Loading...
HomeMy WebLinkAboutResolution_BPW_01-19-22-09_Arts Grant_13350.00_Carmel Community Players, IncRESOLUTION NO. BPW 01-19-22-09 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’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, 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’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, 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 ofthe Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2022. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2022\\Acknowledge ArtsGrantCarmelCommunity Players Inc.docx1/7/202212:59PM DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 19th 1/19/2022 1/19/2022 1/19/2022 January 1/19/2022 c\ r1V CqR! a°,to1 pry r t N' 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 Community Players, 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: That on behalf of Grantee, a not -for -profit corporation, I, Larry Montag, 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 $ 13,350.00 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. DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 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); 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); 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 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 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. DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 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 o,l}munity Players, Inc. ("Grantee") BY .\ G wj—%(Signature) Printed Name cer: Larry tag Title: Treasurer Date: I 1 I z 2J 202-1 CITY OF CARMEL ("Grantor") By: James Brainard, Mayor Date: 12/29/2021 AL o \ ww Date: 12/29/2021 If you have any question conceming the City of Cannel's 2022 Arts Grant Program, grant writing, guidelines or application materials, contact: Sharon Kibbe, City of Cannel, One Civic Square, Camnel, IN 46032, Phone: 317-571-2483, skibbe@carmel.in.goy. G! DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF Exhibit "A" An Application and Description of the Proposed Use of the Grant Funds APPLICANT: Name of organization: Carmel Community Players, Inc. Address: 1950 E Greyhound Pass Suite 18-302 Carmel IN 46033 Telephone: 317-815-9387 Contact Person: Larry Montag, Treasurer Email: Lmontajz@carmelplayers.org APPLICATION AMOUNT: $130,000 DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: 30,000 of the requested grant for the 2021 calendar year will be used to bring quality live theater to the Carmel area. The grant money will be used to help defray the costs for rent, royalties, set construction, costumes, and printing associated with six plays/musicals we plan to present during 2021. These shows include "The Curious Incident of the Dog in the Nighttime", The Fantasticks", A Medley of Murders, "Shipwrecked", and two more to be determined. The remaining $100,000 of the requested grant will be used to convert three store fronts in the Meridian Village Plaza into a 137 seat playhouse. This playhouse will have a 40' x 24' stage, two dressing rooms, three bathrooms, and a concession area. The cost for the renovation is estimated at $270,000 which does not include the stage, seating area, lights, or sound systems. Those items will be funded by a fundraising capital campaign that we are currently undertaking. Additional pages may be added to Exhibit "A") By: \ L%.—w "I Cy.. Printed Name of Off er: Larry Title: Treasurer Date: 11/23/2021 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF LLMM UNITS PIA W 1950 € Greyhound Pass, Suite 302, Carmel, IN 46033, (317) 815-9387 www. carmel players. orq November 23, 2021 Mayor Jim Brainard, I wanted to write this cover letter to our grant request to provide further explanation of the unusual circumstances surrounding our needed future financial support. Since the start of the pandemic we have been unable to perform our regularly scheduled shows. Our attempt in July 2020 to perform a musical resulted in the show being cancelled after only 6 performances because one of the actors tested positive for COVID. In total, our annual revenue was decreased by 70%from a normal year. Applying the normal grant guideline of 1/3 to these depressed revenues would allow us to only apply for $7,000 or half the amount we were getting prior to the pandemic. I believe with our new playhouse and having a greater number of performances, our total revenue would be around $90,000 which could justify a grant amount of $30,000. That is why the attached grant request includes a $30,000 annual grant. In addition, as you know, we are in the midst of a capital campaign to raise funds to renovate an existing storefront to accommodate a playhouse for the foreseeable future. In our 28 year history, we have only had a permanent playhouse for approximately 9 years. The other 19 years was spent renting from various church's, the old city meeting hall, and most recently from The Cat in downtown Carmel. Our plans are to convert three empty storefronts in Meridian Village Plaza into a playhouse. The expected cost to establish this great facility is almost $600,000. As I said we are in the middle of raising a good