HomeMy WebLinkAboutResolution_BPW_01-19-22-10_Redacted_Arts Grant_10680.00_Carmel Fountain Square CommitteeRESOLUTION NO. BPW 01-19-22-10
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 ArtsGrantCarmelFountain Square Committee.docx1/7/20221:00PM
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1/19/2022
19th January
1/19/2022
1/19/2022
1/19/2022
C
v OF CAR
a o
LIIVD I ANC
AGREEMENT
This Grant Agreement (herein referred to as "Agreement') entered into by and between the City
of Carmel (the "City') and Cannel 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:
t. That on behalf of Grantee, a not -for -profit corporation, 1, 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 $ 10,680.00 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.
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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
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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).
S. 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 WIIEROF, the parties hereto have made and executed this Agreement as follows:
Carmel Fountain Square Committee ("Grantee")
By:_M Gf (Signature)
Printed Name of Officer: Mark A Stults Title: Treasurer
Date: 11 /3012021 CITY OF CARMEL ("Grantor")
James Brainard, Mayor Date:
12/29/2021
A ST: Date: 12/
29/2021
If you have any
question concerning the City of Carmcl's 2022 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, skibbeOcarmel.in.eov. 4
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Exhibit "A"
An Application and Description of the Proposed Use of the Grant Funds
APPLICANT:
Name of organization: Carmel Fountain Square Committee
A,t,trpqc. PO Box 4155
Carmel, IN 46032
Telephone: 317-518-9787 Fax:
Contact Person: Mark Stults
Email: loustults ur7 mail.com
APPLICATION AMOUNT: $ 12,000.00
DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS:
We will use any funds granted to facilitate the 28th season of the Summer
Concert Series at the Carmel Gazebo.
Additional pages may be added to Exhibit "A")
Printed Name of Officer: Mark A Stults
Titi, Treasurer
11 /30/2021
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Carmel Fountain square committee
Ordinary LXHIBITIncome/Expense
Income
43400 - Direct Public Support
43450- Sponsor Contributions 40.000.00
Total 43400 - Direct Public Support 40.000.00
Total Income 40,000.00
Gross Profit 40.000.00
Expense
60900 - Business Expenses
60920 Business Registration Fees 22.00
Total 60900 - Business Expenses 22,00
62100 • Contract Services
62120 • Tax Preparation Fees 260.00
62150 • Performers Fees 40,000.00
Total 62100 - Contract Services 40,260.00
62800 • Facilities and Equipment
62810 • Event Prep S Cleanup 3,162.45
Total 62800 Facilities and Equipment 3,162.45
65000 • Operations
65020 • Postage, Mailing Service 118.00
65030 - Printing and Copying 259.41
65040 • Supplies 111.84
65045 • Performance Supplies 20.91
Total 65000 -Operations 510.16
65100 • Other Types of Expenses
65120 • Insurance • Liabiity, D and 0 1,351.00
Total 65100 • Other Types of Expenses 1,351.00
65200 - Website Expenses
65210 • Website Hosting 503.67
Total 65200 - Website Expenses 503.67
68300 - Travel and Meetings
68310 - Conference, Convention, Meeting 324.51
Total 68300 Travel and Meetings 324.51
Total Expense 46,133.79
Net Ordinary Income 6,133.79
Net Income 6,193.79
Page 1 of i
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EXHIBIT BUSINESS INFORMATION
d HOLLI SULLIVAN
C INDIANA SECRETARY OF STATE
is 1129/2021 07:54 PM
BusnsessDetails '
i
Business Name: CARMEL FOUNTAIN SQUARE Business ID: 2008042300524
COMMITTEE, INC.
Entity Type: Domestic Nonprofit Corporation Business Status: Active
Creation Date: 04/2312008 Inactive Date: Principal Office Address: 11 WBdwood
DR, Carmel, IN, Date: Perpetual Jurisdiction of Formation: Indiana Business
Entity Report Due 04l3012023 Date: Years Due: jl Governing
Pet
Title Name
Address
Treasurer Mark
Stults 1 I
Wildwood Drive, Carmel, John Eaton 1 Civic
Square, Carmel, IN, 46032, USA Incorporators Information Name Title Address
DOUGLAS C
HANEY Incorporator 49
HAWTHORNE DR, CARMEL, IN, Agent Information Type: Individual
Name: MARK STULTS
Address: 11
WILDWOOD DR, CARMEL,
IN,
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Cn...- INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
P. 0. BOX 2508 `
CINCINNATI, OH 45201 y -
FEB 1 '12009
Date:
CARMEL FOUNTAIN SQUARE COMMITTEE
INC
PO BOX 4155
CARMEL, IN 46082-4155
Dear Applicant:
employer Identification Number:
41-2277254
DLN:
17053324304008
Contact Person:
GARY L BOTKINS ID# 31463
Contact Telephone Number:
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
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)
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2-
CARMEL FOUNTAIN SQUARE COMMITTEE
We have sent a copy of this letter to your representative as indicated in your
power of attorney.
