Loading...
HomeMy WebLinkAboutResolution_BPW_01-19-22-26_Arts Grant_1780.00_M3 Theatre CampRESOLUTION NO. BPW 01-19-22-26 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 ArtsGrantM3Theatre Camp.docx1/7/20221:07PM DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 1/19/2022 January19th 1/19/2022 1/19/2022 1/19/2022 OF CA 1 1 NDIAWx ARTS GRANT PROGRAM AGREEMENT This Grant Agreement (herein referred to as " greement") ntered into by and between the City of Carmel (the "City") and e. Camp (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, Oi Lt.LY R ` lah e , an authorized representative of Grantee, have applied for a CP 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 $ 1,780.00 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 theGranteeshallbemadeinaccordancewiththefollowingconditions: 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 requestedEXHIBITB); 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); 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 m 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. 3 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. Severabitity. 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 WITNPSS WHEROF, the parties hereto have made and executed this Agreement as follows: Grantee") BY: (Signature) Printed N ne of cer: Q Title: Pr2Si Date: tl_ CITY OF CARNIEL ("Grantor") 0 James Brainard, Mayor 12129/2021 ATTEST: Klkt, Date: 12/29/2021 If you have any question concerning the City of Carnet's 2022 Ms Grant Pmgnm, gent waling, guidelines or applim ion materials, contact: Sbamn Kibbe, City of Cannel, One Civic Square, C=ei, IN 46032, Phone: 317-571-2483, skibbeWcam el.in eov. 4 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF Exhibit "A" An Application and Description of the Proposed Use of the Grant Funds APPLICANT: APPLICATION AMOUNT: $ o, 000 , Ci O DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: S-PC' 7r1 CtZC f 1C Additional pages may be added to Exhibit "A") DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF Attachment to Exhibit "A" M3 Theatre Camp is a young and growing Musical Theatre Company for children between the ages of eight and fourteen. Our camp is unique because it gives all students, regardless of their level of talent or skill the opportunity to experience Musical Theatre as performers. This summer, students will have the opportunity to participate in a three-week camp that will meet from 9am-4pm each day. During camp students will learn about and participate in the following activities: acting, singing, stage movement, theater terminology, dancing, the audition process, set design, and team -work! In 2020 and 2021, M3 Theatre Camp had planned to produce and perform Moana. Jr. Because of COVID-19, M3 Theatre Camp made the difficult decision to postpone camp to June 2021. Because COVID-19 was still a major concern in 2021, we change the dates of our camp from June to July. Unfortunately, this impacted our attendance much more than we anticipated. Once again, we had to cancel camp. We made both decisions in the interest of safety for our students, parents, and instructors. M3 Theatre Camp has not giving up and is planning to hold the MOANA, Jr. Camp at The Cat Theatre June 6-24,2022! Because we canceled camp for a second year in a row and had to issue refunds, we were unable to invest in some of the equipment we had hoped to purchase. After holding two events at The Carmel Gazebo, we realize the importance of a good sound system with lavalier microphones. It is our hope that we will be able to purchase these before our production this summer. Therefore, we are asking for 2,000.00 for a new sound system. M3 Theatre Camp is grateful for past support from The City of Carmel, Meridian Music Company, Meridian Music School, parents, and other members of the Community. We are looking forward to continued growth and learning, and we are proud to be a part of the rich Arts Community that already exists in Carmel. DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF EXHIBIT M3 Theatre Camp 2022 BUDGET Total Expenses $28,425.00 VENUE CAMP INSTRUCTORS Room and hall fees $2,100.00 Directors $15,000.00 Lighting & Sound $2,500.00 PRODUCTION Costumes 500.00 Makeup 200.00 PRINTING Props 500.00 Program 400.00 Sets/Backdrop 1,000.00 Tickets 50.00 Forms 5.00 CAMP FUNDRAISING Snacks 300.00 Food 1,500.00 Office Supplies 100.00 Decorations 300.00 Venue 1,200.00 ADVERTISING Concessions/Flower Sales 150.00 Flyers/print advertising 500.00 Website 350.00 INSURANCE 1,310.00 Digital Advertising 500.00 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF APPROVED AND FILED C CONNIE LAWSON INDIANA SECRETARY OF STATE 05/23/2017 02:55 PM Formed pmsuard to the