portion of this money through fund raising events, corporate naming opportunities and ways our patrons can buy a seat, etc. Part of the attached grant includes a one time grant of $100,000 to help with this capital project to fund a new theater in Carmel. Larry Mootag Treasurer, Carmel Community Players DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 2022 Calendar Year Budget - Exhibit B Organizational Expenses Playhouse Rental 75,000 Equipment Repair 300 Phone/Internet 1,400 Website Hosting 1,040 Merchant Fees 4,500 Marketing -Current Ads 4,400 Marketing -Misc 3,600 Insurance 2,700 Office Supplies 1,000 Tax & License Fees 100 Other Misc 2,000 Total Organizational Expenses 96,040 Non Musicals Plays Rights 6,000 Scripts 600 Expenses 4,500 Printing 2,000 Musicals Expenses $ 2,500 Printing $ 1,000 Total Season $ 16,600 Capital Expenditures $ 597,000 Total Expenses $ 709,640 Income Season Tickets 2,000 Non Musicals Plays 38,700 Musicals 10,000 Donations 4,400 Memberships 4,000 Interest 300 Carmel City grant 130,000 Indiana Arts grant 5,000 Capital Campaign Donations 440,000 Total Income 634,400 Net Profit 75,240) DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF Exhibit C DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF STATE OF INDIANh oFFICV OF THE SECRETARY OF STATE CERTIFICATE OF INCORPORATION OF CARMEL COMMUNITY PLAYERS, INC. 1 ;.X;SF , SVC fUtA ty Of SI A LO W I ov lone" I et,/ (:z ; C, I ( ". 0 a ALIv(, 4 the dbOve Qt,4)tat LD0, f•t '.'—rkvA t N- I A (; I rid Uj t h tt tees pt ArU,. f % 0(-'! 14W; t t:41 t, d I L as preficr. iced ty ru vi i cns of L ;A(' Tuna !Zvrlrmfct Act Qf 1991, j3se3 tt) Such COr Iotat 101) t :d 3 C'440' If lc4r4 of C.rjt 1,:%' sr:.: Id: t !i%t cwrc i fy 1,mAt t t o e t%, 1 ote ";k 1 Stan co d I L"P'j In 1,-, Airrmsb whervof, , : Nave' morewito ke: f" hand and afflMec) tk;o avol or the itdtf= Indlifla, at rlm cit) •-;! In,) , vistlo, LF 1: vi f DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF XMI ROL RRVWS fi men DISTRICT DINSCPON P. 0. s011 7508 CINCImm, ON 45201 sea: Nov p t a C MIL Com"M ss PLArm INC Po Noy 455 CUM, IN 46032-0455 Does applicant: DiPAR'!MW OF TAX TANA$= 5ployer Identification NusWr: 35-1691503 DLN: 17033206736030 Contact Person: a. A. DONKM Contest T*lopbase Number: 677) 835-5500 Our Letter Dated: Npril 19% No Addsndne.3pplios: This modifiq our letter of the above date in VU06 we stated that you would be treated ee an organisation that to not *privet* foundation until the weiration of your advance saline period, Your arspt statua under section $01(a) of the Internal 8eveoua Code u an ee e eennlination described to ooatiom 501(a)(3) is still in offect. 5seed sa the informstion you submitted, we here determined that you an not a private foundation within the *voting of section 505(e) of the Code because you era en organisation of the type dasoribed in Bastion 500(a)(1) and 170(b)(1)(A)(ti). Grantors and contributors say rely an We determination unless the Internal Raveaw service puylimbes notice to the contrary. Nowevor, it you lose your section $at(a)(1) status, a grantor or contributor may not rely on this dotesminatiom it be or she tans in part respooeiblo for, or was awsre of, the act or failurrf to act, or the substantial at matorial oheaga an the part of the olgaaintion that resulted in your lase of much status, cc if he or she acwdxed knowledge bpi thatclastheeZateemal d a iwt SOfservice give- that you would so It we bove indicated in the heeding of this letter that an oddendum applies, the adds"m enclosed is an integral part of this letter. Seams" this letter Could 1e3a resolve any gwstioss about your Private foundation status, pleats lap it in yaps Permanent records. It you hove nay Questions, Plesse ocatact the person whose name and tolibbbb i dNSDar UV shown above.•• _. .._- . sincerely yours, a et: iat A atoe Letter 1050 ( Do/CO) DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF STATE OF INDIANA SS: COUNTY OF HAMILTON ) AFFIDAVIT I, Larry Montag, an authorized representative of Carmel Community Players, Inc. 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 previous fiscal year totaled $22,147. Signature Printed Name: Larry Montag Subscribed and sworn to before me, the undersigned Notary Public, this day of I \OV2,mhP1( 2021. SEAL] c r ue SHARON M. KIBBE r S fi Residert of Hamilton Co. My Commission Expires iN July 12, 2026 Signature - Notary Public Printed Name StiOIcD n iV1 . Resident of County, Indiana My Commission Expires: \ Q DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF Exhibit E DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF Short Form Form 990-EZ Return of Organization Exempt From Income Tax Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except private fount Ianmentofthe TreasurygmalRevenueservice A For the 2020 calen a Check if applicable: Address change J Name change Initial return Final returnAermnated A nendecl return Do not enter social security numbers on this form, as it may be made public. Go to www.1rs.gov/Form99oEZ for instructions and the latest information. OMB No. 1545-0047 20020 imiiv o, orya,n<uuon D Employer identification number CARMEL COMMUNITY PLAYERS INC 35-1898503 Number