Art Grant - Carmel Community Players A:tOtrieicel
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ARTS GRANT PROGRAM
AGREEMENT
This Grant Agreement (herein referred to as "Agreement") entered into by and between the City
of Cannel (the "City") and Carmel Community Players 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, I, Rich Phipps
an authorized representative of Grantee, have applied for a City of Cannel
("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 and by
the City Council, agrees to grant $ 15,Ooo. 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.
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. 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 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);
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 7
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.
7. 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. 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
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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.
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, upon
request, 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
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 compensated officers,
employees, contractors, subcontractors and/or agents are employees of City. The
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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
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:
C42 (�,
ME L MMu.tatt1 1 14/Fkl ("Grantee")
By: c-C L-0 P4
Printed Name of Officer: "R. cm R>i•er3 Title: Pe. i D EST-
Date: 2/2-7 f2,oIS
CITY CARMEL ("Grantor")
James Brainard, Mayo
Date:14U5u)T O 1/ 5
AUEST: ✓✓ /
Date: UUUS-k- b. Q0 13
If you have any question concerning the City of Cannel's 2013 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,skibbcf@cannel,in goy.
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Exhibit "A"
An Application and Description of the Proposed Use of the Grant Funds
APPLICANT:
Name of organization: Carmel Community Players Inc.
Address: 14299 Clay Terrace Blvd. Suite 140
Carmel, IN 46032
Telephone: 317-815-9387 Fax:
Contact Person: Rich Phipps 317-501-2798
Email: rphipps@carmelplayers.org
APPLICATION AMOUNT: $ 20,000.00
Not to exceed 1/3 of previous year revenue/income
DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS:
Carmel Community Players (CCP) proposes to use the grant funds in two ways:
1) Facility Improvements
Carmel Community Players would make substancial improvements to the facility, a retail
store-front in Clay Terrace converted to our playhouse facility four years ago. Upgrades
will enhance the theatrical experience to our patrons in the following ways:
a) Lighting and Sound System Equipment to include more energy efficient technology
and equipment to benefit patrons with hearing impairments.
b) New Outdoor Signage and Window Light Boxes to make it easier for our patrons
to locate the Playhouse.
2) Sponsorship of CCP Summer Youth Theatre Camp for ages 8-14 years. CCP's
Summer Youth Camp would focus on non-musical plays in contrast to many summer
youth camps which involve musicals. Program would include mentoring youth in both
performance skills and theatre-tech and culminate in the full scale production of a
comedy or drama. With grant sponsorship, campers' participation could be fully
subsidized, and the performance could be made free to the public.
By: Av,e ,
Printed Name of Officer: Rich Phipps
Title: President
Date: February 27, 2013
(Additional pages may be added to Exhibit"A")
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