HomeMy WebLinkAbout01-22-20-06/Carmel Fountain Square Committee/12,000/Arts Grant Program Agreement RESOLUTION NO.BPW 01-22-20-06
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING ARTS GRANT PROGRAM 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 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's Office,and made available to the public for review.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel 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 F omptly filed in the office of the Clerk and thereafter made available to the public
for review. ,
SO RESOLVED this'� day of fL ‘ , 2020.
CITY OF CARMEL,INDIANA
By and through its Board of Public Works and Safety
BY:
Mat- 19(6.0/1;
James Brainard,Presiding Officer
D te:
Ma Ann urke,Me e1j
Date: / O` A9
Lori .Watso , em7r
Date: �1 aOu O
ATTEST:
4ta
Sue Wolfga g,C klk Date: ��� a ,)C)
S:\E Bass\My Docu(ments\BPWResolutions\202/Acknowledge Ms Grant Carmel Fountain Square Committee.docx11141 n p 9:42 AM
.�.� of Cel ft
nsRsy�F!
ae =_
f!___illill., )•
Jo
ARTS GRANT PROGRAM
AGREEMENT
This Grant Agreement (herein referred to as "Agreement") entered into by and between the City
of Carmel (the "City") and Carmel Fountain Square Committee (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, I, Mark Stults
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 $ IoZ,00D. DO 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 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, unaudited Balance Sheet and Income Statement, 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 Cannel
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 Cannel 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 Cannel in the printed materials
associated with a funded program or project. The City of Cannel 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:
Carmel Fountain Square Committee ("Grantee")
By: 7////aA 4' (Signature)
Printed Name of Officer: Mark Stu Its Title: Treasurer
Date: 11/27/2019
CITY OF ARMEL (" antor") r-
By: tf—v
James Brainard, Mayor
Date: / 6 r7
A ST:
Date: I — eRn1q
If you have any question concerning the City of Cannel's 2020 Arts Grant Program,grant writing,guidelines or application materials,contact:
Sharon Kibbe,City of Cannel,One Civic Square,Cannel,IN 46032,Phone:317-571-2483,skibbe@carmel.in.gov.
4
Exhibit "A"
An Application and Description of the Proposed Use of the Grant Funds
APPLICANT:
Name of organization: Carmel Fountain Square Committee
Address: PO Box 4155
Carmel, IN 46032
Telephone: 317-518-9787 Fax:
Contact Person: Mark Stults
Email: loustults@gmail.com
APPLICATION AMOUNT: $ 12,000
DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS:
To continue to run the Summer Concert Series at the Gazebo.
By: 7 aAA43A
Printed Name of Officer: Mark Stults
Title: Treasurer
Date: 11/27/2019
(Additional pages may be added to Exhibit"A")
5
Carmel Fountain Square Committee
2020 Budget
Total
Expense
60900•Business Expenses
60920•Business Registration Fees 22.00
Total 60900• Business Expenses 22.00
62100•Contract Services
62120•Tax Preparation Fees 240.00
62150•Performers Fees 40,000.00
Total 62100•Contract Services 40,240.00
62800•Facilities and Equipment
62810• Event Prep&Cleanup 1,600.00
Total 62800•Facilities and Equipment 1,600.00
65000•Operations
65020•Postage,Mailing Service 80.00
65030•Printing and Copying 2,100.00
65040•Supplies 100.00
65045• Performance Supplies 50.00
Total 65000•Operations 2,330.00
65100•Other Types of Expenses
65120•Insurance-Liability,D and 0 1,132.00
Total 65100•Other Types of Expenses 1,132.00
65200•Website Expenses
65210•Website Hosting 250.00
Total 65200•Website Expenses 250.00
Total Expense 45,574.00
Page 1 of 1
State of Indiana
Office of the Secretary of State
CER lIFICATE OF INCORPORATION
of
CARMEL FOUNTAIN SQUARE COMMITTEE, INC.
I,TODD ROKITA,Secretary of State of Indiana, hereby certify that Articles of Incorporation
of the above Non-Profit Domestic Corporation have been presented to me at my office,
accompanied by the fees prescribed by law and that the documentation presented conforms to
law as prescribed by the provisions of the Indiana Nonprofit Corporation Act of 1991.
NOW,THEREFORE,with this document I certify that said transaction will become effective
Wednesday,April 23, 2008.
