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Home My WebLink About01-23-19-28/Arts Grant/Indiana Music Education Association FoundationRESOLUTION NO. BPW 01-23-19-28 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING ARTS GRANT WHEREAS, pursuant to Indiana Code 36-14-7, 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. SO RESOLVED this Z- day of , 2019. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Ak�- James Brainard, Presiding Officer ATTEST: Christine Pauley, Clerk -Treasurer Date: 5:1E Bass\My Documents\BPW-Resolutions\2019iAcknowledge Arts Grant Indiana Music Education Association Foundation.docxl/14120193:13 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 Indiana Music Education Association Foundation (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: That on behalf of Grantee, a not -for -profit corporation, I, Lane Velayo 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 $ 7,000.00 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. 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: 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 K 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 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: I Association Foundation("Grantee") By: (Signature) Printed Name of Officer: I ane Velayn Title: FYPrtttive nirertor Date: 11/16/2018 CITY O CARME "Grantor") By: a� James Brainard, Mayor ate: 1-7-2019 IATT ,ST: '��24 �-� 16 Date: 1-7-2019 If you have any question concerning the City ofCarmel'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, skibbeiri?carmel.in.gov. n Exhibit "A" An Application and Description of the Proposed Use of the Grant Funds APPLICANT: Name of organization:lndiana Music Education Association Foundation Address:pn FtnY--Anrq,R InriianannlicIN 4R99n Telephone: 317-342-4100 Fax: Contact Person: Lane Velayo Email: la nPQ imeamusic- pro APPLICATION AMOUNT: $ 7,000.00 Not to eviceert 113 of previous year revenue/i►rco►ne DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: The Indiana Music Education Association hosts its Festival & Clinic program throughout the state of Indiana The focus of the Festival is the experience of performing quality literature and education, not on a rating. The clinicians assign no rankings to groups that perform. The power of the festival centers on the immediate feedback received by each group during the clinic session and the high quality performance opportunity. Clinicians work with groups to reinforce what is taught in class while providing positive feedback for the work that has been done. IMEA currently hosts a festival annually at one of the Carmel Elementary schools for elementary aged students and would like to expand that program to provide an opportunity for schools to perform at the Palladium by hosting a festival experience there one weekend at the end of February/March in 2020. Using the funds for a future year will help us ensure that this program can take place and be advertised to area schools who wish to participate. Many students do not get the opportunity to perform in a professional venue like the Palladium and IMEA feels that combining this learning opportunity with a chance to play at a venue like the Palladium will be a once in a lifetime opportunity that many of these students wouldn't otherwise have. IMEA's goal is to have rent of the venue covered through grants so that it can use its limited funds to hire clinicians and cover other festival related expenses. By:E:!�� Printed Name of Officer:) an - V -layo Title:Executive Director Date:1 1/9/2018 (Additional pages may be added to Exhibit "A") IMEA Budget Planning Profit Loss Budget July 2018 through June 2019 Jul '18 -Jun 19 Budget Ordinary Income/Expense Income 40000 Registrations $304,000.00 40050 Royalty Income $ 10,000.00 40100 Ticket Sales $ 19,000.00 40150 Member Dues 40155 • Individual $ 16,000.00 40160 • Corporate $ 6,000.00 40150 • Member Dues - Other Total 40150 • Member Dues $ 21,456.00 40200 • Grant Revenue $ 36,000.00 40210 • Support from IMEA Foundation 40250 • Exhibit Booth Rental $ 37,000.00 40300 • Advertising $ 16,000.00 40350 • Sponsorships $ 18,000.00 40400 • Miscellaneous Income $ - 40450 • Reimbursements $ 40,000.00 40500 • Interest and Dividends $ 75.00 40550 • Realized Gain (Loss) $ - Total Income 501,531.00 Gross Profit 501,531.00 Expense 54900 • Bad Debt 50000 • Personnel 50005 • ED Salary $ 65,253.00 50010 • Office Coordinator $ 24,000.00 50015 • Conductor Stipends $ 10,000.00 50020 • Project Chair Stipends $ 15,500.00 50030 • Accompanist Stipends $ 6,500.00 50040 • Sub Pay $ 200.00 50050 • Clinician Stipends $ 9,000.00 50060 • Performers $ - 50070• Other $ 3,500.00 50000 • Personnel - Other Total 50000 • Personnel 133,953.00 51000 • Taxes and Benefits 51005 • Payroll Taxes $ 6,800.00 51010 • Benefits $ 5,000.00 51015 • IRA Contribution $ 4,800.00 51000 • Taxes and Benefits - Other $ 4,049.75 Total 51000 • Taxes and Benefits 20,649.75 52000 • Professional Fees 52005 • Accounting $ 10,000.00 Page 1 of 2 IMEA Budget Planning Profit Loss Budget July 2018 through June 2019 Jul '18-Jun 19 Budget 52010 Legal $ 52015 Technology Consulting $ - 52020 Payroll Processing $ 2,098.00 52025 Other Professional Fees $ 10,750.00 52000 Professional Fees - Other $ 2,000.00 Total 52000 • Professional Fees 24,848.00 53000 • Printing $ 15,000.00 53100 • Postage $ 11,000.00 53300 • Supplies $ 10,000.00 53400 • Website/Technology $ 15,000.00 53500 • Office Equipment $ 6,900.00 53600 • Telephone & Internet $ 3,000.00 53700 • Professional Development $ 1,300.00 53800 • Marketing $ 3,000.00 53900 • Insurance $ 3,500.00 54000 • Bank and Credit Card Fees $ 7,000.00 54100 • Advocacy $ 3,000.00 54200 Travel $ 14,000.00 54300 Meals $ 55,000.00 54400 Hotel $ 90,000.00 54500 • Facility Rental $ 62,000.00 54600 • Reimbursable Expenses $ - 54700 • Misc. Event Expenses $ - 54705 • Scholarships $ 1,200.00 54700 • Misc. Event Expenses - Other $ 28,000.00 Total 54700 • Misc. Event Expenses 29,200.00 54800 • Miscellanous Expense Composition Competition Exp Total Expense $ 499,748.90 Net Ordinary Income 1,782.10 Net Income 1,782.10 Page 2 of 2 STATE OF INDIANA } SS: COUNTY OF HAMILTON AFFIDAVIT I, Lane Velayo , an authorized representative of Indiana Music Education Association Foundation ("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 $ -"4'89, `7 So Signature Printed Name Lane Velayo Subscribed and sworn to before me, the undersigned Notary Public, this day of q,J e �v-L Y- , 2018. OFFICIAL sAL Signature - Notary Public a AR 3 CA57RQ NOTARY PU PU9UC • iNDiANA MARION COUNTY Printed Name Y1�� %#Y Comm. Expires February 9, 2025 Resident of County, Indiana My Commission Expires: Fe- J C) i — � a � 6