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HomeMy WebLinkAbout01-23-19-16/Arts Grant/Carmel Clay Historical SocietyRESOLUTION NO. BPNA' 01-23-19-16 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. {7j% SO RESOLVED this day of�. ��� 2019. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer ATTEST: Christine Pa ule ClXk_Tr er Date: l SAE Bass\My Documents\BPWResolubonsN20191Aclmowledge Arts Grant Carmel Clay Historical Society docx1/14120193:09 PM ARTS GRANT PROGRAM AGREEMENT This Grant Agreement (herein referred to as "Agreement") entered into by and between the City of Carmel (the "City") and ._Lmel Uow CA+ SM, p-+' (the "Grantee"), is executed pursuant to the terms and c9nditions set forth herein. In c nsideration of those mutual undertakings and covenants, the parties agree as follows: That on behalf of Grantee, a not -for -profit corporation, l,_Lk C, 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. agrees to grant $ 6,560.00 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 binds 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, 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. Said review or audit, if requested, shall be performed by a Certified Public Accountant (`CPA") who 2 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. 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 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 City 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 and 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 tinder 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: (Signature) T + - Printed Name of Officer: �t b%�i P _ ��-}-�,,� Title:Xef Date: CITY O CARME/ "Grantor") By: / James Brainard, Mayor Date: 1-7-2019 �ST: Date: 1-7-2019 If you have any question concerning the City of C armel's 2019 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&armel.in.sov. Exhibit "A" An Application and Description of the Proposed Use of the Grant Funds APPLICANT: Name of organization: !� Address: of I I I `;J-- Teleph Contac Email: APPLICATION AMOUNT: $ (PS to6 DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: -* See At{GchuGi By: Printed Name of Officer: D&)he. 604-v-, ud (Additional pages may be added to Exhibit "A") Carmel Clay Historical Society City of Carmel Arts Grant Proposal We at the Carmel Clay Historical Society would like to hire artist Scott Osborne to recreate, through a metal sculpture in four separate pieces, the life cycle of a butterfly. The piece will show four stages of butterfly development: Egg, Caterpillar, Chrysalis, and Adult Butterfly and include a trellis and outdoor labels to describe each cycle. The four sculptures will be located on the north side of the Monon Depot in our butterfly garden. The sculpture and garden will provide a unique experience at the intersection of science and art for our visitors, Monon trail users, and the classes that tour our institution each year. It is our goal that the sculptures will not only add both an educational and artistic element to the Monon Depot, but also be a positive addition to Carmel's collection of outdoor art. This grant would allow us to achieve this goal by covering the cost of labor and materials for the sculpture. To cover the cost of materials for the sculpture, trellis, and outdoor labels as well as the four months of labor for our artist and a small stipend for our label designer, we are asking for a grant of $6560 (see grant budget breakdown below). We hope that you see the value that Scott Osborne's sculpture will bring not only to our institution, but to the Carmel community as a whole. Grant Budget Breakdown Artist Labor (320 hours @ $15/hour) $4800 Materials $500 Trellis $600 Outdoor Labels (Materials $300 & Designer $360) $660 Total $6560 \ Q+- eye [eye �Exh i b4- B REVENUE Year to Date 2019 Budget Contributed (private) $8,960.00 $10,000.00 Donations Annual Campaign Unsolicited Depot Donation Box Matching Memorials Questers Contributed (public) $12,035.00 $54,335.00 Grants $10,000.00 Carmel Arts Grant $700.00 $7,000.00 Clay