provisions of the Indiana Nonprofit Corporation Act of 1991 BUSINESS ID BUSINESS TYPE PRINCIPAL OFFICE ADDRESS NAME ADDRESS PERIOD OF DURATION EFFECTIVE DATE 20170523119,7196 Domestic Nonprofit Corporation M3 THEATRE CAMP, INC. 845 W. Carmel Dr., Carmel, IN, 46032, USA Hillary Blake 845 W. Carmel Dr., Carmel, IN, 4603Z USA Perpetual 05/23/2017 TITLE President NAME Hillary B Blake ADDRESS 845 W. Camel Dr., Carmel, IN, 46032, USA NAME Craig Gigax ADDRESS 15 Mill Ron Ct-, Fishers, IN, 46038, USA Page 1 of 2 - DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF APPROVED AND FILED CONNIE LAWSON INDIANA SECRETARY OF STATE 05/23/2017 02:55 PM STATEMENT OF PURPOSE M3 Theatre Camp is famed to provide children the opportunityto act in musical theatre camps during the summermoahs. TYPE OF CORPORATION Public benefit corporation, which is organized for a public or charitable purpose WILL THE CORPORATION HAVE MEMBERS? Yes DISTRIBUTION OF ASSETS The assets of M3 Theatre Camp will consist of props and costumes either made by or donated to the children. Upon dissolution these would be donatedtoanothertheatrecompany, THE SIGNATOR(S) REPRESENTS THAT THE REGISTERED AGENT NAMED IN THE APPLICATION HAS CONSENTED TO THE APPOINTMENTOFREGISTEREDAGENT. THE UNDERSIGNED, DESIRING TO FORM A CORPORATION PURSUANT TO THE PROVISIONS OF THE IND ANA NONPROFITCORPORATIONACT, EXECUTE THESE ARTICLES OF INCORPORATION. IN WITNESS WHEREOF, THE UNDERSIGNED HEREBY VERIFIES, SUBJECT TO THE PENALTIES OF PERJURY, THAT THE STATEMENTSCONTAINEDHEREINARETRUE, THIS DAY May 23, 2017 SIGNATURE Craig Gigax TITLE Incorporator Business ID: 20170523E 197196 Filing No : 7609925 Page 2 of 2 - DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF State of Indiana Office of the Secretary of State Certificate of Incorporation of M3 THEATRE CAMP, INC. I, CONNIE LAWSON, Secretary of State, hereby certify that Articles of Incorporation of the above Domestic Nonprofit 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 Tuesday, May 23, 2017. In Witness Whereof, I have caused to be affixed my signature and the seal of the State of Indiana, at the City of Indianapolis, May 23, 2017 CONNIE LAWSON SECRETARY OF STATE OF I 20170523119719617609925 To ensure the certificate's validity, go to https.//bsdsos,in..gov/PublicBusinessSearch DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF CINCINNATI, OH 45201 mnmlm EXHIBIT Date: DEC 19 2016 M3 THEATRE CAMP 845 W CARMEL DR CARMEL, IN 46032-0000 Dear Applicant: Employer Identification Numbed 81-4662315 DLN: 26053749001346 Contact Person: CUSTOMER SERVICE ID# 31954 Contact Telephone Number: 877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 509(a)(2) Form 990/990-EZ/990-N Required: Yes Effective Date Of Exemption: December 12, 2016 Contribution Deductibility: Yes Addendum Applies: NO We're pleased to tell you we determined you're exempt from federal income taxunderInternalRevenueCode (IRC) Section 501(e)(3). Donors can deduct contributions they make to you under IRC Section 170. You're also qualifiedtoreceivetaxdeductiblebequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on yourexemptstatus. Please keep it for your records. Organizations exempt under _IRC Section 501(c)(3) are further classified as either public charities or private foundations. We determined you're a publiccharityundertheIRCSectionlistedatthetopofthisletter. If we indicated at the top of this letter that you're required to file Form 990/990-EZ/990-N, our records show you're required to file an annual information return (Form 990 Or Form 990-EZ) Or electronic notice (Form 990-N, the e-Postcard). If you don't file a required return or notice for three consecutive years, your exempt status will be automatically revoked. If we indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities. Enter 114221-PC" in the search bar to view Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. Letter 947 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF M3 THEATRE CAMP Sincerely,- 00,00 Jeffrey 2, Cooper Director, Exempt Organizations Rulings and Agreements Letter 947 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF STATE OF INDIANA SS: COUNTY OF HAMILTON of an authorized representative 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 year totaled $ 4 Printed Name Subscribed and sworn to before me, the undersigned Notary Public, this C% day of U2 lb( r , 2021. STATE OF INDIANA Notary Public Seal Christine S. Wagner Hancock My Commission Expires February 21, 2023 SEAL] Signature - Notary Public Printed Name(%1 o S / /,,y • Resident of RelfiCoeKCounty, Indiana My Commission Expires: l(u/ '? DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF EXHIBIT 3:37 PM M3 THEATRE CAMP, INC. 11/19/21 