Carmel Internl Art Festival/Art Grant/$25,000 (1 .6o43
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ARTS GRANT PROGRAM 4 tA. A
AGREEMENT
This Grant Agreement (herein referred to as -Agreement") entered into by and between The City
of Carmel (the City) and(ic?rinf 17,.,-/'/ i)R1 FSTtOte/Grantee), is executed pursuant to the
terms and conditions set forth herein. In consideration of those mutual undertakings and
covenants, the parties agree as follows:
1. That on behalf of Grantee, a not-for-profit corporation, 1,
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r,5pai qr../ Lk
fs Iresit-1t'n-I', an authorized representative of Grantee, am
applying for 4. City of Carmel ("Grantor") Arts Grant.
2. Purpose of this Grant Agreement. The purpose of this Agreement is to enable the
City to award a grant of)5,0 Dollars and 00 Cents ($XXX.XXX,XXX) 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.
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:
1. 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.
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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 22-5-1-7.3. The Grantee agrees
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:
iar`n�� niernalional R 5 F�sf I a`` i
("Grantee")
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Printed Name of Office �a p5 j de A*
i�SFUwGlL� Q� {��STitle:
Date: — o g—a.Q
CITY OF CARMEL ("Grantor")
B je �/"Lc���
James Brainar., Mayor
Date: .if - / O
ATTEST: t'�
�LG l a- f 1_w f.i.k._�
Date: l '— I `t — 020 I P\
If you have any question concerning the City of Cannel's 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,skihbe'rucarmel in nov.
4
March 26,2012
NTP
' Mayor James riots),rD' Z City of CarmeBrainard l
t,� It a • One Civic Square
Qp Carmel, IN 46032
Dear Mayor Brainard,
RTs
It's time to start planning for our 15'h Annual Carmel International Arts Festival. Last year was
great except for the weather. I believe our artists were top notch last year and I have the sense that
word is getting out about how great our Festival has become. I also know that our all volunteer
board and volunteers get rave reviews from the artists. Overall, the artists were happy,the Camel
Officers community was ecstatic. The main reason for this festival is to showcase our wonderful City to
visitors—I believe we succeeded in our mission. Our Board is requesting$25,000 for our 15`h
Rosemary Waters Annual Carmel International Arts Festival from the City of Carmel.
President We are looking forward to 2012 and we already have the dates reserved with the City of Camel
Board of Public Works. The dates are September 22 and September 23, 2012.
Jeff Worrell
Vice President Last year we did not receive funding from the City of Carmel. We cannot continue to operate
without a sizeable grant from the City.
Sandy Barretto
Vice President Enclosed is our P& L Statement. Our festival could not maintain its image of a well managed,
well run event without the generous funding from the City of Camel. This will be our 5'h year of
Gary Frey our festival in the Arts and Design District and we know how to run it professionally. We
Vice President continue to pay for off duty police security and it was extremely effective which is very important
for our image with the artists. Entertainment for the festival continues to be one of the top
Joan amino expenses. We have a wonderful line up of entertainment and most have been with us throughout
Vice President the years. We had two stages this year to accommodate the entertainers and to stretch out the
crowds to the roundabout on 4'h Ave to the West.
Elaine Bass
Secretary/7reasurer We received $7,000 from other sponsors last year and that was down from the previous year. I
have John Walls of Drewry Simmons Vomehm, LLP filing to see if we can get the 501 (c)(3)
Board Members designation in lieu of the 501 (c)(4)we currently have. I believe if we can get the 501 (c)(3)
designation we will be able to apply for grant money through Legacy Funds in the future. We also
Douglas Haney have some other ideas to bring in some revenue to support the festival. We continue to receive in
Doreen Squire Ficara kind sponsorship from The Current in Carmel. They are very generous in free advertising that
Cherie Plebes doesn't show up on the P& L Statement. Their sponsorship played a huge part in our success.
Lee Goodman
Lynda Pitz
Michael Godfrey The City is fortunate that we have such a dedicated all volunteer committee that loves putting on
Cindy Roberts-Greiner the annual Carmel International Arts Festival.
Bev Weaver The Carmel International Arts Festival Committee would like to thank you in advance for
Pat Hite consideration of our ues
re t of$25,000. If you Olson q 5 ou have an y questions, please feel free to contact me.
Bryan Ferry ry Sincerely,
Kathleen O'Nei l Steven
/n/lo U
John Walls Rosemary titers, r dent
14 South Rangeline ad
Carmel, IN 46032
573-9602
"Exhibit A"
Proposed use of Grant Funds by the Carmel International Arts Festival
Please refer to our P & L Statement. These expenses less income have been fairly
consistent. Our expenses do not vary drastically from year to year. Our income is
based on Artist Entry Fees, Donations (sponsorships) and Food Vendor Entry Fees.