and street (or P.O. box if mail is not delivered to street address) Room/suhe E Telephone number 1950 E Greyhound Pass Suite 18-302 1 317-815-9387 City or town, state or province, country, and ZIP or foreign postal code F Group Exemption Carmel, IN, 46033 Number G Accounting Method: Cash Accrual Other (specify) H Check " if the organization is not I Webalte: www.carmelplayers.org required to attach Schedule B J Tax-exempt status (check only one) — 501(c) 3 501(c) t (insert no.) 4947(a)(1 I or 527 (Form 990, 990-EZ, or 990-PF). K Form of organization: 0 Corporation Trust Association Other L Add lines 5b, so, and 7b to line 9 to determine gross receipts. If gross receipts are $200,000 or more, or if total assets Part II, column (B)) are $500,000 or more, file Form 990 instead of Form 990-EZ . . . . . . . . . . . . $ 22,147 Revenue, Expenses, and Changes in Net Assets or Fund Balances (see the instructions for Part I) Check if the rtmAni7atinn I Isari Rnharllda n rn tr, ern, ..,,awn..,, i. tr.i. Dew 1 n 1 Contributions, gifts, grants, and similar amounts received . . . . . . . . . . . . . 2 Program service revenue including government fees and contracts . . . . . . . . . 3 Membership dues and assessments . . . . . . . . . . . . . . . . . . . . 4 Investment income . . . . . . . . . . . . . . . . . . . . 5a Gross amount from sale of assets other than inventory . . . . 5a 0 b Less: cost or other basis and sales expenses . . . . . . . . 5b 0 c Gain or (loss) from sale of assets other than inventory (subtract line 5b from line 5a) . . . . 6 Gaming and fundraising events: 1 20,495 2 21 3 0 4 1,631 5c 0 c Ib cc a Gross income from gaming (attach Schedule G if greater than 15,000) . . . . . . . . . . . . . . . . . . . . 6a o Gross income from fundraising events (not including $ o of contributions from fundraising events reported on line 1) (attach Schedule G if the sum of such gross income and contributions exceeds $15,000) . . 6b 0 c Less: direct expenses from gaming and fundraising events . . . 6c 0 d Net income or Qoss) from gaming and fundraising events (add lines 6a and 6b and subtract line 6c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7a Gross sales of inventory, less returns and allowances . . . . . 7a 1 0 b Less: cost of goods sold . . . . . . . . . . . . . . 7b o c Gross profit or (loss) from sales of inventory (subtract line 7b from line 7a) . . . . . . . 8 Other revenue (describe in Schedule O) . . . . . . . . . . . . . . . . . . . 9 Total revenue. Add lines 1, 23 3, 4, 5c, 6d, 7c, and 8 . 6d 0 7c 0 8 0 9 22,147 d a 10 Grants and similar amounts paid gist in Schedule O) . . . . . . . . . . . . . . 11 Benefits paid to or for members . . . . . . . . . . . . . . . . . . . . . 12 Salaries, other compensation, and employee benefits . . . . . . . . . . . . . . 13 Professional fees and other payments to independent contractors . . . . . . . . . . 14 Occupancy, rent, utilities, and maintenance . . . . . 15 Printing, publications, postage, and shipping . . . . . . . . . . . . . . . . . 16 Other expenses (describe in Schedule O) 17 Total expenses. Add lines 10 through 16 . 10 0 11 0 12 0 13 0 14 17,347 15 656 16 3,015 17 21,218 w Z20 18 Excess or (deficit) for the year (subtract line 17 from line 9) . . . . . . . . . . . . 19 Net assets or fund balances at beginning of year (from line 27, column (A)) (must agree with end -of -year figure reported on prior year's return) . . . . . . . . . . . . . . . Other changes in net assets or fund balances (explain in Schedule 0) . 21 Net assets or fund balances at end of year. Combine lines 18 through 20 18 929 19 108,643 20 0 21 109,572 ror raperworK neauotlon Act Nonce, see the separate instructions. Cat. No. 106421 Form 990-EZ (2020) DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF Carmel Community Board of Directors Exhibit F Lori Raffel — President Rich Phipps — Vice President Dee Timi — Secretary Larry Montag — Treasurer Charlie Hanover — Executive Producer Tim Paramore David Muse Sam Brown Jeremy Ried Bill Miller David Moore DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 2021 City of Carmel Grant Spending Exhibit G — Impact of $6,000 Grant Unfortunately, due to the pandemic, we were not able to perform our normal schedule of plays for an entire season. We were able to perform stage readings of 3 plays at the Prime Life Center in Carmel, presented 5 performances of the play "Boeing Boeing" at The Cat, and are currently in rehearsal for the Christmas classis "It's A Wonderful Life" to be performed the first weekend in December, also at The Cat. We are proud of our ability to provide high quality live theater to our community and hope that in 2022 we can resume staging a complete season of performances. 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. DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 2021 City of Carmel Grant Spending Exhibit G - Grant Amount of $6,000 As of November 23, 2021 Stage Readings Rent $ 178 Boeing Boeing Rent $ 1,500 Total Spending $ 1,678 Note -To be Spent It's A Wonderful Life Rent $ 1,9S0 Due 12/1 Fantasticks Rent $ 2,410 Due 12/15 Forecasted Total $ 6,038 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF