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HomeMy WebLinkAboutResolution_BPW_01-19-22-25_Redacted_Arts Grant_8900.00_Janus Development ServicesRESOLUTION NO. BPW 01-19-22-25 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 ArtsGrantJanusDevlopment Services Inc.docx1/7/2022 1:07PM DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 19th January 1/19/2022 1/19/2022 1/19/2022 1/19/2022 OF NMI A10'' ARTS GRANT PROGRAM AGREEMENT This Grant Agreement (herein referred to as "Agreement") entered into by and between the City of Carmel (the "City") and Janus Development Services 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 on behalf of Grantee, a not -for -profit corporation, 1, Yolanda Kincaid , 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 $ 8 , goo . 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. DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 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 (EXHIBITA); 2. A budget for the calendar or fiscal year for which the grant is requested (EXHIBITB); 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 Federalincometax (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 hereinEXHIBITG). 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 ofCarmel, the State of Indiana, or their designees. Said review or audit, if requested, shall be performed by a Certified Public Accountant ("CPA") who 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. Quarterly financial statements. Grantee agrees to provide the City of Carmel quarterlyfinancialstatementswithin45daysaftereachquarter -end for Grant awards in excess DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 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. 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. DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 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: Janus Develo ment Services Inc. ("Grantee") By: (M4C)&IA2f (Signature) Printedt Name of Officer: Yolanda Kincaid Title: President/CEO Date: 11/22/2021 CITY OF CARMEL ("Grantor") James Brainard, Mayor Date: 12/29/2021 A. TTFST: Date: 12/29/2021 If you have any question concerning the City of Camel's 2022 Arts Grant Program, grant writing, guidelines or application materials. contact: Sharon Kibbe, City of Carmel. One Civic Square, Cannel. IN 46032, Phone: 317-571-2483, ski bbeldcaimel in gov. 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: Janus Developmental Services, Inc. Address: 1555 Westfield Road Noblesville, IN 46062 Telephone: (317) 773-8781 Fax: (317) 773-8798 Contact Person: Yolanda Kincaid Email: ykincaid@ianus-inc.ore APPLICATION AMOUNT: $20,000 DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: Imagine a world where you are unable to communicate in a way that others can understand. A world where you want to contribute, but your limitations make it difficult to do so. A world where you want more than anything to have a job, but have difficulty finding meaningful employment. This is a world that people with disabilities often experience when they do not have programs, services and support available to assist them in achieving their dreams. For over 40 years, Janus has been committed to providing individuals with disabilities the opportunity to participate and contribute within their community. Janus respectfully requests grant funding of $20,000 to continue to address and enhance the rapid growth of its very successful Hidden Talents and Canvas Art Programs. By providing these program opportunities, we are witnessing the many benefits and life changing impacts that these programs provide to our participants as they continue to develop their creative talents and craft artwork to share with the community. If awarded, the funding will be used to purchase needed art supplies, art studio equipment, provide art instruction, fund staff salaries and financially assist with the expenses associated with increased opportunities to create, display and sell the finished artwork. Funding would enable us to expand the programs and allow us to introduce new creative art projects in addition to the hand - painted gourd birdhouses, holiday ornaments, hand-crafted walking sticks, original art canvases, figurines, artistic note cards and garden art that we currently create. The Janus artists are passionate about their art and welcome the opportunity to continue to share their talents and creativity with the community by displaying and selling the artwork that they create. The individuals who participate in the Janus programs have a variety of diagnoses including down syndrome, autism, cerebral palsy, traumatic brain injury, seizure disorders, physical impairments, sensory concerns, intellectual challenges and