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HomeMy WebLinkAboutResolutions - 2011.07.06 - 18631MISCELLANEOUS RESOLUTION #11132 July 6,2011 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE & FILM — FY 2011 REGIONAL REGRANTING ADMINISTRATIVE SERVICES PROGRAM GRANT ACCEPTANCE — MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County $6,200 for administrative services relating to its Regional Re-granting Services Program for Fiscal Year 2011; and WHEREAS the Regional Re-granting/Mini-grant Program provides funding for locally developed, high quality arts projects to address local arts needs and increase public access to the arts; and WHEREAS Local In-Kind Match in the amount of 36,200 is required for the grant award, as determined on a dollar-for-dollar basis; and WHEREAS acceptance of this grant award does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Fiscal Year 2011 Regional Re-granting Administrative Services Program Grant Agreement with the Michigan Council for Arts and Cultural Affairs in the amount of $6,200. BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that continuation of this program in future years is contingent upon the availability of grant funding. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Potts absent. Krisf -e. Z ra PrVi."AtifiX2Plal From: Piir, Gaia <piirg@oakgov.com > Sent: Thursday, June 16, 2011 2:52 PM To: 'Zamora, Kristie'; 'Tinsley, Monica'; Keller, Wayne Subject: GRANT REVIEW SIGN OFF - Arts, Culture & Film - 2011 Regional Regranting Services - ADMINISTRATION - Grant Agreement Attachments: Grant Accept sign off pkg ADMIN.pdf GkANT REVIEW SIGN OFF — Arts, Culture & Film GRANT NAME: 2011 Regional Regranting Services - ADMINISTRATION FUNDING AGENCY: Michigan Council for Arts and Cultural Affairs DEPARTMENT CONTACT PERSON: Kristie Everett Zamora 8-0415 STATUS: Grant Acceptance DATE: June 16, 2011 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (6/7/2011) Department of Human Resources: Approved. — Karen Jones (6/13/2011) Risk Management and Safety: Approved by Risk Management. — Andrea Plotkowski (6/13/2011) Corporation Counsel: There are no outstanding legal issues with the above named grant. —Joellen Shortley Blaszczak (6/14/2011) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. Federal Office of Management and Budget (OMB) Circular No. A-87, A-102, and A-133 http://www.whitehouse.gov/omb/circulars/index.html Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://wwwdegislature.mi.goviluq3lxgeltmrj5z55z2uiwv45 )/mileg.aspx?page=getobject&objectname=mcl-Act-453-of- 1976&quervid=14718540 MCA 5(02/11) state std cty Michigan Strategic Fund CFDA No, 45.025 MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS 1. GRANT AGREEMENT FOR ARTS SERVICES Control #: 11RR0023SV The MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS, (the 'Council') and Oakland County, (the 'Grantee') enter this Grant Agreement for Arts Services ('Grant Agreement') on March 15, 2011 and mutually agree as follows: Authority This Grant Agreement is executed under authority of Sec. 11(6) of the History, Arts and Libraries Act, 2001 PA 63, MCL 399.711 and Sec. 1035 of 2010 PA 191. 2. Grant Agreement Period The period of this Grant Agreement shall be from October 1, 2010 and extend to September 30, 2011, unless prior termination is effectuated by the Council pursuant to Section 7. 3. Project(s) Funded Beginning on October 1, 2010, Grantee shall: Represent the Council as the contact agent and facilitator of its Regional Reg -ranting Minigrant Program for Region 2; Oakland County., as more specifically set forth in the grant application or revised 'grantee information form', which is incorporated herein and made part of this Grant Agreement by reference. Grantee shall comply with all financial and other requirements as outlined in the 2011 MCACA Grant Program Guidelines, which are incorporated herein and are made part of this Grant Agreement by reference. Grantee understands and agrees that: (a) Artistic excellence and artistic merit are criteria by which applications are judged, taking into consideration general standards of decency and respect for the diverse beliefs and values of the people of Michigan. (b) Obscenity is without artistic merit, is not protected speech, and will not be funded by a grant awarded by the Council and supported with State appropriations. Grantee understands that the Council shall withhold undistributed grant payments from Grantee if Grantee violates any of the requirements for funding listed in the preceding paragraph, and further, that if Grantee violates any of the requirements, Grantee may be disqualified from awards of future grants for a period of up to three years. Additionally, the Council may demand full repayment of distributed grant proceeds in such event. 4. Category Specification The Grantee is eligible for this grant in the Regional Regranting category. 5. Terms and Conditions of Payment The Council shall pay the Grantee an amount not to exceed $6,200 on the following dates and in the following amounts, subject to the Grantee's compliance with this Grant Agreement. The Council, in its sole discretion, shall determine whether the Grantee has fulfilled all Grant Agreement terms and conditions. If the Council determines that the Grantee has failed to comply with any term or condition, the Grantee shall not be entitled to any payment listed below: Amount: Date: Stipulation: $3,500.00 4/8/2011 Upon processing of signed agreement $1,800.00 7/15/2011 $900,00 12/30/2011 Upon council approval of final report due 11-30-2011 Grant Agreement for Arts Services Control #: 11RR0023SV, Page 2 The Grantee shall meet the above listed conditions at least 30 days prior to the indicated payment date, so that the Council will have adequate time to process scheduled payments. Failure to comply with any deadlines will delay - payment or may cause termination of this Grant Agreement pursuant to Section 7. In the event this Grant Agreement needs to be approved by the State Administrative Board of OFM, it shall be contingent upon such approval and no grant payments shall be made until this contingency is satisfied. Further, Grantee acknowledges that