HomeMy WebLinkAbout01-23-19-17/Arts Grant/Carmel Community Players, IncRESOLUTION NO. BPW 01-23-19-17
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 romptly filed in the office of the Clerk -Treasurer and thereafter made available to
the public for review.
SO RESOLVED this day of �"� , 2019.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
vrPsPvt+
James Brainard, Presiding Officer
te:
Mary Ann urke, Member 3 /
Date:
Lori S. Wats , M ber
Date:
ATTEST:
404�w-�
Christine Pauley, Clerk -Treasurer
Date:
SAE Bass\My Documents\BPWResolu6ons\2019,AcknowledgeArts Grant Carmel Community Players, Inc..docxt/14/2019326 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 CARmt;L CommurgiV PLAY E 2s , 1 n1C. (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 on behalf of Grantee, a not -for -profit corporation, 1, L ARRv M O,,JT A 61,
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 $ 15 , 0 0 0.0 0 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.
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 mot -far -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
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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 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.
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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 WHEROF, the parties hereto have made and executed this Agreement as follows:
CANMEL CezV,�My,Jt , ft, de-RS hd c, (c'Grantee")
By: _ (Signature)
Printed Name of Off �-A RRy N on�T Title: �iZC-A5U 2FR
Date: 11 ksl 20116
CITY CARME� ("Grantor")
By:
James Brainard, Mayor
Date: 1-7-2019
Date: 1-7-2019
If you have any question concerning the City of Carmel'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, t{ i�i�ir(r�garmel in.g9Y
4
Exhibit "A"
An Application and Description of the Proposed Use of the Grant Funds
APPLICANT:
Name ofor aviation: ACME L,
0-QM^A0t3tTy PL";y Rs 1rJC-
j
Address: A S O C C�►2r Y1��,z,�u PASS Su, T8c 1- 3 CZ.
C(\2MEL itJ L4Uo33
Telephone: 3 ►1 - e i S- 9 S e 1 Fax:
Contact Person: L p fp-?--j Moo rA Ci
Email:_ t A�-,L,
APPLICATION AMOUNT: $ 1 S oc>o
DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS:
T\AE CAQmsL Commu,,3�T-4 PLAy,-rLS 1a2ic A
G2A,�T C-c .. —%iAs ZO I`1 CQIepJDAR YEAR. lt,1 TNT. Am�vtaT c P * IS G CO
-Tc-� Lc-K r►r.1UE GR-it1G►rJ(, QQAL►-t-/ Lvvc TIAmA7E2 To -rtAE CA2MC=_L 14rA-A
\�S d�no.J�� WALL C3E 05ED Tt,, IAc-LP '74c CcSr aC- 2oYA�'f1FS,
SE"C �°dJSi2JGTto��C'�5"NMLS) (t�D FRi noa 1,5:SociA-rFD la vTO dive
PL.M 5 (ti,F PLArJ To P2F5rcr.1� t�`l�1► >JC 2.0,\Q .
TIaE F►v i Plea-15 r TNT M�1s�cAL I�Z L c�v _ y��� y6\.1 ►a.v
PQ2GOcTn, 1�:6v clk4.�&c A"i ) A MJS\<,NL 7o BC rroR 1,5rX'f
L_Ao.\SiMRS • MJs\CA�S AAwa-4S 1-IAJc �Ftc.Uv2 R�Y.aLT►tiS �l�SoUAr�r
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PLA,J "iv PQ-�i73cz, 'T"C `D24MA5 trS'Cr2Ct~TCA2 NRmED 17. ESIR(g �! Ar»
A%\L S( r-- TD 2%(. ZAP CTNC Sto9-q 0� flk%�' U5!� inrD,An1APtI►S) PUWs A�Z�-TIAEC
b(2�mq '/C-r -fD 3� �F-SF2M „JEt7 ► N -�'NC =ALL .
By: -Yn.,z+a,
Printed Name of Of r: LA :j M O"7A!