developmental disabilities. Each individual participating in the art programs has unique abilities and DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF talents. Our artists take pride in their work and enjoy creating it. The art programs provide opportunities for these artists to earn a paycheck as they learn new artistic techniques and develop their creative talents. Not only do the art programs produce beautiful and unique art, they also provide a meaningful and productive day for many individuals. Living with a disability has a big impact on self-esteem and can limit what a person perceives as his or her abilities. There are many benefits to participating in an adaptive creative art program for individuals living with disabilities: Being able to see a completed work of art is very powerful as it enables individuals with special needs to focus on their unique abilities not on their disabilities. For a person with cognitive challenges who cannot communicate effectively through words, art is a creative outlet for expression and communication. Painting an art canvas with rich vibrant colors may say more than a verbal sentence ever could. Participating in the arts can improve impulsivity control and enhance critical thinking. Physically, art can reduce anxiety and stress and lower pain levels, depression and fatigue in individuals. Being able to share creations with others who appreciate the artwork is very definitely a confidence booster. Even people living with severe disabilities can, through their senses, experience the joys of art. Janus recognizes the importance of community collaboration and partners with many local businesses. Young At Heart Pharmacy, PrimeLife Enrichment Center, Market District, Noble Made, The White River Campground, and local churches provide a way for the artists to display their art for sale in the community. Participating in local Farmers' Markets, craft, art and holiday shows also increase community awareness of the programs. Community members also have opportunities to purchase art at various events such as the monthly Janus Community Luncheons and our annual Janus Create, Connect and Commit event. The hand -painted gourd birdhouses have quickly become a "signature" artwork item and are very popular gifts. Thank you for this opportunity to submit a request to the City of Carmel for consideration for Arts Grant funding. Prinfe'd Name of Officer: Yolanda Kincaid Title: President and CEO Date: 11/22/2021 Additional pages may be added to Exhibit "A") DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF EXHIBIT Janus Developmental Services, Inc. 5 2022 Budget 2022 Budget Ordinary Income/Expense Income 4000 • Government Funding - Federal 4015 - CARES Act Funding/Fed 668,748.00 Total 4000 - Government Funding - Federal 668,748.00 4100 • Government Funding - State 4110 - PMTF 251,553.00 4130 - Medicaid Waiver 849,886.00 4140 • DDRS State Line 4.957.00 4150 - Vocational Rehab 117,325.00 4160 - Pre-ETS 58,500.00 Total 4100 - Government Funding - State 1,282,221.00 4200 - Government Funding - Local 4210 • Hamilton County 1,443,748.00 4220 • Tipton County 16,000.00 4240 - Cities, Towns, IndyGo 438,413.00 4250 - Townships 8,750.00 Total 4200 • Government Funding - Local 1,906,911.00 4300 • Group Homes & Private Pay 4310 - Group Homes 95,395.00 4350 • Private Pay 7,190.00 Total 4300 • Group Homes & Private Pay 102,585.00 4500 • Client Work Programs 4510 - Contract Manufacturing 201.144.00 4520 • GBC Sales 22,000.00 4530 - Hidden Talents Sales 14,400.00 4540 • Doorways Project Sales 2,530.00 4550 - Cafe - GBC 300.00 4560 • Vending Machine Sales -In-house 3,868.00 4570 - Cafe - Courthouse Sales 35,947.00 Total 4500 - Client Work Programs 280,189.00 4600 - Service Revenue 4610 • Fares & Passes 99,221.00 4630 - Shepherd's Center Fares 0.00 4650 - Janus Transportation 439,003.00 Total 4600 - Service Revenue 538,224.00 4800 • Fundraising Income 4810 - Donations/Contributions 75,000.00 4850 • CCC Brkfst/Helping Lives Bloom 130,000.00 4870 - Giving Tuesday Donations 30.000.00 4890 - Private Grants 22,820.00 Total 4800 • Fundraising Income 257,820.00 4900 • Other Income 4910 • Advertising Revenue 0.00 4930 • Space Leasing & Rent 7,409.00 4950 - Vehicle & Equipment Sales 0.00 4970 • Interest & Endowment Income 3,500.00 4990 - Other Miscellaneous Income 11,697.00 Total 4900 - Other Income 22,606.00 Total Income 5,059,304.00 Gross Profit 5,059,304.00 Expense 5000 • Cost of Goods Sold - Labor 5010 - Client Payroll - WE 72,343.00 5020 • Client Payroll - Cafe 7,395.00 5030 - Client Commissions- Doorways 4,700.00 5040 • Employer FICA - WE 5,535.00 5050 - Employer FICA - Cafe 567.00 5080 - Workers Comp - Client Payroll 1,441.00 5090 - Processing Client Payroll 4.009.00 