Council's performance of its payment obligation is dependent upon the continued receipt of government funding. In the event that the State Legislature or any State official, commission, authority, body, or employee, or the federal government (a) takes any legislative or administrative action, which fails to provide, terminates or reduces the funding necessary for this Grant Agreement, or (b) takes any legislative or administrative action, which is unrelated to the source of funding for this Grant Agreement, but which affects the Council's ability to fund and administer this Grant Agreement, and other Council programs, then the Council may terminate this Grant Agreement by providing notice to the Grantee of termination. The payment amounts set forth in this section shall, at a minimum, be matched on a dollar-for-dollar basis from local and/or private sources. The match may include the reasonable value of services, materials, and equipment as allowed under the Federal Internal Revenue Code for charitable contributions, subject also to the pre-approval of such a match by the Council. No member of the State Legislature or any individual employed by the State may share in the awarded grant or any benefit that arises from the grant. 6. Redistribution Prohibition The Grantee may not redistribute any grant awarded under this Grant Agreement or the matching funds which conferred eligibility for the grant to any other entity, unless specifically provided for in this Grant Agreement. 7. Termination of Grant Agreement The Council may terminate this Grant Agreement for any reason by giving 5 days written notice to the Grantee. Upon termination, the Council shall have no further obligation to make the payments described in Section 5. 8. Grantee's Liability The Grantee will furnish and maintain during the term of this Grant Agreement public liability, property damage, and workers' compensation insurance or self-insurance. The Grantee is responsible for ensuring that all precautions are exercised at all times for the protection of all persons and property. The Grantee shall secure all necessary certificates and permits from municipal or other public authorities and comply with all national, state, and municipal laws, ordinances, and regulations as may be required in connection with the performance of this Grant Agreement. 9. Limitation of Liability The State of Michigan, the Michigan Strategic Fund and the Council, and their organizational units, officers, agents, and employees shall not be liable to the Grantee, nor to any individuals or entity with whom the Grantee contracts, for any direct, indirect, incidental, consequential or other damages incurred as a result of activities, actions or inactions on the part of the Grantee for services rendered pursuant to this Grant Agreement resulting in litigation; from the Council's decision not to make payment to the Grantee pursuant to Section 5; or from termination of this Grant Agreement pursuant to Section 7. Any liability resulting from activities, actions or inactions engaged in by the Grantee under this Grant Agreement shall be the sole responsibility of the Grantee. Any liability resulting from activities, actions or inactions engaged in by individuals or entities with whom the Grantee contracts shall be the sole responsibility of the subgrantee or as otherwise specified in a subgrant agreement between the Grantee and the subgrantee; however, under no circumstances shall the State, the Michigan Strategic Fund or the Council, and their organizational units, officers, agents and employees be liable for the activities of the Grantee or any subgrantee. Neither party will indemnify the other party in any litigation that may arise from the performance of this Grant Agreement or any subgrant agreement executed to fulfill this Grant Agreement. This section shall not be construed as a waiver of governmental immunity. Grant Agreement for Arts Services Control #: 11RR0023SV, Page 3 10. Third Party Beneficiary This Grant Agreement is not intended to make any person or entity not a party to this Grant Agreement a third-party beneficiary of this Grant Agreement or to confer on a third party any rights or obligations enforceable in their favor. 11 Support Credit The Grantee shall prominently display the Council's name and logo in printed materials associated with the grant and include support credit in each broadcast promotion as follows: 'This activity is supported in part by an award from MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS'. When no printed material is used, verbal acknowledgment shall be given prior to or at the beginning of each presentation. The Grantee shall transmit copies of printing, photographs, advertising and program materials prepared for this activity to the Council. 12. Accounting The Grantee shall maintain appropriate documents, journals, ledgers and statements in accordance with generally accepted accounting practices, retain these records for a period of not less than 4 years from the date of completion of the final report prepared pursuant to Section 16, and make these documents available for examination and audit by appropriate agents of the State and/or Federal Government. Grantee shall use cost accounting principles which comply with Federal requirements as set forth in Federal OMB Circular A-122, 'Cost Principles for Nonprofit Organizations' or OMB Circular A-21, 'Cost Principles for Educational Institutions' or OMB Circular A-87, 'Cost Principles for State and Local Governments', whichever applies. 13. Administrative Requirements Grantee shall comply with the applicable administrative requirements for grants-in-aid as set forth in Federal OMB Circular A-102, 'Uniform Administrative Requirements for Grants-in-Aid and Local Governments' or OMB Circular A- 110, 'Grants and Agreements with Institutions of Higher Education, Hospitals and other nonprofit Organizations' and applicable sections of Federal OMB Circular A-133, 'Audits of State and Local Governments'. 