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HomeMy WebLinkAboutResolution BPW 01-18-23-18; ($1,424.00); M3 Theatre Camp; Arts GrantRESOLUTION NO. BPW 01-18-23-18 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 , 2023. 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\\2023\\Acknowledge ArtsGrantM3Theatre Camp.docx1/9/202312:08PM 18th January DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 Not Present 1/19/2023 1/19/2023 1/19/2023 1 ANP ARTS GRANT PROGRAM AGREEMENT This Grant Agreement (herein referred to q "Agreement") entered into by and between the City of Carmel (the "City") and J ( the Grantee"), is executed pursuant to the terms and conditions set fohh 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, an authorized representative of Grantee, have applied for a Ciq 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, 4 2 4.0 0 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: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 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 a 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); and A budget for the calendar or fiscal year for which the grant is requested EXHIBIT B); and 3. Certified copies of incorporation as a not -for -profit corporation under state law EXHIBIT C); and 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); and 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); and A list of the Grantee's board of directors and officers listed (EXHIBIT F); andb J7. 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: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 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: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 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: By: (Signature) Printed N e of cer: I r Title: e Date: j 11 CITY OF CARMEL ("Grantor") By: James Brainard, Mayor Date: 1/3/2023 ATTEST: f 1 Date: 1/3/2023 If you have any question concerning the City of Carmel's 2023 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, 4kib1reli L ;rmeIJii.i-oY. 4 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 Exhibit "A" An Application and Description of the Proposed Use of the Grant Funds APPLICANT: 0 3 , 11 Name of organization. Address: r; S L C' Of I Teienhone: 317 — S_b(c2 Fax: Contact T7-.._l. APPLICATION AMOUNT: $ 3, D © 0 • © o DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: Additional pages may be added to Exhibit "A") 5 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 Attachment to Exhibit "A" M3 Theatre Camp is a small 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! This summer, M3 Theatre Camp will be producing `Beauty & The Beast, Jr." The three-week camp and performances will be held at The Cat Theatre in Carmel. In addition, we will be adding a one -week camp for students between the ages of 5 and 8. The concept of this camp is the same, but it is designed to be accessible for younger campers. In addition to the two summer shows we plan to have our Spring Workshop that will give students a taste of what summer camp is all about. We will also have our annual fall fundraiser skit to announce our plans for summer 2024. 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. If we receive the Carmel Arts Grant this year, it will help us pay for the following expenses: Exclusive Rental of The Cat Theatre: $4.500.00 Chorographer: $500.00 Lighting & Sound Design: $500.00 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 M, H W H Z ui CL X ui W D m M N 0 N CL E ra V 0 L. i M ago - CD o O o 0 o O o 0 0 0 0 V=k 619. O 00 0 0 N LO 0 ti O 64 N N T ca r 0 0 C 00 0 0000 0 lO N fV M rn b4 bq bq b9 _ t,R VI N O i GJ t6t i O 7 u d O y as+ CUiGOH oa 0 0000 0 CD 0 Ln LnO L'. ev C O 0 0 CDO Lnva w 0 LnI yr oOO c u1N ffin yr of CLO E a a N m w-Idrd O Ua` vi Ic 00 0 LnwH dax uIA 4AC i C A mom 00 0 0 0 0 0 0 0 0 0 0 0 0 0 ooLn m m vt p w b- w N a v u C = U CL s o aOlro 