Balance Sheet Accrual Basis As of October 31, 2021 Oct 31, 21 ASSETS Current Assets Checking/Savings First Financial x5328 2,811.30 Petty Cash 20000 Total Checking/Savings 3,011.30 Total Current Assets 3,011,30 TOTAL ASSETS 3,011.30 LIABILITIES & EQUITY Equity Unrestricted Net Assets 3,024,47 Net Income -13.17 Total Equity 3.011 30 TOTAL LIABILITIES R EQUITY 3,011.30 Page 1 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF 3:37 PM M3 THEATRE CAMP, INC. 11/19/21 Profit & Loss Accrual Basis January through October 2021 Ordinary Income/Expense Income Direct Public Support Donations Total Direct Public Support Fundraiser Tickets Program Income Camp Tuition Workshop Tuition Total Program Income Silent Auction Total Income Expense Business Expenses Advertising Business Registration Fees Total Business Expenses Contract Services Accounting Fees Total Contract Services Facilities and Equipment Property Insurance Rent, Parking, Utilities Total Facilities and Equipment Operations Printing and Copying Supplies Total Operations Other Types of Expenses Merchant Card Fees Other Costs Total Other Types of Expenses Total Expense Net Ordinary Income Other Income/Expense Other Income City of Carmel Grant Total Other Income Net Other Income Net Income Jan - Oct 21 200.00 200.00 390.00 315.00 200.00 115.00 393.00 868.00 10.00 22.00 32.00 300.00 300,00 524.00 913.00 1,437.00 83.55 668.29 751.84 288.33 72.00 360,33 2.881 17 2,013.17 2.000.00 2,000.00 2,000.00 13.17 Page 1 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF Form 990-N (e-Postcard) Summary THIS IS NOT A FILEABLE FORM - FOR REVIEW PURPOSES ONLY") Tax period beginning 01/01/2020 andending 12/31/2020 Organization's legal name Employer ID number M3 THEATER CAMP 81-4662315 Other names used by organization (OBA) Number and street (or P.O. box, if applicable) Room/Suite Telephone number 845 W CARMEL DR 3174184995 City or town, state or country and ZIP + 4 CARMEL, IN 46032-5804 Web address, if applicable Check if organization is not a 5M(a)(3) supporting organization and its gross receipts meets limits for the tax year __.... ........... DX Check if organization is laminating (going out of business) ... _____.... _____................... ..................................................................... Information regarding principal officer: Name HILLARY BLAKE Street address 845 W CARMEL DR. City, state or country and ZIP + 4 CARMEL, IN 46032 023231001-20 DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF Exhibit F M3 Theatre Camp Board Hillary Blake, President of M3 Theatre Camp Joyce Buchholz, Set Director Paulo Castro, Music Director Craig Gigax, Board Member Pam Kovac, Board Member Kelli McLaughlin, Board Member Jenny Pfeiffer, Board Member Jane West, Artistic Director DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF Exhibit G End of Year Report M3 Theatre Camp was happy to receive a $2,000.00 grant from the city of Carmel in 2021. We started the year hopeful, eager to produce Moana. Jr. in June 2021. Unfortunately, many of our staff and students were concerned with the potential impact that COVID-19 could have had on our campers. Very early in the year, we decided to change our camp date from June to July and reserved The Cat Theatre for our performance. Because of continued fears associated with COVID-19 and the fact that we changed our camp dates, we did not have enough enrollment to have our camp in 2021. Though we were unable to hold camp for a second time in a row, The Carmel Arts Grant helped our organization survive. Though we canceled our camp, we still paid The Cat Theatre a $620.00 for the theatre, and we were able to refund the five campers who did sign up. It was very difficult to cancel camp for a second time in a row, but we are determined to come back strong this summer. We also decided that we would put forth more effort to producing a Fall Fundraiser show. On October 9th, former M3 campers, and new students, participated in short performance entitled "The Third Time's The Charm" written by Artistic Director, Jane West. Students got together, rehearsed, and had the opportunity to tell M3 Theatre Camp's pandemic story. We held this small performance at The Carmel Gazebo and had carnival games, a bounce house, and refreshments. Without the Carmel Arts Grant, we would not have had the funds to host this "come -back" event. Like many arts organizations, M3 Theatre Camp had to make some very difficult decisions in 2020 and 2021. Thanks to the generosity of the City of Carmel and the tenacity of our students, parents, directors, and board members, M3 Theatre Camp has survived. We plan to come back strong in 2022! DocuSign Envelope ID: 15E0B74B-0FAA-491E-A7BC-00BB8A086FBF