HomeMy WebLinkAbout334283 01/10/19 {ur_C�NM
\�� CITY OF CARMEL, INDIANA VENDOR: 360793
® ONE CIVIC SQUARE GREGORY HANCOCK DANCE THEATER CHECK AMOUNT: $ ***59,500.00*
s, CARMEL, INDIANA 46032 329 GRADLE DRIVE CHECK NUMBER: 334283
vM` �/a' CARMEL IN 46032 CHECK DATE: 01/10/19
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DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1160 4355101 AGREEMENT 59,500.00 SUPPORT FOR THE ARTS
VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201 (Rev.1995)
ALLOWED 20 ACCOUNTS PAYABLE VOUCHER
Vendor# 360793
GREGORY HANCOCK DANCE THEATER IN SUM OF$ CITY OF CARMEL
329 GRADLE DRIVE An invoice or bill to be property 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
$59,500.00
ON ACCOUNT OF APPROPRIATION FOR Purchase Order#
Mayor's Office 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
AGREEMENT 43-551.01 $59,500.00 1 hereby certify that the attached invoice(s),or 1/7/19 AGREEMENT 2019 ARTS GRANT $59,500.00
1160 101 1160 101
bill(s)is(are)true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
Tuesday,January 08,2019
Kibbe, Sharon
Executive Office Manager
I hereby certify that the attached invoice(s),or bill(s),is(are)true and correct and I have
audited same in accordance with IC 5-11-10-1.6
, 20—
Cost
20Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer
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ARTS= GRANT PROGRAM
AGREEMENT
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This Grant Agreement(herein referred to as "Agreement' entered into by and between the City
of Carmel (the "City") and h r a c H 0.n Cock ane -`-rh e-cx-+( (the
"Grantee"),is executed pursuant to the;te`ms and conditions set forth.herein. In consideration of
those mutual undertakings and covenants,the parties agree as'follows:
I That on behalf of Grantee, a not-for-profit corporation, I, r, s e. -Sa 0.rn i ,
an authorized representative of Grantee, have applied for a City of Carmel
C"Grantor") Arts Grant; said application attached hereto and made a part hereof as
Exhibit'W"
2. Grant Agreement. The City, after review and recommendation by the;. Mayor; k
agrees.to.grant$ 59,500 . 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.-Generally, the 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. The City of Carmel may, however, make exceptions
for start-up organizations that have been in existence for three(3)years or less.
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,
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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.
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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 E
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to be true and accurate,all`which have been incorporated fully by reference: 3
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 tinder state law 1
(EXHIBIT C);
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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);
S. Any audits, reviews or compilations available describing the financial condition
of-the Grantee, most recent.available TRS Form 990, and the attached Affidavit
(EXHIBIT E);
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6. A list of the Grantee's board of directors.and officers:listed(EXHIBIT F);
?: 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).
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C. Any other grant conditions that City requires to be met by Grantee, specifically:
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6. Grantor's. right to request audit or review. Grantee shall submit to an audit or
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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. Said review or
audit; if requested, shall be performed by Certified Public Accountant("CPA")who
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is neither an employee of Grantee nor a member of the Grantee's Board of Directors,
to be provided to the City of Cannel by March 31 of the following year.
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).
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.
9. Funding Credit. Grantee agrees to credit the City of Carmel in the printed materials
associated with a fundedprogram 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.City that it ise 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 competentjurisdiction.
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 F
civil and/or criminal`liability under Indiana and Federal'law. t
1.2. 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
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in the E-Veri program as defined in IC 22-5-1.7. The Grantee agrees
participating: fy p g g.
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(3.0)days after being notified by the State,
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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.
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lel. Relationship of Parties. The relationship of the parties hereto shall be as provided
Cor 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.
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15. Severability. If any term of this Agreement is invalid or unenforceable Linder 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 i
Agreement may only be modified by written amendment executed by both parties
hereto, or their successors in interest.
IN WITNESSWHEROP, the partiesheretohave made and executed this Agreement as follows:
gr2 or No-ncoeL 6arice.es1 ( e--+r— ("Grantee")
By: (Signature)
Printe atneofOfficer: I JQ r� t5C Sr�.�am ,e Title:— 1 r2�surer 1'�SyoLCC4 or � itLeTors
Date: 1JOIS
CITY F CARPYTE ("Grantor")
/ ' % James Brainard, Mayor
Date: 1-7-2019
ATTEST:
Date: 1-7-2019
If you have any question concerning tho City of Carmck 2019 Arts Qrtnt Program,grant writing.guidelines or application materials,contact:
Sharon Kibhe,City of Carmel,One Citic Square.Carmel,IN 46032.Phone:317-571-2433.L!it k ra,c-1rgiFl.iit boy.
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