Title: 'I (Z-e ra s j 2E Z
Date: I 1 i -Zs) 201 �5
(Additional pages may be added to Exhibit "A' )
5
2019 Calendar Year Budget - Exhibit B
Organizational Expenses
Playhouse Rental
$
18,000
Phone/Internet
$
360
Website Hosting
$
360
Merchant Fees
$
4,000
Marketing -Current Ads
$
4,400
Marketing - Misc
$
3,600
Insurance
$
1,564
Office Supplies
$
500
Tax & License Fees
$
100
Other Misc
$
2,000
Total Organizational Expenses
$
34,884
Non Musicals Plays
Musicals
Rights
$ 3,000
Scripts
$ 300
Expenses
$ 3,000
Printing
$ 1,200
Rights $ 6,000
Expenses $ 5,000
Printing $ 1,600
Total Season $ 20,100
Total Expenses $ 54,984
Income
Season Tickets
$
3,800
Non Musicals Plays
$
13,000
Musicals
$
17,000
Ad Revenue
$
1,560
Donations
$
2,000
Memberships
$
3,400
Interest
$
900
Carmel City grant
$
15,000
Clay Township Grant
$
2,000
Total Income
$
58,660
Net Profit
$
3,676
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
AFFIDAVIT
I, I— A R R q o ns T A G , an authorized representative
of C►Aamu- L C ,�;vnmu,j�-q PL z� L 1,,JC, ("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 $ "7 G ., 5 S ( >
Signature
Printed Name AQ2,] M c„.� TAG,
Subscribed and sworn to before me, the undersigned Notary Public, this i day of
2018.
F
HY WE00ER
y Public - Seal
te of Indiana
ilton County
on Expires Jan 29, 2022
Si ature - N ary ublic
Printed Name
Resident of 1;I#, I%L-DA)-County, Indiana
My Commission Expires:
6
2018 City of Carmel Grant Spending
Exhibit G — Impact of $15,000 Grant
With the grant money provided by the City of Carmel during 2018, the
Carmel Community Players were able to bring high quality shows to the
Carmel area at very affordable prices. Our ticket prices are only $16 for
adults and $14 for seniors and students for dramas and $20 for adults and
$18 for seniors and students for musicals. We also offer season ticket and
playhouse pass options that bring the average cost even lower.
For these prices we have produced some very high quality performances
as recognized by the Indianapolis Encore Association. The Encore
Association is made up of 11 community theaters in the greater
Indianapolis area including Shelbyville, Noblesville, Lebanon, Hendricks
County, Westfield, Carmel, and several theaters in Indianapolis. The
association has judges that go to all the productions and nominate theaters
for best comedy, best drama, best musical, best set design, etc. At the last
awards ceremony held in October at the IMA, the Carmel Community
Theater won 14 awards for our productions.
We are proud of our ability to provide high quality live theater to our
community and strive to continue to do so in the future. We are also proud
of the City of Carmel for providing support to the arts community. We
acknowledge your support during our curtain speeches, display the City of
Carmel logo in our programs and posters that are posted throughout the
community.
I hope that the relationship between the Carmel Community Players and
the City of Carmel will continue into the future and feel strongly that the
community receives a great value for the grant money.
2018 City of Carmel Grant Spending
Exhibit G - Grant Amount of $15,000
As of November 28, 2018
Other Desert Cities
Set & Props $ 1,036
Printing $ 332
American Buffalo
Printing $ 395
Ragtime
Royalities Reimb
$
(198)
Set & Props
$
2,124
Costumes
$
1,442
Printing
$
1,016
Is He Dead?
Royalities
$
900
Printing
$
517
Kitchen Witches
Royalities
$
900
Costumes
$
295
Set & Props
$
121
Printing
$
405
Forever Plaid
Royalities
$
3,210
Costumes
$
1,140
Set & Props
$
1,389
Printing
$
350
Best Xmas Pageant Ever
Royalities
$
1,160
Total Spending $ 16,534