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HomeMy WebLinkAboutResolutions - 1987.12.10 - 17883MISCELLANEOUS RESOLUTION #8733 December ID, 1987 BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: ECONOMIC DEVELOPMENT GROUP - 1987/1988 SMALL BUSINESS CENTERS GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS a report was submitted to the Board of Commissioners, October 1, 1987, for the Economic Development Group 1987/1988 Small Business Centers Grant application in the amount of $54,000; and WHEREAS the Michigan State Department of Commerce has approved an award of $54,000 to the Oakland County for the Economic Development Group for the period October 1, 1987 through September 30, 19885 and WHEREAS the total program as approved by the Michigan State Department of Commerce is in the amount of $108,000 ($54,000 State funded; $54,000 County funded), as shown in Schedule A; and WHEREAS the County match $54,000 is contained in the 1988 Economic Development Budget and no additional County funding is required; and WHEREAS the grant agreement has been approved as to form by the Office of Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the 1987/1988 Small Business Centers Grant in the amount of $108,000, and the Chairperson of the Board of Commissioners be and is hereby authorized to execute the agreement. BE IT FUR= RESOLVED that the 1988-89 Biennial Budget be amended to reflect the grant acceptance. BE IT FURTHER RESOLVED that future level of service shall be contingent upon the level of State funding available for this program. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE FRPrzY ARPPnVF THE FOREGOING MDOC Grant No. 88-865 MDOC Account No 110-63-3102 STATE OF MICHIGAN DEPARTMENT OF COMMERCE A GRANT AGREEMENT BETWEEN THE STATE OF MICHIGAN AND OAKLAND COUNTY ECONOMIC DEVELOPMENT DIVISION FEDERAL I.D. NO 38-6004876 TABLE OF CONTENTS Page Section 1. Offer. . S ection 2. Acceptance . • . . • . • • foa ••••••••••••• Section 3. Provisions 3 .1 Performance. • • • . • • •-• • •e• . • • .S1 Limitations on Payment.....• • • so• •p• • 2 3.3 Reduction of Grant Amount. . . . . . . . . . . 2 3.4 Authorized Budget.- • •....••• 80•04 • 2 3.5 Changes. . . . . . . . . . . . . . 2 3.6 Program Manager..• • • • •...• • ..• • • • • 3 3 .7 . Key Personnel..• 40• • ease• • ae• •Oe• 3 3.8 Records and Financial Management . . . . . 3 3 .9 Payments • •.• • • ••• • 40•C• •O•pose 3 3.10 Payment Requests.•.• ..• •e• •O.Ope • • 3 3.11 Reporting.- • •.• • • epee•go• • •0.• 3 3.12 Audits •••..• • • • • • • • •.• •.• ...4 3.14 Political Activity . . . . . . . . . . 4 3.15 Civil Rights and Equal Employment Opportunity. . . 4 3.16 Conflict of Interest • • • 000•04o• • ...4 3.17 Sectarian Involvement Prohibited . . . . 4 3.18 Temporary Suspension . . . . . . . . 4 3.19 Termination of the Agreement . . . . h 3.20 Disputes • • • • • • • •04.• •041 • ••• •05 3.21 Oral and Written Agreements. . . . . . . 5 3.22 Signatories...•.• • • • •G•em.•004 5 Section 4. Riders A. Small Business Center Statement of Work. . . . . . 6 Section 5, Attachments 1. Financial Status Report and/or Payment Request Form. . 10 2. Payment Request Form Instructions. . . . . . 11 3. Quarterly Activity Report Form . . . . . 12 4. Grant Amendment Application Form . . . . . . . . 13 Grantee's Auth6rized Official By: SS ic Q Pri4 name and title here Dated this nE-C) day of _, 1 98f. - PROVISIONS 1 Grant No. 88-865 STATE a MICHIGAN DEPARTMENT i COMMERCE AGPEEM,EN7 1. OFFER: The Michigan Department of Commerce (hereinafter the "Department") hereby offers to the Oakland County Economic Development Division 1200 N. Telegraph Pontiac, Michigan 48053 the "Grantee"). a grant of fifty-four thousand dollars to carry out Small Business Center activities, as more fully d in the Statement of Work, between October 1, 1987 and September 30, (hereinafter Dated this day of By: Robert 'Leary Chief Deputy Director Michigan Department of Commerce Michelyn E. Pasur Deputy Director" Michigan Department of Commerce _, 1987. 2. ACCEPTANCE: The foregoing offer is accepted and it is agreed that the funds received will be used only as set forth herein and in accordance with the proyli-rt-cns and,kfrations of,this agreement and its attachments. 3.1. PERFORMANCE: The Grantee agrees to carry out the activities of a Small Business Center (SEC) as more fully described in the Statement of Work incorporated in this agreement as Rider A, with due diligence and to put forth its best efforts to attain the annual goals made a part of this agreement by attachment as Rider B. '1.2 LIMITATIONS ON PAYMENT: The Grantee agrees that all cost cveruns are the responsibility of the Grantee. Payments to the Grantee will not exceed the amount specified in Section 1 unless that amount has been changed by amendment. Payments may be withheld if the Grantee has not met the reporting requirements established in Section 3.11. REDUCTION OF THE GRANT AMOUNT: The Department reserves the right to reduce the amount of the grant in the following circumstances: a) If state general funds available to the Department are reduced during the course of the fiscal year, b) If revenue available from restricted funds is less than currently appropriated, c) If the Grantee's actual expenditures are less than those anticipated in the budget. If a reduction becomes necessary, the Department will provide the Grantee with a written notice thirty (30) days prior to the reduction. '1.4. AUTHORIZED BUDGET: The Grantee agrees that funds received under this agreement shall be used only for those items and activities set forth in the guidelines in the amounts established in the budget made a part of this agreement by attachment as Rider C and in accordance with all applicable federal, state, and local laws. The Grantee agrees that the agreement may be terminated if grant funds are used for any purpose not itemized in the budget and to return any funds used for anything other than those items and activities set forth in this agreement immediately after a written request to do so by the Department. The Grantee agrees that the use of state funds for travel that is determined necessary to the Program, shall be subject to travel policies of the Grantee if they are uniformly applied, regardless of source of funds in determining the amounts and types of reimbursable travel expenses of the Grantee's staff. If the Grantee does not have specific pclicies or if specific policies are not uniformly applied, the state of Michigan Standard Travel Regulations shall apply in determining the amount charged under this agreement. CHANGES: No term or provision of this agreement and its attachments ex- cept modifications of the budget totaling ten (10) per cent or less of the state funds, may be changed, waived, added or deleted except by written amend- ment approved by the Department. Application for amendment must be initiated by filing a properly completed application for amendment form, attachment 4 of this agreement, with the program manager. 2 PROGRAM MANAGER: The person designated by the Department to monitor the activities the Grantee must carry out under this agreement. The Small Business Center Program Manager is: Jean Johnson Small Business Centers Michigan Department of Commerce P.O. Box 30225 Lansing, MI 48909 1.7. KEY PERSONNEL: The Grantee agrees that any personnel specified in Attachment A to the budget are considered essential to the activities being performed hereunder. No substitution for these personnel nor change in the amount of time they spend on SBC activities shall be made without written notice from to the Program Manager. 1.8. RECORDS AND FINANCIAL MANAGEMENT: The Grantee warrants that its financial system will ensure effective control over, and accountability of, all funds received. And further, that accounting records, activity reports, and in-kind contributions will be supported by documentation, including a case record of every client receiving more than one hour of counseling. All financial records, supporting documents, and documents supporting activity reports shall be retained for a period of three years from the date of acceptance of the Grantee's final report. 1.9. PAYMENTS: One advance payment of up to twenty-five (25) per cent of the grant amount will be made upon execution of this agreement and receipt of a payment request. Three additional payments of up to twenty-five percent each will be made quarterly upon receipt of a payment request provided all reporting requirements have been met. 1.10. PAYMENT REQUESTS: The Grantee agrees that only a properly completed Financial Status Report and/or Payment Request Form, attachment 1 of this agreement shall constitute a payment request and that such requests shall be submitted to: Michigan Department of Commerce Local Services Division 6500 Mercantile Way, Suite 2 Lansing, Michigan 48911 PHONE: (517) 334-6175 '1.11. REPORTING: The Grantee agrees to submit quarterly financial status and activity reports, attachments 1 and 3 of this agreement on or before the fifteenth of January, April, July, and October, 1988. Each activity report shall be accompanied by a narrative describing any problems affecting achievement of annual goals and steps being taken to resolve them. A final financial status report, clearly labeled as such, including a schedule of any program income earned and expended is due on or before November 16, 1988. Any unspent funds must be returned to the Department with the report. 