Total 5000 • Cost of Goods Sold - Labor 95,990.00 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 5600 • Cost of Goods Sold - Materials 6510 Manufacturing Expenses 2,273.00 5530 Hidden Talents Expenses 1,098.00 5540 Commission Projects Materials 800.00 6650 GBC Cate' Expenses 312.00 5560 In House Cafe Expenses 3,457.00 5570 Courthouse Cafe Expenses 33,374.00 5580 Cash Over & Short 5590 Shipping & Freight 204.00 Total 5500 • Cost of Goods Sold - Materials 41,518.00 6000 • Personnel Expenses 6010 Staff Salaries & Wages 2,769,780.00 6020 Employer Payroll Taxes 182,168.00 6030 Health, Dental & Life Insurance 413,846.00 6040 Workers Comp Insurance 37,460.00 6060 401K Company Match 29,173.00 6070 Unemployment 9,200.00 6080 Fringe Benefits 13,165.00 Total 6000 • Personnel Expenses 3,454,792.00 6100 • Purchased Services 6110 IT & Software Services 43,255.00 6130 Accounting Services 23,995.00 6150 Legal Services 17,882.00 6170 Payroll & Benefits Admin. 22,640.00 6180 EE Screenings, Checks & Testing 6,845.00 6190 Other Professional Services 14,878.00 6199 Allocated Professional Services 46,791.00 Total 6100 • Purchased Services 176,286.00 6300 • Facility Expenses 6310 Utilities 2,721.00 6330 Phones, Internet & Cable 40,304.00 6350 Facility Repairs & Maintenance 30,529.00 6360 Facility Purchases 10,550.00 6370 Custodial Supplies & Services 4,364.00 6399 Allocated Facility Expense 98,036.00 Total 6300 • Facility Expenses 186,504.00 6400 - Vehicles, Equipment & Supplies 6410 Gas & Oil 243,319.00 6415 Shepherd's Center Gas Expense 0.00 6420 Vehicle Cleaning 20,016.00 6430 Vehicle Repairs & Maintenance 33,348.00 6440 Parts & Supplies 57,017.00 Total 6400 • Vehicles, Equipment & Supplies 353,700.00 6450 • Office & Program Supplies 6460 Furniture & Equipment Purchase 1,620.00 6470 Equipment Repairs & Maintenance 86,693.00 6480 Program Supplies 7,460.00 6488 • Client Activities & Events 430.00 6490 • Office Supplies 3,188.00 6499 - Allocated Office Supplies 18,667.00 Total 6450 • Office & Program Supplies 118,058.00 6600 • Business Development 6510 • Printing & Advertising 6,422.00 6530 • Fundraising Expense 21,059.00 6550 - Dues & Memberships 12,523.00 6560 • Community MtgslNetworking 3,332.00 6570 • Conferences & Seminars 7,875.00 6590 • Publications & Subscriptions 220.00 6599 - Allocated Business Devlop. Exp. 11,420.00 Total 6500 • Business Development 62,851.00 6600 • Staff Travel, Meetings & Events 6610 • Staff Travel 7,465.00 6650 • Meals & Entertainment 1,526.00 6660 • Staff Meetings & Workshop 4,264.00 6690 • Special Events & Recognition 5,870.00 Total 6600 • Staff Travel, Meetings & Events 19,124.00 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 6700 - Administrative Expenses 6710 • Insurance 111,197.00 6730 • Taxes - UBIT 0.00 6750 • Interest & Fees 17,799.00 6770 • Postage & Shipping 2,507.00 9874 - Licenses and Permits 120.00 Total 6700 • Administrative Expenses 131,623.00 6735 • Property Tax Assessment 400.00 6800 • Grant Funded Purchases 22,820.00 6900 • Depreciation 330,987.00 Total Expense 4,995,880.00 Net Ordinary Income 63,424.00 Other IncomelExpense Other Income 7500 • Capital Project Funds Received 229,000.00 Total Other Income 229,000.00 Net Other Income 229,000.00 Net Income 292,424.00 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF ss-u2' C OFFICE OF THE SECRETARY OF STATE To Whom These Presents Come, Greeting: CERTIFICATE OF INCORPORATION pT. •• EDWIN J SIMCOX 1, Secretary of State of the State of Indiana, hereby certify that Articles of Incorporation of the above not -for -profit corporation, in the form prescribed by this Office, prepared and signed in duplicate by the Incorporatpr(s) and acknowledged and verified by the same before a Notary Public, have been presented to me at this office accompanied by the fees prescribed by law; that I have found such Articles conform to law; that I have endorsed my approval upon the duplicate copies of such Articles; that allfees have been paid as required by law; that one copy of such Articles has been filed in this office; and that the remaining copy(ies) of such Articles bearing the endorsement of my approval and filing has (have) been returned by me to the incorporator(s) or his (their) representatives; all as prescribed by the Indiana Not -For -Profit Corporation Act of 1971. NOW, THEREFORE, I hereby issue to such Corporation this Certificate of Incorporation, and further certify, that its corporate existance has begun. In Witness Whereof, I have hereunto set my hand and affixed the seal of the State of Indiana, at the City of Indianapolis, this 4th day of April In 79 of State Deputy DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF INSTRtICTION'S. Corporate Form No. 364-1(Sept. 1977) Use 8% x 11 Inch