0 a m F- 00 0 O O O O O O O o 000 0 Cl O LM I m N N w w 4A w DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 C", State of Indiana Office of the Secretary of State Certificate of Incorporation of P\i3 THEATRE CAFI,IP, 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 201705231197196 / 7609925 To ensure the certificate's validity, go to https://bsd.sos.in.gov/Publ!cBusinessSearch DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 APPROVED AND FILED CONNIE LAWSON MIANA SECRETARY OF STATE 05/23/2017 02:55 PM A`R TLLES0F INCQWURATION R Formed pursuant to the provisions of the Indiana Nonprofit Corporation Act of 1991 4 NAME AND KtTl.VCRAIL OFffC'E ADDRESS BUSINESS ID 201705231197196 BUSINESS TYPE Domestic Norwprofit Corporation BUSINESS NAME M3 THEATRE CAMP, INC. PRINCIPAL OFFICE ADDRESS 845 W. Carmel Dr., Carmel, IN, 46032, USA y ::.^..0-Q ti.l W-iR s Jf7 _ ". N.r-,.: v f' i .:; . e•. .- - -ice' 1N. •'t NAME ADDRESS Hillary Blake 845 W. Carmel Dr., Carmel, IN, 46032, USA ARTICLE III PE12IOD ClF iiIIRATICl?V A ,, rc r r N%• ••`- 1GnVE.D li' PERIOD OF DURATION EFFECTIVE DATE Perpetual 05/23/2017 TICI:E IV• FRTNGIPAIi(S} - ._'_ ._._ _ _ TITLE President NAME ADDRESS Hillary B Blake 845 W. Carmel Dr., Carmel, IN, 46032, USA ARTICLE V -•INS NAME Craig Gigax ADDRESS 15 Mill Run Ct., Fishers, IN, 46038, USA Page 1 of 2 - DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 APPROVED AND FILED CONNIE LAWSON INDIANA SECRETARY OF STATEi 05/23/2017 02:55 PM ARTIGL .YT - 471;NF'HAL HI?OR. ATIbN:' STATEMENT OF PURPOSE M3 Theatre Camp is formed to provide children the opportunity to act in musical theatre camps during the summer months. 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 donated to another theatre company. SIGNATURE _- THE SIGNATOR(S) REPRESENTS THAT THE REGISTERED AGENT NAMED IN THE APPLICATION HAS CONSENTED TO THE APPOINTMENT OF REGISTERED AGENT. THE UNDERSIGNED, DESIRING TO FORM A CORPORATION PURSUANT TO THE PROVISIONS OF THE INDIANA NONPROFIT CORPORATION ACT, EXECUTE THESE ARTICLES OF INCORPORATION. IN WITNESS WHEREOF, THE UNDERSIGNED HEREBY VERIFIES, SUBJECT TO THE PENALTIES OF PERJURY, THAT THE STATEMENTS CONTAINED IIDREIN ARE TRUE, THIS DAY May 23, 2017 SIGNATURE Craig Gigax TITLE Incorporator Business ID : 201705231197196 Filing No : 7609925 Page 2of2- DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OH 45201 Date: ® A C 19 2016 M3 THEATRE CAMP 845 W CARMEL DR CARMEL, IN 46032-0000 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 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 tax under Internal Revenue Code (IRC) Section 501(c)(3). Donors can deduct contributions they make to you under IRC Section 170. You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. 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 public charity under the IRC Section listed at the top of this letter. 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: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 2- M3 THEATRE CAMP Sincerely, o Jeffrey I. Cooper Director, Exempt Organizations Rulings and Agreements Letter 947 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 10SOMERSET CPAs. AND ADVISORS February 16, 2022 M3 Theater Camp 845 W Carmel Dr Carmel, IN 46032-5804 Attention: Ms. Hillary B. Blake Dear Ms. Blake: Enclosed is the organization's 2021 Exempt Organization return. Form 990-N (e-Postcard) has been filed electronically. There is no paper equivalent for this form, however, a summary worksheet is provided for review purposes. INDIANA FORM NP-20: The Indiana Form NP-20 should be mailed on or before May 16, 2022 to: Indiana Department of Revenue Tax Administration P.O. Box 6481 Indianapolis, Indiana 46206-6481 No payment is required. The report should be signed and dated by the authorized individual(s). Copies of all the returns are enclosed for your files. We suggest that you retain these copies indefinitely. Sincerely, 01- Louis