7.12. AUDITS: All expenditures of grant funds and activity reports are subject to audit by the State prior to or after the final payment. The Grantee agrees to make all pertinent records available within ten (10) days of any request. Any audit conducted by the state will be performed during normal business hours. Any costs incured for the audit shall be paid by the State. The Grantee may be required to submit a copy of its own annual audit to the Department for any fiscal period in which grant funds are spent. R.1R. LIABILITY: The Grantee agrees to indemnify, defend and save harmless, the Department and its employees from any claims, liens, loss, damages, or injury resulting from the negligent actions of the Grantee under this agreement. R.14. POLIT7177, ACTIVITY: The Grantee agrees that the levying, solicitation, collection or payment of any type of contribution to a political party, co,,“ ittee to elect, or political action committee during the hours an employee or contractor is on duty or representing or acting on behalf of the Grantee is expressly prohibited. Grantee agrees that an employee or contractor may become a member or an officer of a political party, or political committee formed or permitted under the election laws of Michigan or of the United States and be a delegate to any convention held by a political party but not during the hours the employee or contractor is on actual duty or representing or acting on behalf of the Grantee. R.15. CIVIL RIGHTS AND EQUAL EMPLOYMENT OPPORTUNIT1: The Grantee agrees to comply with applicable state and federal Civil Rights and Equal Employment Opportunity statutes. R.18. CON.U.ICT OF INTEREST: No employee of the Grantee, any member of the Grantee's governing board or body, and no person who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this grant shall participate in any decision relating to this grant which affects his/her personal pecuniary interest. R,17. SECTARIAN INVOLVEMENT PROHIBITED: Grantee shall ensure that no funds received via this agreement are used, either directly or indirectly, in the support of any religious or anti-religious activity, worship, or instruction. 7.18. TEMPORARY SUSPENSION: The Grantee agrees that the Department may, with reasonable notice, suspend the agreement for failure to comply with its terms or failure to make reasonable progress towards completion of the activities being funded. During the period of any suspension the Department may withhold payments and/or prohibit the Grantee from incurring additional obligations of _ grant funds. A suspension may last until the Grantee provides evidence of corrective action acceptable to the Department or until a decision is made to terminate the agreement. R.19. TERMINATION OF THE AGREEMENT: The Department may terminate this agreement in whole or in part, at any time if it is determined that the 14 Grantee has failed to comply with the terms and conditions of the agreement by delivery to the Grantee of a "notice of termination" specifying the extent to which performance of the work under the agreement is terminated and the date the termination becomes effective. Within seven days of delivery of the notice, the Grantee and the Department's program manager shall meet to review expenditures. The Grantee shall be reimbursesd for those expenses incurred for the purposes covered by this agreement prior to receipt of the notice to terminate. Any funds advanced and not spent shall be returned to the Department within seven days of this settlement meeting. 1.20. DISPUTES: Both parties desire to avoid and settle without litigation any disputes which may arise out of this agreement. Accordingly, the parties agree to engage in good faith negotiations to resolve any such dispute. In the event they are unable to resolve any such dispute by negotiation, then such dispute concerning any matter whose arbitration is not prohibited by law at the time such dispute arises shall be submitted to arbitration in accordance with the Arbitration Rules of the American Arbitration Association then in effect and the award rendered by the arbitrators shall be binding as between the parties and judgement on such award may be entered in any court having jurisdiction thereof. No suit at law or in equity based on such dispute or controversy shall be instituted by either party hereto other than to enforce the award of the arbitrators. 1.21. ORAL AND WRITTEN AGREEMENTS: This agreement constitutes the complete reement between the Department and the Grantee. All oral and written agreements between the parties relating to the subject matter of this agreement have been reduced to writing and are contained herein. 