Paper for Inserts Page One Present 2 Executed Copies to Secretary of ARTICLES OF INCORPORATION State, Room 165, State House, Indianapolis, (not for Profit) Indiana 46204 Prescribed by Edwin J. Simeox, The recording of a third executed copy with Secretary of State of Indiana the County Recorder is no longer statutorily required. APPROVEDFILINGFEEis $26.00 AND FILED APR 4 1979 SECRETARY of • STATE OF INDIANA ARTICLES OF INCORPORATION OF JANUS....DEVELOPMENTAL SERVICES, INC. The undersigned incorporator or incorporators, desiring to form a corporation (hereinafter referred to as the "Corporation") pursuant to the provisions of the Indiana Not -For -Profit Corporation Act of 1971, hereinafter referred to as the "Act'), execute the following Articles of Incorporation: ARTICLE I Name The name of the Corporation is , JANUS DEVELOPMENTAL SERVICES, INC. , . . . . . The name shall include the word "Corporation" or "Incorporated", or one of the abbreviations thereof.) ARTICLE H Purposes The purposes for which the Corporation is formed are: SECTION I - To provide services and programs to habilitate, rehabilitate, or educate, and to provide training and/or employment for individuals who are mentally retarded, developmentally disabled and/or physically handicapped regardless of age, race, creed, color, sex, marital status, degree or type of retardation or disability, to enable them to function to their fullest potential. SECTION II JANUS DEVELOPMENTAL SERVICES, INC, is a non-profit, nonpolitical, non-sectarian, organization and is organized exclusively for charitable, educa- tional and scientific purposes, including for such purposes, the making of distributions that qualify as exempt organizations under Section 501 (c) (3) of the Internal Revenue Code of 1954 (or corresponding provisions of any future United States Internal Revenue Law). No part of any earnings shall inure to the benefit of any member, or individual, and no officer or director of JANUS DEVELOPMENTAL SERVICES, INC. shall receive any compensation for his/her services as an officer or director. NOTE: "Not -for -Profit" as applied to corporations means, ..... any corporation which does not engage in any activities for the profit of its members and which is organized and conducts its affairs for the purposes other than the pecuniary gain of its members". (Indiana Code, 23-7-1.1-2[d)) State Form 4162 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF ARTICLES OF INCORPORATION Not for Profit) Page Two ARTICLE III Period of Existence The period during which the Corporation shall continue is PPP.PgWaA .................. . .......... either "Perpetual", or, if limited, some definite period of time.) ARTICLE IV Resident Agent and Principal Office Section 1. Resident Agent. The name and address of the Corporation's Resident Agent for service of process is .................... Richard DeTar................................ I............... Name) , , . ,Indianapolis, , , , _ INDIANA g628o, g) (City) (state) (Zip Code) Section 2. Principal Office. The post office address of the principal office of the Corporation is . . . . Noblesville INDIANA 48060, Number and Street or Building) (City) (State) (Zip Codc) ARTICLE V Membership A minimum of three (3) persons shall have signed the membership list. (Directors or Trustees or Incorporators may be included in the Membership.) Section 1, Classes (if any); There are to be no classes of membership — Membership shall he open to all parents, relatives, guardians, and handicapped persons themselves, and to other persons sympathetic to the purposes of JANOS DEVELOPMENTAL SERVICES, INC. Section 2. Rights, Preferences, Limitations, and Restrictions of Classes: Not Applicable Section 3. Voting Rights of Classes: Each member is entitled to serve as a director and to have one vote at all general meetings and at the annual meeting. 4. NOTE: The Corporation shall confer upon every member a certificate signed by the President (or Vice -President) and Secretary (or Assistant Secretary), stating that he or she is a member of the Corporation. DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF ARTICLES OF INCORPORATION Not for Profit) Page Three ARTICLE VI Directors Section 1. Number of Directors: The initial Board of Directors is composed of..FIFTEER X15)... members. If the exact number of Directors is not stated, the minimum number shall be and the maximum number shall be ............... , .... Provided, however, that the exact number of directors shall be prescribed from time to time in the By -Laws of the Corporation; AND PROVIDED FURTHER THAT UNDER NO CIRCUMSTANCES SHALL THE MINIMUM NUMBER BE LESS THAN THREE (3). Section 2. Names and Post Office Addresses of the initial Board of Directors are: Name