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Home My WebLink About329948 09/11/18 a`% ��p\ CITY OF CARMEL, INDIANA VENDOR: 369961 ® I ONE CIVIC SQUARE CARMEL PORCHFEST INC CHECK AMOUNT: $*****8,000.00* /=Q CARMEL, INDIANA 46032 ONE CIVIC SQUARE CHECK NUMBER: 329948 °j'�:oN�. CARMEL IN 46032 CHECK DATE: 09/11/18 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1203 4359003 101853 PF2018006 8,000.00 CITY SUPPORT-PORCHFES ✓OUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201 (Rev.1995) ✓endor# 369961 ALLOWED 20 ACCOUNTS PAYABLE VOUCHER ,ARMEL PORCHFEST INC IN SUM OF$ CITY OF CARMEL DINE 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. DARMEL, IN 46032 Payee $8,000.00 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 101853 PF2018 006 43-590.03 $8,000.00 1 hereby certify that the attached Invoice(s),or 6/1 B/18 PF2018 006 $8,000.00 1203 101 1203 101 blll(s)is(are)true and correct and that the materials or services Itemized thereon for which.charge is made were ordered and received except Wednesday,August 22,2018 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 distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer Murphy, Connie E From: Pauley, Christine Sent: Tuesday, September 11, 2018 10:50 AM To: Murphy, Connie E;Walthall, Dianne S. Subject: Fwd: Porchfest Nothing here to see.....move along. Send claim through with this email train attached to be included into laserfiche with claim. Claim can be paid early if It meets the dollar threshold and urgency standards. Have Dianne make this decision. Thanks! Christine Sent from my iPhone Begin forwarded message: From: "Oberlander,Jon A" <ioberlander@carmel.in.gov> Date:September 11, 2018 at 9:47:58 AM EDT To: "Pauley, Christine"<cpaulev@carmel.in.gov>, "Heck, Nancy S" <NHeck@carmel.in.gov> Cc: "Kibbe, Sharon" <skibbe@carmel.in.gov>, "Kirsh,Joshua A"<ikirsh@carmel.in.gov>, "Brainard, James C" <JBrainard@carmel.in.gov>, "Finkam,Sue" <sfinkam@carmel.in.gov>, "Worrell,Jeff" <iworrell@carmel.in.gov>, "DeLong,Valery D" <vdelong@carmel.in.gov>, "McFeely, Daniel P" <dmcfeely@carmel.in.gov>, "Green,Anthony" <agreen@carmel.in.gov>, "Campbell, Laura" <Iampbell@carmel.in.gov>, "Kimball, Bruce"<bkimball@carmel.in.gov> Subject: RE: Porchfest Christine, The Porchfest Grant Agreement is completely separate from the Arts Grant Agreements. Further,the Porchfest agreement was drafted by our office; it is a legally sound document(I have stamped the agreement and given it to Connie). Josh Kirsh's position as president of Porchfest is voluntary; as such he personally derives no pecuniary gain from the City's grant to Porchfest, and therefore does not need to file a conflict of interest statement. Please let me know if you have any further questions on this matter. Thank you, Jon From: Pauley, Christine Sent: Monday, September 10, 2018 7:52 PM To: Heck, Nancy S Cc: Oberlander, Jon A; Kibbe, Sharon; Kirsh, Joshua A; Brainard, James C; Finkam, Sue; Worrell, Jeff; DeLong, Valery D; McFeely, Daniel P; Green, Anthony; Campbell, Laura; Kimball, Bruce Subject: Re: Porchfest Hi Nancy 1 The "arts agreement" is not the same as the arts agreements given yearly by the mayor under the arts grant fund account. First, many terms and conditions were taken out including language that disallowed city employees from forming their own LLC and serving as LLC president thus being both employed by city and receiving funds as a consultant from money from the gift fund. In addition,this Porchfest"arts grant agreement" is being fully funded by festival and gift fund general account and not the traditional mayoral awarded funds from the "support for the arts grant" line item. I asked legal to review the type of agreement because we are setting a precedent with this personnel arrangement. I also asked if Josh Kirsh,the LLC president, must file a conflict of interest document with the City. Just because a contract is approved by BPW under the Mayor's board, does not dictate the automatic approval of the claim by my office. The supporting paperwork from your office for the claim did not include the attorney stamp on contract. It was only after this review was it determined the Porchfest arts grant agreement while looking like all the other Arts grant agreements,was in fact not and further questions arose. I sent the request to legal on August 25, 2018 with a request it