In Witness Whereof,I have caused to be
.ems S7"A affixed my signature and the seal of the
�(�;.••''�~ '•., State ofIndiana, at the City of Indianapolis,
// 'y. April 23,2008.
1111 (100441
ti
•�, • ' ` r�` • TODD ROKITA,
w. ear SECRETARY OF STATE
2008042 300524/2 00804232545 8
INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
P. O. BOX 2508
CINCINNATI, OH 45201
•
Employer Identification Number:
Date: • 41-2277254
FEB 1 r 2009 DLN:
17053324304008
CARMEL FOUNTAIN SQUARE COMMITTEE Contact Person:
INC GARY L BOTKINS ID# 31463
PO BOX 4155 Contact Telephone Number:
CARMEL, IN 46082-4155 (877) 829-5500
Accounting Period Ending:
December 31
Public Charity Status:
170(b) (1) (A) (vi)
Form 990 Required:
Yes
Effective Date of Exemption:
April 23, 2008
Contribution Deductibility:
Yes
Addendum Applies:
No
Dear Applicant:
We are pleased to inform you that upon review of your application for tax
exempt status we have determined that you are exempt from Federal income tax
under section 501(c) (3) of the Internal Revenue Code. Contributions to you are
deductible under section 170 of the Code. You are also qualified to receive
tax deductible bequests, devises, transfers or gifts under section 2055, 2106
or 2522 of the Code. Because this letter could help resolve any questions
regarding your exempt status, you should keep it in your permanent records.
Organizations exempt under section 501(c) (3) of the Code are further classified
as either public charities or private foundations. We determined that you are
a public charity under the Code section(s) listed in the heading of this
letter.
Please see enclosed Publication 4221-PC, Compliance Guide for 501(c) (3) Public
Charities, for some helpful information about your responsibilities as an
exempt organization.
Letter 947 (DO/CG)
CARTEL FOUNTAIN SQUARE COMMITTEE
We have sent a copy of this letter to your representative as indicated in your
power of attorney.
Sincerely,
a
ti31;erifil€3:21111
61
Robert Choi
Director, Exempt Organizations
Rulings and Agreements
Enclosures: Publication 4221-PC
•
•
Letter 947 (DO/CG)
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
AFFIDAVIT
1, John Eaton , an authorized representative
of Carmel Fountain Square Committee (`Grantee"), being first duly sworn upon
my oath, state that pursuant to paragraph 2 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 calendar year ending 2018 totaled $45,450
4/ RA
Sit Pint d atur ame --kjAK L4-01
Subscribed and sworn to before me, the undersigned Notary Public, this ,1Qth day of
2ceXY,loRy- , 20A .
Signature -Notary Public
Printed Name �YIC c v Va. (\./AC%�
[SEAL] 11 _
Resident of \��(lf\��'l(�N-3 County, Indiana
ic
My Commission Expires: V,� �a.i �O al(
�e SHARON M. KIBBEi Resident of Hamilton Co.