Number and Street or Building City State Zip Code Hayes O'Brien Noblesville Indiana 46060 Jack Simmons Kempton Indiana 46049JackRolandArcadiaIndiana46030EllenGillNoblesvilleIndiana46060DickDeTarIndianapolisIndiana46280BillKingNoblesvilleIndiana460600. T. Goad Noblesville Indiana 46060JackDavisNoblesvilleIndiana46060NilesDaggyCaramel__"" Indiana 46032MargeNorrisCarmelIndiana4603.2WayneHiltonNoblesvilleIndiana46060GlennaEllisSheridanIndiana46069DonFieldsCarmelIndiana46032JimDelphTiptonIndiana46072ArthurSmelserTiptonIndiana46072 ARTICLE VII Incorporator(s) Section 1. Names and Post Office Address(es) of the incorporator(s) of the Corporation is (are) as follows: Name Number and Street or Building City State Zip Code Hayes O'Brien Noblesville Indiana 46060JackSimmonsKemptonIndiana46049JackRolandArcadiaIndiana46030EllenGillNoblesvilleIndiana46060 C DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF ARTICLES OF INCORPORATION Not for Profit) Page Four ARTICLE VIIl Statement of Property (If any) A statement of the property, and an estimate of the value thereof, to be taken over bythe Corporation at or upon its incorporation are as follows: All properties and equipment which are presently owned by the Hamilton County Association for Special Citizens, Inc. and the Tipton County Association for Retarded Citizens, Inc, will transfer to the ownership of JANUS DEVELOPMENTAL SERVICES, INC. per agreement (see attachment A). A list of these properties and estimated values is attached (Attachment B). ARTICLE IX Provisions for Regulation and Conduct Of the Affairs of Corporation Can be the "By Laws") Other provisions, consistent with the laws ofthis state, for the regulation and conduct of the affairs of the Corporation, and creating, defining, limiting or regulating the powers of the Corporation, .the directors or the members of any class or classes of members are as follows: See attached By -Laws DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF ARTICLES OF INCORPORATION Not for Profit) Page Five The undersigned, being one or more persons, do hereby adopt these Articles of Incorporation, representing beforehand to the Secretary of State of the State of Indiana and all persons whom it may concern that a membership list or lists of the above named corporation for which a Certificate of Incorporation is hereby applied for, have heretofore been opened in accordance with the law and that at least three (3) persons have signed such membership list. IN WITNESS WHEREOF, I (we) the undersigned do hereby execute these Articles of Incorporation and certify the truth of the facts herein stated, this . .3. . . day of . &Pvi} . . . . . . . . . . . .. 19.79 Wrlften;Signatur) Rapes T. O'Brien Printed Signature) l ,t u —k" Written Signature) 1 n Gill ff ( Writtrn Signature) hack Roland i. . Printed Signature) NOTARY ACKNOWLEDGEMENT required) State of Indiana ) SS: County of H4M11 TON. . . . ) Before me, 1:ANFi1,4 V.. kEWKS , , , , , , , , , , , , , a Notary Public in and for said county and State, personally appeared the above incorporator(s) and (severally) acknowledged the execution of the foregoing Articles of Incorporation. Notary Seal 1 Required ( Written Signa4 4WAI PUEU .1<. llI wlS . , Notary PublicPrintedgignaturt) My commission expires: .0gtpbex 00„ .1982 Commission #16946 WITNESS my hand and Notarial Seal this . ... day of a p,)i. Q , 19.19 This instrument was prepared by . David Ray. Kiely,. Executive Director Name) Noblesville Indiana 46060 Number and Street or Building) (City) (State) (Zip Code) DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF T C Department of the TreasuryIRSInternalRevenueserviceQ P.O. Box 2508 Cincinnati OH 4520 JANUS DEVELOPMENTAL SERVICES INC 1555 WESTFIELD RD NOBLESVILLE IN 46062-6826 4{ 037829 In reply refer to: 0248344558 July 12, 2012 LTR 4168C EO 31-0963175 000000 00 00025858 BODC: TE Employer Identification Number: 31-0963175 Person to Contact: Mr. Burns Toll Free Telephone Number: 1-877-829-5500 Dear Taxpayer: This is in response to your July 03, 2012, request for informationregardingyourtax-exempt status. Our records indicate that you were recognized as exempt under section 501(c)(3) of the Internal Revenue Code in a determinationletterissuedinJune1981. Our records also indicate that you are not a private foundation withinthemeaningofsection509(a) of the Code because you are described insection(s) 509(a)(1) and 170(b)(1)(A)(vi). Donors may deduct contributions to you as provided in section 170 oftheCode. Bequests, legacies, devises, transfers, or gifts to you orforyourusearedeductibleforFederalestateandgifttaxpurposes if they meet the applicable provisions of sections 2055, 2106, and2522oftheCode. Please refer to our website www.irs.gov/eo for information