be expedited. The questions remain and I hope to officially hear back from counsel with a response to my questions. Once received,we can move forward.Thank you. Best regards, Christine Sent from my Whone On Sep 10, 2018, at 5:20 PM, Heck, Nancy S<NHeck@carmel.in.gov>wrote: Christine, I just got off the phone with Jon Oberlander and he will be bringing you the stamped agreement for Porchfest first thing in the morning. I didn't know that you had pulled the claim until Sharon let me know last week.As I understand it,you seemed to have some issue with the agreement. However, it was approved by the BPW at the August 15th meeting and the claim should have then been processed at the special claims meeting on August 29th. This would have allowed plenty of time for the city to issue a check to Porchfest to place in their account to pay for expenses related to the event. The problem that your pulling the claim has presented, is that the event is this weekend, Sunday, September 16th and payments need to be made and the organizers do not have funds in their account to do so. Is there any way to expedite the check this week? Nancy S. Heck City of Carmel Director of Community Relations and Economic Development One Civic Square Carmel, IN 46032 (317) 571-2494 2 CARMEL N I°,J' C�!'1 fmi ec Q'fE 1 �l?51t�� C� June 18,2018 .10000 Westfl eld Shad. s PF2018_006 Indianapolis,9N 46280 City of Carmel Wanc, Fleck 1 Civic Square Carmel,IN 46032 -.. -z. . :: .�.,._, {_ '.; r Pym !/,•i PrograrrsmingA Entertainment,Equipment and Operations � � m $18,000.00 I Event C®nsultant Support _.�„ � �� _--- - $8,000 00`.r' i I Make all checks payable to Carmel Porch Fest THANK YOU FOR YOUR SUPPORT! TOTAL DUE �$-- _26,000.00 I laJ 9i IS-RE EAT ENT This Grant Agreement (herein referred to as -Agreement") entered into by and between the City of Carmel lthe -City' or `Grantor") and Carmel Porchfest 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 working in partnerships with the City to promote the performing arts through public music festivals .and other community programming and events. 2. Tourism and ikon®n3ic Development. The City believes the opportunity to provide a summer and winter music festival for its citizens will attract tourists from Other cities and states and encourage economic development and tourism. 3. Design and maple-mevta ion or'Project. The Grantee agrees to use any and all grant finds to accomplish the stated purpose in Sections 1 and 2 hereinabove. 4. Warranty of non-proflr 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 501Qc1(3) designation which it may or may not receive. 5. City's ,ight to r-Nuest audit or review. Grantee shall submit to an audit or review by an independent Certified Public Accountant of fiands at the City's request, and shall make all books, accounting records, and other documents a.vailainle at ail reasonable times during the term of this Grant Agreement, and for a period of three 131 years after final payment of funds frown the City for the purpose of an audit requested by the City, 'the State of Indiana, or their designees. Page "of o CL I I a �• o. q C) � O � R 15 O' p O ,Fn � p ` , R�t: p cu O ftq tt� c� , p' �. O a ° WRQ' 'b •� Fr- �Q' p n �• O CT' w GRCD � M H CD`D ks' • b. BE CD J RE cc, ca Slu 0 0 CD COD h CD CD 0 n gnuCD �S` COD ply � N O 0 a, N ° O `C �gar: Er p CD fiCD �' W CD Cc, CSD 8 5' ° � °►. .0 �• wCD �' OD �' �, dap. 20pt,', � ts. rs. coo CD O O n R p�� O COD ` O Cc, Q' aQ+ ad b �O} O Oji a' as O F� �-! ` "� p ` , ® b 0' n �+ e-f Cep CD the team or condition contained in this Agreement shall govern and,prevail. This Agreement may only be modified by written amendment executed by both parties I ereto, or their successors in interest. l�. Condnuathm. Grantee agrees any grants awarded in any year shall be subject to the teras of this Agreement. 14, Partnership. City agrees to work with Grantee to present Porchfest and Holiday Porchfest. 15, iznsaara ce. grantee agrees to purchase liability insurance with standard term and City agrees that its insurance provides certain coverage for events held on City prop. IN WFINESS WHEREOF, the parties hereto have made and executed this Agreement as follows: C ARNIELL PORCHYEST LNC. ("T 1°`is nice ) B NI dcsh rsh, Presideaai of thhe'T-'oard of Directors Date: Z" ,James Brainard,ard, ilv4ayor Date: ATT-ERS,T: Date: Page 3 c7 33