Township $10,000.00 $8,000.00 Hamilton County Tourism $1,000.00 $1,000.00 Questers $335.00 $335.00 City of Carmel $28,000.00 Sponsorships $3,500.00 $9,500.00 Event Sponsors HHT $3,000.00 $4,000.00 Spring Tea $500.00 $500.00 Corporate Sponsors $5,000.00 Retail $85.00 $0.00 Gift Shop De -accessioning sales Photo Sales Investments $900.00 $900.00 Interest $900.00 Events $5,170.00 $7,000.00 D. Graham/Speaker $2,505.00 $2,000.00 Spring Tea Reservations/event $2,045.00 $2,000.00 Spring Tea Donations $500.00 HHT Tickets $120.00 $3,000.00 HHT Other Memberships $4,461.35 $8,000.00 Family Life Corporate MoM-CCHS joint membership Tours $3,201.00 $3,300.00 School Tours Private Tours Scout Tours Other Revenue $460.00 $1,400.00 Miscellaneous Revenue $210.00 $200.00 Brick Project $250.00 $1,200.00 TOTAL REVENUE $38,772.35 $94,435.00 EXPENSES Buildings and Grounds $5,997.00 $6,000.00 Building Repairs* $2,162.00 Bugs $400.00 Grounds maintenance $535.00 Railroad Sculpture Base and Install+ $500.00 Insurance $2,400.00 Contract Services $4,700.00 $4,700.00 IT $4,700.00 Outside Contract Services (???) Programming/Collections Care $780.00 $800.00 School Field Trips* Exhibits* $780.00 PastPerfect Virtual Exhibit Upgrade Grants $0.00 $0.00 Awarded Grants Carmel Arts Grant (See items marked with + ) Clay Township Grant (See items marked with * ) Dues, Fees, Membership $937.29 $1,000.00 American Associaion of Museums $20.00 Indiana Historical Society, Local History $50.00 OneZone $200.00 Quickbooks $50.00 AASLH $118.00 Indiana Landmarks $50.00 Late payment fee $44.29 Misc $105.00 Paychex $300.00 Event Expenses $4,010.64 $6,300.00 HHT $1,117.40 $4,000.00 Food/Drink Program $2,005.00 $1, 500.00 Food/Drink Program Dale Graham Program $888.24 $800.00 None Antique Sales Event None Donor Engagement Event Food/Drink CarmelFest Parade Float entry Taste of the Chamber Table Giveaways Membership $2,065.06 $1,000.00 Newsletter Layout $592.50 Newsletter Printing $967.16 Transcription $425.00 Awards Postcards $80.40 Basic Office Operations $2,420.00 $9,500.00 Bulk Postage Permit Computer Software $100.00 Insurance, Liability D&O $748.00 Postage, Mailing $532.00 Printing/Copying Office Supplies $1,040.00 New primary computer for collections* $7,000.00 Archival Supplies HR - Next year budget $29,180.00 $60,570.00 Executive Director* $17,600.00 $15,600.00 Jessica $4,000.00 $13,440.00 Andy $5,265.00 $6,480.00 Workman's Comp Insurance $840.00 $850.00 Payroll Taxes $1,475.00 $3,200.00 City Granted Person $21 000.00 Retail Sales $6.00 $0.00 Retail Sales Tax $6.00 Purchase of new items Utilities - Full year Est $4,234.00 $4,500.00 Internet $975.00 Phone $839.00 Electric/Gas * $2,667.00 Security $552.00 Water/Sewer/Trash* $750.00 TOTAL EXPENSES 1 $54,329.99 1 $94,370.00 STATE OF INDIANA SS: COUNTY OF HAMILTON AFFIDAVIT I, -D&bl e— an authorized representative of J ("Grantee"), being first duly sworn upon my oath, state that pursuant to paragraph 8 of the City of Carmel Arts Grant Program Agreement, all income of Grantee, including a City of Carmel arts grant, if applicable, revenue of sales, and/or ticket revenue, etc., in the Grantee's fiscal year ending 2018 or calendar year ending 2017 totaled $ ) � 1SP l�iit siulx��k Printed Name D J� �� Subscribed and sworn to before me, the undersigned Notary Public, this day of n CN QX 10 , 2018. YYI . �J� Signature - Notary Public RYPC, SHARON M. KIBBF Printed Name ,`L Resident of Hamilton Co. *�ti P* My Commission Expires Resident of County, Indiana a July 12, 2026 My Commission Expires: 2018 Arts Grant Year End Report In 2018, Carmel Clay Historical Society was awarded $700 as part of the City of Carmel Arts Grant. These funds were used to create a concrete base for the bike and train sculpture created by Scott Osborne the year prior. The grant covered the cost of labor as well as materials needed to frame and dig the area as well as lay the concrete and dowel pipe to connect the sculpture. The grant allowed us to place the sculpture in a public space to be viewed and interacted with by the Carmel community.