1.22. SIGNATORIES: The signatories warrant that they are empowered to enter into this agreement. Section 4 SMALL BUSINESS CENTER - STATEMENT OF WORK A. Goal The goal of the Small Business Centers (SBCs) is to stimulate job creation at the local level through assistance to prospective business owners and entrepreneurs and managers who need assistance to survive and expand primarily through individual counseling, training and other activities targeted to the needs of its area. Affirmative action should be taken to assure that the needs of women and minorities are served by the SBC. B. Services 1. Counseling: The center staff will provide needs assessment and initial individualized business counseling in business planning and financial analysis. Staff will develop a network which links volunteers, community resources and fee-based consultants, such as attorneys and C.P.A.'s, to provide specialized services outside the range of staff expertise. At a minimum, the center shall provide the following services: Orientation/Needs Assessment Business Planning Assistance Financial Planning and Recordkeeping Assistance Business Problem Solving Marketing/Market Analysis Assistance Referral to other community resources when appropriate. A case record shall be maintained for any client receiving at least one hour of counseling. The center shall also keep a contact list with names and addresses of individuals or businesses which receive shorter term services. Z. Client Training: The center will assess the training needs of the small businesses its service area, initiate and host training sessions to meet those needs. The Department also encourages participation in the planning and co- sponsorship of sessions with other organizations, such as: Chambers of Commerce, local colleges, economic development groups, etc. 'R. Special Activities: If appropriate, the SEC shall develop special activities which meet the needs of particular business community. These might include local business trade shows, development of a local guide for business, video productions, etc.- C. Management 1. Outreach: The center shall plan a program designed to inform existing and r 6 potential small business owners about available services. This may involve, but not be limited to, speaking to public service groups, newspaper ads, participation in talk shows, liaison to other agencies, etc. 2..§taff Training: SBC Director or his/her representative is expected to attend quarterly meetings hosted by the Department and/or MI-SBDC and regional meetings hosted by the Department. In additon, SBC staff are encouraged to participate in training sessions on specific topics offered by the Department and/or MI-SBDC. R. Coordination: The SBC staff will coordinate activities with other service providers in its geographic area in a way that will avoid duplication of services. 4. Satellite Offices: In some cases, particularly in multi-county areas, centers may choose to establish satellite offices where center staff or other co.Hunity counselors provide counseling. In those cases, the SBC will provide the Department Commerce with a plan describing how clients in different parts of the service area will be served. Details about the flow of information (i.e., from Coerce to satellite offices and from satellite offices to Comoerce) should be included in the service plan. 7 P I [3 F E SECTION 3: NUMERIC PERFORMANCE GOALS The chart below corresponds to the Quarterly SBC/SBDC Activity Report and compares FY 1987 and FY 1988 numeric goals for our SBC. Item No. FY 1987 Annual Goal FY 1988 Annual Goal Counseling 1. Number of short term contacts 100 200 2. Number of short counseling sessions (less than one hour) 250 300 3. Number of counseling hours 1,000 1,000 4. Number of clients counseled 400 400 5. Number of clients over 11 hours N/A N/A 6. Referrals N/A N/A Training 7. Number of training programs 10 20 8. Number of program hours 20 70 9. Number of program participants 350 500 - • ,Performance Measures _ _ _. -10. Number of business start-ups 100 30 11. Number of jobs created 100 200 12. Number of jobs retained • 200 . 150 8 r DMI-V-27T 10/1/E7 02/70/86 cTAT;=:- LOCAL 1._,..,._. CATEGORIES CASH flAc-44, r\l,—'!-;:ND TCTAL , , — 1 PERCOW7 i ii0„000 L -7,00( r.,;7.00 _ 2 SPACE 0 0 0 0 3 COMPUTER EQUIP 6,000 0 0 6,000 4 OTHER EQUIP 0 0 0 0 u TRAVEL 1,000 0 0 1,000 6 CONSULTING ETC 0 0 0 0 7 OTHER OFFICE OPER 0 0 0 0 6 OTHER PROGRAM 5,000 7,000 0 12,000 9 INDIRECT COSTS 2,000 0 0 2,000 TOTAL 54,000 54 , 000 0 108,000 ALLEN RESOLUTION # 8 7331 December 10, 1987 Moved by Caddell supported by Angus McPherson the resolution be adopted. AYES: McConnell, McDonald, A. McPherson, Moffitt, Oaks, Page, Pernick, Rewold, Rowland, Skarritt, Wilcox, Aaron, Bishop, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Law. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of this Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meeting held on December 10, 1987 with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this 10th day of /I ) December 1987 CounlEy Clerk/Register of Deeds