVIC SQUARE CARMEL CHRISTKINDLMARKT, INC. CHECK AMOUNT: $***125,000.00* CARMEL, INDIANA 46032 ONE CIVIC SQUARE CHECK NUMBER: 324680 9�;iroN. CARMEL IN 46032 CHECK DATE: 04/30/18 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1203 4359003 125,000.00 FESTIVAL COMMUNITY EV VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201 (Rev.1995) Vendor# 371674 ALLOWED 20 ACCOUNTS PAYABLE VOUCHER CARMEL CHRISTKINDLMARKT, INC. IN SUM OF$ CITY OF CARMEL ONE CIVIC SQUARE An invoice or bill to be properly itemized must show:kind of service,where performed,dates service rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. CARMEL, IN 46032 Payee $125,000.00 ON ACCOUNT OF APPROPRIATION FOR Purchase Order# Community Relations 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 INVOICE 43-590.03 $125,000.00 1 hereby certify that the attached invoice(s),or 4/20/18 INVOICE $125,000.00 1203 101 1203 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 Tuesday,April 24,2018 Heck, Nancy Director I 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 20Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer Vu//` 0 [1 C E CARMEL CHRISTKINDLMARKT, INC. I Date:April 20,2018 i i Carmel Christkindlmarkt, Inc. TO City of Carmel One Civic Square One Civic Square Carmel,IN 46032 Carmel,IN 46032 ; EIN 82-1460659 ' i I QUANTITY DESCRIPTION UNIT PRICE AMOUNT 2018 City support for program operations of the Carmel $125,000.00 Christkindlmarkt PAYMENT DUE UPON RECEIPT i i i Make check payable to: Carme/Chiistkind/maifcf,/nc. f I i i i ' I I i f j i i r TOTAL $125,000.00 Thank you for your support) , I i 4' q Vr Fsa�a ° �See MO AGREEMENT This Grant Agreement (herein referred to as "Agreement") entered into by and between the City of Carmel (the "City") and Carmel Christkindlmarkt, 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: 1. That Grantee is an Indiana not=for-profit corporation formed at the behest of the City .to work in partnership with the City to provide an authentic German/Austrian Christkindlmarkt or Weihnachtsmarkt,including cultural education. 2. Tourism and Economic Development. The City believes the opportunity to provide a winter festival for its citizens will attract tourists from other cities and states and encourage economic development and tourism. 3. Design and Implementation of Project. The Grantee agrees to use any and all grant funds to accomplish the stated purpose in Sections 1 and 2 hereinabove. 4. Warranty of non-profit status. Grantee and City hereby mutually represent and warrant that Grantee is a not-for-profit corporation formed in Indiana and does not now and will not have shareholders and will not issue dividends. Grantee represents it is applying to the Internal Revenue Service for 50.1(c)3 designation which it may or may not receive. 5. 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 from the City for the purpose of an audit requested by the City of Carmel,the State of Indiana,or their designees. 6. Quarterly financial statements. Grantee agrees to provide the City of Carmel quarterly financial statements within 45 days after each quarter-end. 7. 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. 8. 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 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. 9. 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, it waives its 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. 10. 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. 11. 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. 2 12. Grantee agrees any grants awarded in any year shall be subject to the terms of this Agreement. 13. Partnership. City agrees to work with Grantee to present the Christkindlmarkt and will provide City employees as reasonably to produce the Christkindlmarkt event. 14. Insurance. Grantee agrees to purchase liability insurance with standard terms and City agrees that its insurance provides certain coverage for events held on City property. IN WITNESS WHEROF,the parties hereto have made and executed this Agreement as follows: Carmel Christkindlmarkt,Inc. (i°Grantee") By: � Printed Name of Officer: an McFeely Title: President of the Board of Directors Date: JuneA 2017 CITY OF CARMEL Grantor" By: James Brainard, Mayor Date: June J;2017 ATTEST: Date: LQ 3