regardingfilingrequirements. Specifically, section 6033(j) of the Code provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of the filing due date of the third return for organizations required tofile. We will publish a list of organizations whose tax-exempt status was revoked under section 6033(j) of the Code on our websitebeginninginearly2011. DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) AFFIDAVIT I, Yoland Kincaid , an authorized representative of Janus Development Services, Inc. ("Grantee"), being first duly swom 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 year totaled "2O WO. -,V A,Liz 5\ 10` U , oo ,), s ature Printed Name: Yolanda Kincaid Subscribed and swom to before me, the undersigned Notary Public, this day of Oval± B(;'9 2021. _ SEAL] GREGORY L. DITLINGER Notary Public State of Indiana Commission No. NP0723644 My Commission Expires November 21, 2027 Public Name Resident of 9Any LTO/0 County, Indiana My Commission Expires: 1 t zt 120 Z % DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF JANUS DEVELOPMENTAL SERVICES, INC. STATEMENT OF FINANCIAL POSITION AS OF DECEMBER 31, 2020 ASSETS CURRENT ASSETS Cash and cash equivalents 1,799,846 Accounts receivable: Grants 379,899 Trade and other 67,130 Inventory 4,003 Prepaid insurance and other expenses 35,344 TOTAL CURRENT ASSETS 2,286,222 NONCURRENT ASSETS Land 769,675 Buildings 2,140,616 Equipment 395,405 Vehicles 1,764,184 Less: accumulated depreciation 2,370,782) TOTAL NONCURRENT ASSETS 2,699,098 TOTAL ASSETS 4,985,320 LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accounts payable $ 32,412 Accrued expenses 66,502 Deferred revenue 12,442 Current portion of long-term debt 217,201 Other current liabilities 52,379 TOTAL CURRENT LIABILITIES 380,936 NONCURRENT LIABILITIES Long-term debt, less current portion 13,435 TOTAL LIABILITIES 394,371 NET ASSETS Without donor restrictions 4,590,949 TOTAL NET ASSETS 4,590,949 TOTAL LIABILITIES AND NET ASSETS $ 4,985,320 See accompanying notes to financial statements. - 3 - DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF JANUS DEVELOPMENTAL SERVICES, INC. STATEMENT OF ACTIVITIES FOR THE YEAR ENDED DECEMBER 31, 2020 SUPPORT AND REVENUE Grants $ 3,056,905 Contributions 89,547 Special events (net of cost of direct benefits to donors of $5,325) 72,985 Revenue from contracts with customers Fees for services 722,816 Transportation systems fares and passes 499,828 HCE bus advertising 43,461 Sales of goods and services (net of cost of goods and services of $104,679) 128,992 Gain on disposal of fixed assets 8,329 Rental income 7,409 Interest 5,712 Miscellaneous 15,062 TOTAL SUPPORT AND REVENUE 4,651,046 EXPENSES Program services Doorways Training 319,323 Community Employment 127,989 Golf and Batting 94,086 Work Experience 719,970 Hamilton Co. Express 1,512,047 Janus Transportation 212,036 2,985,451 Management and general 484,092 Fundraising 174,118 TOTAL EXPENSES 3,643,661 CHANGE IN NET ASSETS 1,007,385 Net Assets, Beginning 3,583,564 Net Assets, Ending 4,590,949 See accompanying notes to financial statements. - 4 - DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF b b N M V V O vl R N N n W n CO N W N P } V M Vl Vt y' n T V 0\ O M M M O O M V O x n N P vl M N N V C O O n N O n MnVVl - CO M V b M N Vl J'J n b V M oo n O M OC Vl M W - O VI b C DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF JANUS DEVELOPMENTAL SERVICES, INC. STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2020 Cash Flows from Operating Activities: Change in net assets $ 1,007,385 Adjustments to reconcile change in net assets to net cash provided by operating activities: Depreciation 264,834 Gain)/loss on disposal of fixed assets (8,329) Changes in assets and liabilities: Increase) decrease in receivables (142,112) Increase) decrease in inventories 1,822 Increase) decrease in prepaids and other assets 72,891 Increase(decrease)in accounts payable (14,681) Increase (decrease) in accrued expenses (76,739) Increase (decrease)in deferred revenue (34,153) Increase (decrease) in other current liabilities 43,639 Net cash provided/(used) by operating activities 1,114,557 Cash Flows from Investing Activities: Proceeds from sale/disposal of fixed assets 9,500 Purchase of fixed assets (377,920) Net cash provided/(used) by investing activities (368,420) Cash Flows from Financing Activities: Proceeds from borrowing on note payable 17,599 Principal payments on long-term debt (50,489) Net cash provided/(used) by financing activities (32,890) Net increase/(decrease) in cash and cash equivalents 713,247 Cash and cash equivalents: Beginning 1,086,599 Ending $ 1,799,846 Supplemental Disclosures: Cash paid for interest $ 15,415 Cash paid for unrelated business income tax $ 9,877 See