��* My Commission Expires
July 12,2026
6
1:45 PM Carmel Fountain Square Committee
12/01/19 Balance Sheet
Accrual Basis As of December 1,2019
Dec 1,19
ASSETS
Current Assets
Checking/Savings
0140082•Checking 37,707.14
Total Checking/Savings 37,707.14
Total Current Assets 37,707.14
TOTAL ASSETS 37,707.14
LIABILITIES&EQUITY
Equity
30000•Opening Balance Equity 54,564.39
32000•Retained Earnings -21,949.86
Net Income 5,092.61
Total Equity 37,707.14
TOTAL LIABILITIES&EQUITY 37,707.14
Page 1
1:56 PM Carmel Fountain Square Committee
12/01/19 Statement of Financial Income and Expense
Accrual Basis January 1 through December 1,2019
Unclassified TOTAL
Ordinary Income/Expense
Income
43400•Direct Public Support
43450•Sponsor Contributions 45,450.00 45,450.00
Total 43400• Direct Public Support 45,450.00 45,450.00
Total Income 45,450.00 45,450.00
Gross Profit 45,450.00 45,450.00
Expense
60900•Business Expenses
60920•Business Registration Fees 22.00 22.00
Total 60900•Business Expenses 22.00 22.00
62100•Contract Services
62120•Tax Preparation Fees 240.00 240.00
62150•Performers Fees 34,900.00 34,900.00
Total 62100•Contract Services 35,140.00 35,140.00
62800• Facilities and Equipment
62810•Event Prep 8 Cleanup 1,613.96 1,613.96
Total 62800•Facilities and Equipment 1,613.96 1,613.96
65000•Operations
65020•Postage,Mailing Service 80.00 80.00
65030•Printing and Copying 2,095.21 2,095.21
65040•Supplies 94.31 94.31
65045•Performance Supplies 23.88 23.88
Total 65000•Operations 2,293.40 2,293.40
65100•Other Types of Expenses
65120•Insurance-Liability,D and 0 1,132.00 1,132.00
Total 65100•Other Types of Expenses 1,132.00 1,132.00
65200•Website Expenses
65210•Website Hosting 156.03 156.03
Total 65200•Website Expenses 156.03 156.03
Total Expense 40,357.39 40,357.39
Net Ordinary Income 5,092.61 5,092.61
Net Income 5,092.61 5,092.61
Page 1
Confirmation
au=I Security Profile I Lcaait
Your Form 990-N(e-Postcard)has been submitted to the IRS
• Organization Name:CARMEL FOUNTAIN SQUARE COMMITTEE INC
• EIN:412277254
• Tax Year:2018
• Tax Year Start Date:01-01-2018
• Tax Year End Date: 12-31-2018
• Submission ID: 10065520191012780083
• Filing Status Date:04-11-2019
• Filing Status:Accepted
MANAGE FORM 990-N SUBMISSIONS
e-Postcard View https://sa.www4.irs.gov/epostcard/secure/990n/forms/print/
Form 990-N Electronic Notice (e-Postcard) OMB No. 1545-2085
Department of the Treasury for Tax-Exempt Organization not Required to File Form 990 or 996-EZ 20 8
Internal Revenue Service
Open to Public Inspection
A For the 2018 Calendar year,or tax year beginning 2018-01-01 and ending 2018-12-31
B Check if available C Name of Organization:CARMEL FOUNTAIN SQUARE D Employee Identification
Terminated for Business COMMITTEE INC Number 41-2277254
Gross receipts are normally$50,000 or less
PO Box 4155,CarmeG tN,US,
46082
E Website: F Name of Principal.Officer:Mark SteIts
PO Box 4165,Carmel.IN,US,
Privacy Act and Paperwork Reduction Act Notice:We ask for the inforritaficonon this form to carry out the Internal Revenue laws of the United States.
You are required to give us the information.We need It to ansure that yoaare complying with these laws.
The organization is not required to provide information requeeied-on a form that is subject to the Paperwork Reduction Act unless the form displays a
valid OMB control number.Books or records relating to a firm or=its instructions must be retained as long as their contents may become material in the
administration of any Internal Revenue law.The rules govem-ntkihe confidentiality of the Form 990-N is covered in code section 6104.
The time needed to complete and file this form and related schedules will vary depending on the individual circumstances. The estimated average times
is 15 minutes.
Note:This image is provided for your records only.Do Not mail this page to the IRS.The IRS will not accept this filing via paper.You must file
your Form 990-N (e-Postcard)electronically.
1 of 1 4/11/2019, 4:37 PM
Mark Stults
Carmel Fountain Square Committee
PO Box 4155
Carmel, IN 46082
loustults@gmail.com
1st December 2019
Sharon Kibbe
Office of the Mayor I City of Carmel
1 Civic Square
Carmel, Indiana 46032
317-571-2483 Direct 1317-844-3498 Fax I skibbe@carmel.in.gov
Dear Sharon,
The current Board of Directors of the Carmel Fountain Square Committee are:
• John Eaton, President
• Christine Eaton, Secretary
• Mark Stults, Treasurer
• Patti Steffen
• Bryan Bishop
• Melanie Brewer
• Doug Potter
• Kelli Prader
• Sue Wolfgang
We used to 2019 Carmel City Arts Grant to host another successful season of
the Carmel Gazebo Concerts. Thanks to this grant we were able to extend our
season,for the 2nd year in a row, by adding 4 extra shows through the month
of September. The overwhelming positive response from the community has
us excited to continue this new tradition at the gazebo.
Sincerely,
Mark Stults