J. Castellani, CPA Somerset CPAs and Advisors DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 Form 990-N (e-Postcard) Summary r-THIS IS NOT A FILEABLE FORM - FOR REVIEW PURPOSES ONLY—) Tax period beginning 01 / 01 / 2 0 21 and ending 12 / 31 / 2 0 21 Organization's legal name Employer ID number M3 THEATER CAMP 81-4662315 Other names used by organization (DBA) 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 509(a)(3) supporting organization and its gross receipts meets limits for the tax year XD Check if organization is terminating (going out of business) ......................... 0 Information regarding principal officer: Name HILLARY BLAKE Street address 845 W CARMEL DR. City, state or country and ZIP + 4 CARMEL, IN 46032 123231 04-01-21 16390216 758477 13760 2021.02051 M3 THEATER CAMP 13760 1 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 Balance Sheet - As of 11 /28/2022 11 /28/2022 Account Balance Bank Accounts M3 Theatre Camp Checking 4,274.43 TOTAL Bank Accounts 4,274.43 OVERALL TOTAL 49274.43 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 Monthly Spending Comparison - Year to Date 1 /1 /2022 through 11 /28/2022 1 /1 /2022- Category 11 /28/2022 INCOME CAMP TUITION 10,779.17 Carmel Arts Grant 1,780.00 Merchandise Sales 18.82 Other Income Gifts Received 3,815.71 TOTAL Other Income 3,815.71 Ticket Sales 3,959.28 TOTAL INCOME 20,352.98 EXPENSES ADVERTISING 1,388.53 Bank Charges 26.00 Business Fees 2,131.63 CAMP EXPENSES 269.74 FACILITIES RENTAL 1,720.00 Fundraiser Expenses 771.30 Payroll Expenses 10,800.00 Production Expenses 1,946.27 W EBSITE 360.94 TOTAL EXPENSES 19,414.41 OVERALL TOTAL 938.57 DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 STATE OF INDIANA ) SS. COUNTY OF AFFIDAVIT of my oath, state that pursuant to paragraph 2 of an authorized representative Grantee"), being first duly sworn upon 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 $02-01 vw/ Printed Name Subscribed and sworn to before me, the undersigned Notary Public, this 07 day of ernbe r 1202a . STATE OF INDIANA NQtaryr Public Seal Chrjsone S. Wagner Hancock My Commission &Ptres FebmAry 21, 2023 SEAL] 1k Signature - Notary Public Printed Namefy rI S 1N S, Z' u e K Resident of County, Indiana My Commission Expires: = DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 Exhibit F M3 Theatre Camp Board Hillary Blake, President of M3 Theatre Camp Joyce Buchholz, Board Member & Set -Director Paulo Castro, Board Member & Music Director Pam Kovac, Board Member Chris Plunkett, Board Member Jane West, Board Member & Artistic Director DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57 Exhibit G End of Year Report M3 Theatre Camp was thrilled to finally produce Moana, Jr. in June 2022! We were pleased to receive The Carmel Arts Grant in the amount of $1,780.00 in 2022. This along with the support we received in 2020 and 2021, allowed us to run a successful camp and produce an outstanding show. This year, we were able to use The Cat Theatre for all three -weeks of camp and the performance. This provided consistency for the students, and a smoother transition from rehearsals to performance. In addition, we were able to pay a seamstress to design costumes for our students. We were also able to hire a lighting designer and purchase a black light for our organization. Included below are some photos from our 2022 production. Not only did we produce a successful summer camp and show, we had enough money in our budget to pay for the venue, games, and food for our Fall Fundraiser at College Wood Elementary School. The Fall Fundraiser event is our opportunity to announce to the public the show that we plan to perform in the summer. It also jumpstarts our fundraising efforts for the year. The Carmel Arts Grant has been vital to keeping M3 Theatre Camp serving students in Carmel and the surrounding areas! DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57