accompanying notes to financial statements. - 6 - DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF EXTENDED TO NOVEMBER 15, 2021 Return of Organization Exempt From Income Tax DMB No. 1545-0047 Form 990 Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except private foundations) 2020 Department of the Treasury Ill Do not enter social security numbers on this form as it may be made public. OP 4n to Public Internal Revenue Service Go to www.irs. ov/Form990 for instructions and the latest information. Insprsctibn A For the 2020 calendar year, or tax year beginning and ending B Check it C Name of organization D Employer identification number applicable: Ocnange JANUS DEVELOPMENTAL SERVICES ONomachange Doing business as ren m Number and street (or P.O. box if mail is not delivered to street address) FinalretuM 1555 WESTFIELD RD. etd City or town, state or province, country, and ZIP or foreign postal code Or'atuernnded NOBLESVILLE IN 46062 Appliw- Doon F Name and address of principal officer: YOLANDA KINCAID pending SAME AS C ABOVE ITI:l:Ml'UWE Trust I I Association Room/suite I E Telephone number H(a) Is this a group return for subordinates?... Yes ONo H(b) Ara all subwdi°ates Included? (] Yes 0 No If "No," attach a list. See instructions 1 Briefly describe the organization's mission or most significant activities; THE ORGANIZATION PROVIDES u INDIVIDUALS WITH DISABILITIES THE OPPORTUNITY TO BECOME 2 Check this box E:J if the organization discontinued its operations or disposed of more than 25%of its net assets. e3 Number of voting members of the goveming body (Part Vl, line 1a)..................................... ..... .................. 3 12 4 12G4Numberofindependentvotingmembersofthegoverningbody (Part VI line 1 b) v 5 Total number of individuals employed in calendar year 2020 (Part V, line 2a) 5 186 6 Total number of volunteers (estimate if necessary) ..... ......... 6 16 7a 43,461. 7 a Total unrelated business revenue from Part VIII, column (C), line 12 It Net unrelated business taxable income from Form 990-T Part 1, line 11 7b 42,461. Prior Year Current Year 2,425,352. 3,146,4527u8Contributionsandgrants (Part VIII, line 1h) 1,608,559. 1,351,636. cc 9 Program service revenue Part Vill,line 2g) y 10 Investment income (Part VIII, column (A), lines 3, 4, and 7d) ....................................... 16,293. 14,041. 11 Other revenue (Part VIII, column (A), lines 5, Bid, Be, 9c, 10c, and 11 e) ........................ 196,942. 138,917. 4,247,146. 4, 651,046. 12 Total revenue - add lines 8through 11(must equal Part VIII, column ,line 12 13 Grants and similar amounts paid (Part IX, column (A), lines 1-3) ................................. 0 . 0 . 14 Benefits paid to or for members (Part IX, column (A), line 4) ....................................... 0 . 0 . d 15 Salaries, other compensation, employee benefits (Part IX, column (A), lines 5.10) 3,054,758. 2 , 7 04 2 47 . 16a Professional fundraising fees (Part IX, column (A), line lie) ............... . 0. 0. u b Total fundraising expenses (Part IX, column (D), line 25) 174 , 118 . 1, 077,014. 939,414. 17Otherexpenses (Part IX, column (A), lines 11a-11 d, 11f-24e)....................................... 4 131 77 2 . 3,643,661. 18Totalexpenses. Add lines 13.17 (must equal Part IX, column (A), line 25) .................... 115, 374. 1,007,385. 19Revenuelessexpenses. Subtract line 18 from line 12................................................ o Beginning of Current Year End of Year 4, 092 758. 41985 320. H20Totalassets (Part X, line 16) .................................................................................... 509, 194. 394,371. a21Totalliabilities (Part x,line 26)................................................................................ 22 Net assets or fund balances. Subtract line 21 from line 20.......................................... 3,583,564. 4,590,949. mart 11 1 signature Block Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has anv knowledge. Sign Here Signature of officer YOLANDA KINCAID, PRESIDENT —CEO Date Type or print name and title Paid Print/ Type preparer's name UKE SPARKS Preparer' s signature UKE SPARKS Date 0 6 / 0 7 / 2 1 check Q sielf- emNOW PTIN 01380973 Preparer Firm'sname KEMPER CPA GROUP LLP Flrn37-0818432 IsEIN UseOnly Firm'saddresso. 1701 BROADMOOR DRIVE, STE. 200 CHAMPAIGN, IL 61821 1 Phoneno.217-351-2073 May the IRS discuss this return with the preparer shown above? See instructions ............___............