Enclosures: Publication 4221-PC
Sincerely,
ems.
RObeWt Choi
Director, Exempt organizations
Rulings and Agreements
Letter 947 (DO/CG)
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STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
AFFIDAVIT
I Mark A Stults
of Carmel Fountain Square Committee
an authorized representative
being first duly sworn upon
my oath, state that pursuant to paragraph 2 of the City of Cannel 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 year totaled 3} $15 , 450 . 00
g i / / 7
SEAL = Signature
Printed Name Mark A Stults
Subscribed and sworn to before me, the undersigned Notary Public, this 30-01-
day of
riciy Em 5 V- 2021.
Printed Name ag w T' `CAN CA, D
SEAL]
Resident ofCou ty, Indiana My
Commission Expirg5: , b
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EXHIBIT
0
D
6:27 PM Carmel Fountain Square Committee
12/15121 Profit & Loss
Accrual Basis January through December 2021
Jan • Dee 21
Ordinary Income/Expense
Income
43400 - Direct Public Support
43450 • Sponsor Contributions 15,450.00
Total 43400 • Direct Public Support 15,450.00
Total Income 15,450.00
Gross Profit 15,450.00
Expense
60900 • Business Expenses
60920 • Business Registration Fees 22.00
Total 60900 - Business Expenses 22.00
62100 • Contract Services
62120 • Tax Preparation Fees 260.00
62150 - Performers Fees 39,050.00
Total 62100 - Contract Services 39,310.00
62800 - Facilities and Equipment
62810 - Event Prep & Cleanup 3,162.45
Total 62800 - Facilities and Equipment 3,162.45
65000 - Operations
65020. Postage, Mailing Service 118.00
65030 • Printing and Copying 259.41
65040 • Supplies 111.84
65045 - Performance Supplies 20.91
Total 65000 • Operations 510.16
65100 - Other Types of Expenses
65120 - Insurance • Liability, D and O 1,351.00
Total 65100 - Other Types of Expenses 1,351.00
65200 - Website Expenses
65210 - Website Hosting 503.67
Total 65200 - Website Expenses 503.67
68300 - Travel and Meetings
68310 - Conference, Convention, Meeting 324.51
Total 68300 - Travel and Meetings 324.51
Total Expense 45,183.79
Net Ordinary Income 29,733.79
Net Income 29,733.79
Page 1
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Tax Year 2020 Form 990-N (e-Postcard)
Tax Period:
2020 (01/01/2020 - 12/3112020)
EIN:
41-2277254
Legal Name (Doing Business as):
Carmel Fountain Square Committee Inc
Mailing Address:
PO Box 4155
Carmel, IN 46082
United States
Principal Officer's Name and Address:
Mark Stults
PO Box 4155
Carmel, IN 46082
United States
Gross receipts not greater than:
50,000
Organization has terminated:
No
Website URL:
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November 30, 2021
Board of Directors 2022 Season
President: John Eaton
Treasurer: Mark Stults
Secretary: Christine Eaton
Board Members:
Melanie Brewer
Kelli Prader
Brian Bishop
Doug Potter
www. carmelrazeboconcerts. orP
not -for -profit organization
P. 0. Sox 4155 &wad, eM 46082
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EXHIBIT G
YEAR-END REPORT
The Gazebo Concert Series was cancelled the Summer of 2020 due to the COVID pandemic and the
monies from the 2020 City of Carmel Arts Grant were carried forward to 2021. Consequently, the
Carmel Fountain Square Committee wasn't awarded a City of Carmel grant in 2021. The 2020 City of
Carmel grant was used to pay for the Gazebo Concert Series for the Summer of 2021 concerts.
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