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HomeMy WebLinkAboutCarmel Art Council/Art Grant/21,254 .e :l 4 m t(I�IitO 3, , 114DiAN4'~ ARTS GRANT PROGRAM "opt A AGREEMENT bags This Grant Agreement(herein referred to as "Agreement") entered into by and between The City of Carmel (the City) and ut szitk2LQttj tn,.t,fiQ. (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. Pp,4 *twit:wit' (�G2_tt LCt2 an authorized representative of Grantee, am applying for a City of Carmel ("Grantor') Arts Grant. 2. Purpose of this Grant Agreement. The purpose /Ls • reement is to enable the Jai,a .o0 City to award a grant of� to tr.. - antee 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. 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. 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: A. A description of the proposed use of the grant funds (EXHIBIT A); /2. A budget for the calendar or fiscal year for which the grant is requested (EXHIBIT B); /3. Certified copies of incorporation as a not-for-profit corporation under state law (EXHIBIT C); 4. A not-for-profit application or determination letter from the U.S. Internal Revenue Service identifying that it is a not-for-profit corporation that is exempt from Federal income tax (EXHIBIT D); /5. Any audits, reviews or compilations available describing the financial condition of the Grantee (EXHIBIT E); /6. A list of the Grantee's board of directors and officers listed (EXHIBIT F). 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. 7. Year end review. Grantee agrees to provide the City of Carmel a year-end report for each year, describing how the grant was used and the impact of the dollars received. This 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. If the Grant amount is in excess of sixty thousand dollars ($60,000.00), the Grantee agrees to provide, at Grantee's cost, a review or audit of the grantee. Said review or audit 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. 2 8. 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 Grantee with the graphics/logos necessary for compliance. 9. Statutory Authority of Grantee. The Grantee expressly represents and warrants to the State 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. 10. 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 or Federal law. 11. 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 tilt 7%) to provide documentation to the City that he/she/it has enrolled and is participating in the E-Verify program. Additionally. the Grantee is not required to participate if the Grantee is self employed and does not employ any employees. 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. 12. 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. 13. Relationship of Parties. The relationship of the parties hereto shall be as provided for in this Agreement, and neither Grantee nor any of its 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. 14. 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 3 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. 15. 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: C r)nGC-G p tot /ka• ("Grantee") B} Re&atc �C,G•GJ�7 C Printed Name of Officer oRLCN SQUIRE 6oP/?A Title: cOJXP,P.�jtc t '�d ) Date: gra, /h &9/g CITY OF CARMEL("Grantor") By: James Brainard, Mayor Date: X j...tr4 /47 a 072 ATTEST: Date: n )1-1 - O If you have any question concerning the City of Carmers 2012 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,skihhviicarm_liin gov. 4 EXHIBIT A ioict 4; , ' re, o :6t Doreen Squire Ficara Executive Director Donna Tutwiler April 9, 2012 President Sue Collier The Hon. James Brainard 1st Vice President Mayor of the City of Carmel Connie Titak 2nd Vice President 1 Civic Square Cherie Piebes Carmel, IN. 46032 Past President Dawn Fraley The Carmel Arts Council, Mayor Brainard..... Treasurer Kathy Henderson .... would be extremely grateful to receive funding for 2012 in the amount Secretary of $58,000 to continue our endeavors to support and promote the Arts in Board Members: the Carmel community. Linda M. Bachofner,Artist Sandy Barretto Attached is our latest brochure showing the many activities in which we Elizabeth Brainard are involved. This year we have started an Auxiliary division and are now Theresa Brust Joyce Burrell,Artist able to open the World's Smallest Children's Art Gallery on Saturdays Joan Cimino and Sundays each month as well as the evening of each Gallery Walk. Michael Godfrey Marie Horning Visitors to our Art Gallery during 2011 amounted to 4,042, up from 3,500 Vivian Lawhead the previous year. Our board members donated $4,494.00 in membership Jayme McComas contributions and in kind donations for our various events. Total hours Mary Kay Olvera volunteered by the board members and Ex.Dir. were 3,525. The latter Kathleen O. Stevens Rosemary Waters supplies the office and meeting rooms, including utilities year round. Julie H. Williams Lois Wyant The Executive Director has completed the background of 8 historical sites Associates: In the Arts and Design District, one pending and another in progress. Dr. Charles R Conrad A map has been produced and the first tour of the sites, including two Maria DeSantis already at the corner of E. Main and Range Line Road, will take place on Marjorie Flynn June 9th. this year in honor of the City's I75t''. Anniversary. Abby Frantz Douglas Haney Esq. 2013 will be the CAC's 20th. anniversary and a booklet of these years will Dee Kerber,Artist be produced and an exceptional gala planned for the fall of that year. Lisa Rupp,Artist Rose Schnell-Cole Franklin Whelan The City's approval of our request for funding will be greatly appreciated. As always, it is my pleasure and honor to do my best for the Carmel Arts Lifetime Members: Council and the City of Carmel. Betty Sanford Prof. Edward Manettat Phyllis Morrissey Sincerely Carol Skinner,Artist S-C92`ft-t4��� �G � � ce *Deceased 27et !/ ( Office: 776 Hawthorne Drive,Carmel,Indiana 46033-9471 (317) 844-4989 DSFCarmelarts @yahoo.com World's Smallest Children's Art Gallery 40 West Main Street,Carmel,Indiana 46032 EXHIBIT B 2012 Carmel Arts Council Budget 03/04/2012 Income Summer Fundraiser $1105.00 Gallery Donations $375.00 YPS Net $1850.00 Grants/Sponsorships . $ 58,000.00 Contributions $1171.00 Member Dues $500.00 Silver Tea Net $700.00 Interest $60.00 TOTAL $63761.00 Expenses Savings $6221.00 Rent $1500.00 Travel $420.00 Payroll $44000.00 Regional Art Scholarships $900.00 Local Arts Grants $1245.00 Association Dues $460.00 Printing $700.00 Insurance _ .__ $2000.00 Accounting $1400.00 Internet $655.00 Payroll Fees $480.00 Telephone $994.00 Website Advertising $300.00 Postage $57.00 Office Supplies $950.00 Gallery Operating Expenses $50.00 Meals and Entertainment $750.00 Lease- (paid through 12/2012 @ $10.00/yr) License's and Permits $7.00 Computer Repairs $542.00 Depreciation Advertising $130.00 TOTAL $63761.00 J. Dawn Fraley Treasurer, Carmel Arts Council 03/04/2012 RESOLUTION NO. BPW-12-19-12-03 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING RECEIPT OF CONTRACT 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's mayor shall sign all contracts of the City; and WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable James C. Brainard, has signed the City contract attached hereto as Exhibit A (the "Contract"); and WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk-Treasurer's Office, 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: I. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk-Treasurer and thereafter made available to the public for review. 0 SO RESOLVED this I I day of ,,)e �Y(�\t)_Q:r , 2012. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Ja eS Br d Presiding Officer Mary Burke, ,mbeF �/ Date: / /o/ / pC_ Lori S. Wa.son, ■ c bpr Date: /d--fl `tl/ -�— ATTEST: Di, a Cordray, IMCATI-rk-Treasurer Date: \A--` - ( Z\E Bass\My Documents\BPW-Resolutions2012\Acknoy4edge ARTS COUNCIL Agm112-18-12.docx12/18/2012 9:48 AM