_ I n Yes n No 032001 12- 2a20 LHA For Paperwork Reduction Act Notice, see the separate instructions. Form 990 (2020) SEE SCHEDULE 0 FOR ORGANIZATION MISSION STATEMENT CONTINUATION DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF Board of Directors Mary Jane Coffng Chair Regina DelaRosa Vice Chair Kevin Smith Treasurer Janet Corbin Secretary Adam Aasen Leigh Ann Clayton Michael Fogarty Alex Pinegar Chrissy Pogue Matthew Snyder Ex-Ofricio Yolanda Kincaid President -CEO JANUS Life Skills for People with Disabilities Janus Board of Directors List Mary Jane Coffing — Chair Regina DelaRosa — Vice Chair Kevin Smith — Treasurer Janet Corbin — Secretary Adam Aasen Leigh Ann Clayton Michael Fogarty Alex Pinegar Chrissy Pouge Matthew Snyder — Ex-Offfcio Yolanda Kincaid — President -CEO 1555 Westfield Road Noblesville, IN 46062 Ph: 317-773-8781 Fx: 317-773-8798 w .Janus-ine.org DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF EXHIBIT YEAR END REPORT FOR CARMEL ARTS GRANT - 2020 The generous funding provided by the City of Carmel Arts Grant in the amount of $10,000 has enabled Janus artists to continue to explore their unique talents and create artwork to share with others in our community despite a tough year filled with uncertainty. The grant funds were used to purchase Zoom meeting art kits, which were needed due to the sudden onset of COVID and a need to shut down our facility for several months. These Zoom art kits included paint, canvasses and other art supplies which were distributed to our clients for participation at their own homes. The clients absolutely loved these kits and being able to continue to interact with our staff during this pandemic. Now that we are back to in - person attendance, we continue to use funds for art supplies. Due to the significant service interruption between March and July this year, many of our funds are still needing to be spent. We intend to use the remaining funds for needed equipment in our art space. This includes art tables, storage cubbies, partitions, and additional supplies as we transform the traditional workshop program area into more of a dedicated art space. These funds will be spent by December 21st, 2020. The grant expenditures are listed on the page attached to this report. Traditionally, Janus hosts several fundraisers to support that we provide. However, COVID restricted our fundraising options. Our staff decided on hosting an open house style Art Store featuring all of the creative items our clients have created. In one weekend the Art Store raised over $4,000! Clients received a commission on the art that they created individually, which is giving the artists great pride and excitement over their creations. We intend to restock the Art Store and host another open house by the end of this year. The important impact provided by the Carmel Arts grant can be seen in the way the funding has enhanced the lives of the Janus artists and in turn, our community. The funding provided by the City of Carmel Arts grant to the Janus art programs has allowed our talented artists to continue to realize their hopes and dreams. The ability to be involved in the planning and design aspects of the various art projects and to have the art supplies needed to create the art continues to provide life -enhancing opportunities for our artists. Being able to share their art with the community as well as sell their art and take home a paycheck is a great source of pride for every artist. Our clients take great pride in the art that they create. Theresa continues to thrive with creating art, for both enjoyment and selling it. The above mentioned store allowed Theresa to dramatically increase her total amount of sales. The opportunity to be able to express herself and share her love of life through her artwork is important to our clients like Theresa. Art has truly made a life changing impact in her life and in the lives of everyone who has experienced her artwork. Community members who visit the Janus facility are very interested in learning more about our various programs and services. The art programs demonstrate that people with disabilities are very capable of achieving their goals and living happy and fulfilled lives. It DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF is obvious that our visitors from the community recognize the artistic talents displayed by the Janus artists and enjoy having the opportunity to see and purchase the art that they created. The City of Carmel Arts grant funding has very positively impacted the Janus art programs and the Janus artists in many ways. We value the City of Carmel's support and are excited about the many ways that our art programs continue to evolve and produce such positive effects that enhance the lives of the people we serve. ITEMIZED LIST OF EXPENDITURES Paint/canvasses/supplies 4,000.00 Art tables 1,640.00 Stora e cubbies 4,232.00 Storage for drill & wood burner 76.00 Easels and Laminating Sheets 52.00 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF