HomeMy WebLinkAbout05-15-19-02/Acknowledging Grant Agreement; Carmel International Arts Festival, Inc RESOLUTION NO.BPW 05-15-19-02
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING GRANT AGREEMENT
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 Grant Agreement 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.
NOW, THEREFORE, BE IT RESOLVED by the City of Cannel Board of Public Works and Safety as
follows:
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. J//
SO RESOLVED this /& day of , 2019.
CITY OF CARMEL,INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard,Fret iding Officer
te: C�
Mary qurke,Mem /s /
Date:
Lori S.Wa o ember
Date: 5 /Sh 7
ATTEST: ,....%
Christ' e Pauley,Clerk-Tr sure64/s
Date: �J�
SAE Bass\My Documents\BPW-ResoMion512019\Acknowledge Grant AgreementCarmel International Arts Festival,Inc..doo5/2J201910:19 AM
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INDIANP
AGREEMENT
This Grant Agreement(herein referred to as "Agreement") entered into by and between the City
of Carmel (the "City" or "Grantor") and Carmel International Arts Festival 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 partnership with the
City to promote the arts through a public juried arts festival and other community
programming and events.
2. Tourism and Economic Development. The City believes the opportunity to provide
an international arts festival for its citizens will attract tourists from other cities and
states and encourage economic development and tourism.
3. Design and Implementation of Project. The Grantee agrees to use any and all grant
funds to accomplish the stated purpose in Sections 1 and 2 hereinabove.
4. Warranty of non-profit 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.
5. City'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 from the City for the purpose of an audit
requested by the City,the State of Indiana, or their designees.
6. Quarterly financial statements. Grantee agrees to provide the City quarterly
financial statements within 45 days after each quarter-end.
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7. Year-end review. Grantee agrees to provide the City a year-end report ("Year End
Report") for each year, describing how the grant was used and the impact of the
dollars received.
8. Use of Grant Funds by Grantee. The funds received by the Grantee pursuant to this
Agreement shall be used only to implement the Carmel International Arts Festival or
to accomplish the stated purpose in Sections 1 and 2 hereinabove 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 from the City.
9. Employment Eligibility Verification. The Grantee affirms under the penalties of
perjury that he/she/it does not knowingly employ any unauthorized aliens.
The Grantee affirms under the penalties of perjury that it has enrolled and is
participating in the E-Verify program as defined in Indiana Code § 22-5-1.7-3. 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.
10. 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, it waives
its 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.
11. 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.
12. 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 12 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.
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13. Continuation. Grantee agrees any grants awarded in any year shall be subject to the
terms of this Agreement.
14. Partnership. City agrees to work with Grantee to present Carmel International Arts
Festival.
15. Insurance. Grantee agrees to purchase liability insurance with standard terms and
City agrees that its insurance provides certain coverage for events held on City
property.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as
follows:
CARMEL INTERNATIONAL ARTS FESTIVAL INC. ("Grantee")
B �
Y
oan Cimino, President of the Board of Directors
Date: 00?
CITY OF CARMEL ("Grantor")
By: la 3 _
ames Brainard, Mayor
Date: 9 '30-/7
ATTEST:
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Date: — - . () I -1
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