14. Equal Opportunity Grantee certifies compliance with Executive Order 79-4, the Elliott-Larsen Civil Rights Act, 1976 PA 453, MCL 372.101 et seq., and all other pertinent federal, state and local fair employment practices and equal opportunity laws. The Grantee covenants not to discriminate against any employee or applicant for employment, to be employed when services under this Grant agreement are undertaken, with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, on the grounds of race, color, religion, national origin, age, sex or disability, or to exclude any person from participation in, deny any person the benefits of, or discriminate any person due to the above-listed grounds with respect to any program or activity funded in whole or part under this Grant Agreement. The Grantee agrees to include the aforementioned covenant in every contract or subgrant entered into by the Grantee to effectuate this Grant Agreement. Grantee certifies that there are established policies to provide equal opportunity to participate in and benefit from all programs, activities and services and equal employment opportunities; and agrees to state in all promotional materials, advertisements, and recruiting materials its equal opportunity policies. 15. Fair Labor Standards All professional performers and related or supporting professionals employed on projects or in productions which are financed in whole or in part under this Grant Agreement will be paid, without deduction or rebate on any account, not less than the minimum compensation determined by the Secretary of Labor to be the prevailing minimum compensation for persons employed in similar activities. Furthermore, no part of any project or production which is financed in whole or in part under this grant agreement will be implemented under working conditions which are unsanitary, hazardous or dangerous to the health and safety of those involved. Compliance with the safety and sanitary laws of the state in which the activity or part thereof takes place shall be prima facie evidence of compliance. The Council may terminate this Grant Agreement if the name of the Grantee or any contractor, manufacturer or supplier of the Grantee appears in the register compiled by the Michigan Department of Energy, Labor and Economic Growth pursuant to the State Contracts with Certain Employers Prohibited Act, 1980 PA 278, MCL 423.321 et seq. John M. Bracey Executive Director Date: March 15,2011 Bill Bullard, Jr Chairperson Date: Grant Agreement for Arts Services Control #: 11RR0023SV, Page 4 16. Reports - - The Grantee shall furnish the following report or reports to the Council: (a) A final report covering the grant period, which is due within 30 days after the end of the grant period. The final report shall indicate at least the following: (i) Project revenues and expenditures, including grant matching fund amounts; (ii) Number of patrons attracted or benefiting during the grant period; and (iii) A narrative summary of the project and its outcome. Failure to submit the above-described reports in a timely manner may void Grantee's claim to funds under this Grant Agreement. 17. Reviews and Evaluations In order to provide members of the Council, appropriate Council evaluators and staff an opportunity to appraise the nature and caliber of activities supported by Council funds, Grantee agrees to admit those individuals to activities without charge and to cooporate with in-depth reviews and evaluations as may be required. 18. Other Certifications The Grantee certifies, by signature to this Grant Agreement, that neither he/she/it nor any principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the grant by any federal department or agency. If the Grantee is unable to certify to any portion of this statement, the Grantee shall attach to this Grant Agreement an explanation of the reason. 19. Governance This Grant Agreement is governed by the laws of the State of Michigan and supersedes all prior agreements, documents and representations between the Council and the Grantee, whether expressed, implied, oral or otherwise. This Grant Agreement constitutes the entire agreement between the parties and may not be amended, except by written instrument executed by both parties prior to the termination date set forth in Section 2. No party to this Grant Agreement may assign this Grant Agreement or any of his/her/its rights, interest or obligations hereunder without prior consent of the other party. The Grantee agrees to inform the Council in writing immediately of any proposed changes of dates, budget or services indicated in this Grant Agreement, as well as changes of address or personnel affecting this Grant Agreement. Changes in dates, budget or services are subject to the Council's approval. If any provision of this Grant Agreement is deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid. 20. Counterparts This Grant Agreement may be executed in one or more counterparts and transmitted by facsimile, email, pdf or other electronic means, each of which shall constitute an original, and all of which together shall constitute one and the same instrument. MICHIGAN STRAIEGIC FUND MI COUNCIL FOR ARTS AND CULTURAL AFFAIRS Oakland County FISCAL NOTE #11132 July 6,2011 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE & FILM - FY 2011 REGIONAL REGRANTING ADMINISTRATIVE SERVICES PROGRAM GRANT ACCEPTANCE - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Council for Arts and Cultural Affairs has awarded Oakland County $6,200 for administrative services relating to its Regional Re-granting Services Program for Fiscal Year 2011. 2, The funding period is October 1, 2010 through September 30, 2011. 3. Local In-Kind Match in the amount of $6,200 consisting of salary costs is required on a dollar-for-dollar basis and is available in the FY 2011 Economic Development & Community Affairs/Arts, Culture & Film General Fund Budget. 4. The award of $6,200 is also reflected in the FY 2011 Special Revenue Budget 5. No budget amendments are required. FINANCE COMMITTEE FIN. CE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #11132 July 6, 2011 Moved by Middleton supported by Covey the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on July 6, 2011, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 6th day of July, 2011. ELUL eul_c__,G,/ (94. Bill Bullard Jr., Oakland County