Last year we did not receive any money from the city and this reflects the fact
that we had expenses over income of $17,320.12.
Our expenses are really almost the same every year. There are not a lot of areas
we can cut back on and not adversely affect the festival atmosphere and quality
of the whole event.
12:45 PM DBA Carmel International Arts Festival
03/26/12 Profit & Loss
Cash Basis January through December 2011
Jan-Dec 11
Ordinary Income/Expense
Income
Artist Entry Fee 23,275.00
Childrens Area Receipts 452.65
CIAF Donations 7,000.00
electrical booth fee 600.00
Food Vendor Entry Fee 4,275.00
Ice Receipts 200.00
Jury Fee 3,950.00
Money Market Interest 93.96
Print Sales 755.00
Total Income 40,601.61
Expense
Advertising Expense 2,324.00
Artist's Awards 5,332.44
Bank Service Charges 46.00
Breakfast for Artists ' 458.32
Coffee and Water Expense 214.56
Contract Labor 210.00
Dues and Subscriptions 220.00
Electricity Hookup expense 2,781.00
Equipment Rental
Generators 3,525.75
Portable Restrooms, Inc. 2,400.00
Tents 3,668.30
Total Equipment Rental 9,594.05
Festival Entertainment
Entertainers 9,150.00
Entertainment Activities 2,850.00
Total Festival Entertainment 12,000.00
Golf Carts 1,491.00
Ice Expense 250.00
Insurance
D&0 Insurance 980.00
Liability Insurance 1,100.00
Total Insurance 2,080.00
Licenses and Permits 100.00
Miscellaneous 1,018.50
Office Supplies 337.90
Police and Security 2,510.00
•
Postage and Delivery 436.65
Print Expense 810.53
Printing and Reproduction 2,779.25
Professional Fees
Accounting 360.00
Total Professional Fees 360.00
Radios 432.10
Scholarship 1,780.00
Stage 4,650.00
T-Shirts 2,261.55
Tents 19.25
Trash Bag Expense 166.64
Page 1
12:45 PM DBA Carmel International Arts Festival
03/26/12 Profit & Loss
Cash Basis January through December 2011
Jan-Dec 11
Travel&Ent
Entertainment 786.95
Meals 134.04
Total Travel&Ent 920.99
Website 2,337.00
Total Expense 57,921.73
Net Ordinary Income -17,320.12
Net Income -17,320.12
Page 2
"Exhibit B"
Budget for Calendar Year for the Carmel International Arts Festival
Income
Artist Entry Fee $23,625.00
Children's Area Receipts 500.00
CIAF Sponsorship 4,000.00
Electrical Fee 600.00
Food Vendor Entry Fee 4,000.00
Jury Fee 4,000.00
City of Carmel Grant 25,000.00
Total Budgeted Income $61,725.00
Expenses
Advertising Expense $10,000.00
Artist's Awards 5,000.00
Breakfast for Artists 500.00
Coffee and Water Expense 200.00
Contract Labor 200.00
Dues and Subscriptions 200.00
Electricity Hookup expense 2,750.00
Generator Rental 3,500.00
Portable Restrooms 2,500.00
Tent Rentals 3,500.00
Festival Entertainment 11,000.00
Golf Carts 1,500.00
Insurance 2,000.00
Licenses and permits 100.00
Sponsorship framed gifts 900.00
Office supplies 300.00
Police and Security 2,500.00
Postage 500.00
Printing and Reproduction 2,500.00
CPA expense for filing taxes 350.00
Radios 450.00
Scholarships 1,750.00
Stage 4,650.00
T-shirts 500.00
Trash Bag Expense 150.00
Sponsorship recognition party 750.00
Website 2,500.00
Total Budgeted Expenses $60,750.00
Net Ordinary Income 5975.00
RESOLUTION NO. BPW-12-19-12-05
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:
1. 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.
SO RESOLVED this igvn day of 262M\1P r' , 2012.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY: ��7 —'—gig
Ja es Brainard, Presiding Officer
Date:
Mary 13�urke, Member
Date: � 9
B
Lori S. Watson, Me s:
Date: /4 /t �.
ATTEST:
-
ana Cordray, IMO , Clerk-Treasurer
II ate:
Z\E Bass My Documents\BPW-Resolutions\2012\Acknowledge ARTS FESTIVAL Agmt 12-18-12.docxl2/18/2012 9 50 AM