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HomeMy WebLinkAboutResolutions - 2011.08.18 - 18681MISCELLANEOUS RESOLUTION #111 August 18, 2011 BY: General Goverment Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN'S VILLAGE DIVISION — FY 2011 MICHIGAN COUNCIL FOR 'TS AND CULTURAL' AFFAIRS REGIONAL MINI-GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Michigan Council for Arts and Cultural Affairs, as administered by the Council's Region 2 Regranter, Oakland County Arts, Culture and Film, has awarded the Oakland County Children's Village Division funding in the amount of $4000.00; and WHEREAS this amount will fund quality hands-on art opportunities, conducted in a professional art studio, to under-served children and youth residing at Oakland County Children's Village; and WHEREAS this project consists of a partnership between Birmingham Bloomfield Art Center and Oakland County Children's Village; and WHEREAS the "Art for All Kids" program will consist of 2-hour, twice-weekly studio classes for a period of 20 weeks; and WHEREAS this funding is for the period of February 1, 2011 through September 30, 2011; and WHEREAS the award acceptance has been submitted through the County Executive Review Process and is recommended for approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts the Michigan Council for Arts and Cultural Affairs FY 2011 Regional Mini-Grant Agreement. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement, any changes and extensions to the agreement not to exceed fifteen percent (15%), which is consistent with the agreement as originally approved. BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the level of funding for this program. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE. , v ; GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Crawford and H.atchett absent. dl WHERE PEOPLE &TFCHNOLOGY PROSPER dr" Oakland County ivitchgan Arts, Culture & Film Patricia Lahar Oakland County Children's Village 1200 N. Telegraph Road, 34 E Pontiac MI 48341 Dear Pat, I am pleased to inform you that your application to the FY11 MCACA Regional Regranting Minigrants - Region 2 was included among those recommended to receive support. Grant ft 11RR24RG — 108 Award: $4000 You will receive your grant contract in a separate mailing. It is important to carefully read the material and follow instructions to affirm you acceptance of the grant and to expedite the contracting process. • Enclosed along with this notification letter is the Minigrant Grantee Information form. Please review the information and make any necessary changes. Make two copies - retain one copy for your records and return the original + one copy to me. • All promotional materials for the funded project must incorporate the logos for MCACA and Oakland County. The logos may be downloaded from www.artsoakland.com . • You are also required to notify your local legislators that you have receive this award. A copy of this correspondence must be submitted with your contract for payment of your award. Congratulations on your organizations award! On behalf of Oakland County and the panel, I extend you best wishes for the success of your project Sincerely, Kristie Everett Zamora Coordinator enclosure L. Brooks Patterson, Oakland County Executive • 2100 Pontiac Lake Rd., Bldg. 41W I Waterford, MI 48328-0414 (248) 858-0415 Fax: (248) 452-2039 www.artsoakland.com Contract Number: 11 RR 24 RG - 108 CONTRACT FOR ART SERVICES This Contract is made on June 3, 2011 between Oakland County Office of Arts, Culture & Film, a regranting agency for the Michigan Council for Arts and Cultural Affairs ("Regranter"), 1200 North Telegraph Road, Pontiac, MI 48341, and OAKLAND COUNTY CHILDREN'S VILLAGE ("Contractor"), 1200 North Telegraph Road — 63 West, Pontiac MI 48341-0444 agree to the following: 1. The Parties acknowledge that the Regranter has no funds to disburse except those it receives from the Michigan Council for Arts and Cultural Affairs, and the regranting of funds to the Contractor as provided herein is completely contingent upon receipt of such funds from the Michigan Council for Arts and Cultural Affairs. Further, this Contract is subject to any terms or conditions set by the Michigan Council for Arts and Cultural Affairs. 2. CONTRACT TERM. This Contract shall terminate on September 30, 2011, unless terminated earlier as set forth in this Contract. SERVICES. Contractor shall provide the following Art beginning February 1, 2011: Art for All Kids - The Birmingham Bloomfield Art Center's Studio 1 outreach program will partner with Oakland County Children's Village to provide quality, hand-on art opportunities in a professional art studio. The program will run Feb. 1 through Sept. 30, and consist of 2-hour, twice-weekly studio classes. 4. TERMS AND CONDITIONS OF PAYMENT. Regranter shall pay Contractor an amount not to exceed $4,000. Payment of such amount, is subject to and conditioned upon Contractor's compliance with the terms and conditions set forth in this Contract and Regranter's receipt of monies from the Michigan Council for Arts and Cultural Affairs. The Regranter, in its sole discretion, shall determine whether the Contractor has fulfilled these conditions. In the event the Regranter determines that the Contractor has failed to comply with any of the conditions, the Contractor shall not be entitled to, nor shall the Regranter be liable for, payment of any monies under this Contract. If the project/services provided under this Contract produces material, which could be copyrighted, the copyright must reside with the author. The Michigan Council for Arts and Cultural Affairs and the Regranter reserve the right to use the copyrighted work for Council and Regranter purposes without the obligation to pay royalties to the owner. If the Contractor is NOT an arts or cultural organization and the project/services provided under this Contract make a profit, the surplus (up to the grant amount) must be returned to the Michigan Council for Arts and Cultural Affairs through the Regranter. Payment shall be when Regranter receives payment from the Michigan Council for Arts and Cultural Affairs and upon Regranter's receipt of a signed Contract from Contractor. 5. TERMINATION OF CONTRACT BY THE REGRANTER: Notwithstanding any other provision, this Contract may be terminated by the Regranter, for any reason, upon the mailing of a five (5) days written notice to the Contractor. This Contract shall terminate immediately if the Legislature fails to appropriate funds or an Executive Order reduces or eliminates funding for these services. 6. LIMITATION OF LIABILITY. The Regra.nter shall not be liable to the Contractor, its subcontractors, and/or its agents for any direct, indirect, incidental, consequential, or other damages sustained or incurred as a result of activities, actions, or inactions on the part of the Contractor, its subcontractors, and/or its agents for services rendered pursuant to this Contract. Any liability resulting from the activities engaged in the by the Contractor shall be the sole responsibility of the Contractor. Contractor agrees to hold the Reganter, Michigan Council for the Arts, the County of Oakland, and the State of Michigan harmless in the event of any judgment incurred as a result of the activities described herein. 7. THI ' i PARTIES. This Contract is not intended to make any person or entity not a party to this Contract a third-party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor. 8. PROMOTION. Contractor agrees to prominently display Regranter's name and logo and the Michigan Council for Arts and Cultural Affairs' name and logo in printed materials and to include support credit in broadcast promotion, as follows: "This activity is supported by the Michigan Council for Arts and Oakland County Office of Arts, Culture & Film." When no printed material is used, verbal acknowledgement shall be given before each presentation. Copies of printing, photographs advertising, and program materials prepared for this activity must be forwarded to the Regranter. 9. ACCOUNTING. Contractor agrees to maintain appropriate documents, journals, ledgers, and statements in accordance with generally accepted accounting practice; to retain these records for a period of not less than four (4) years from the date of the final report; and to make this accounting available for audit by appropriate agents of the Regranter and of the State of Michigan and/or Federal Government. 10. REPORTS. In addition to requirements set forth in Sections 3 and 4 above, the Contractor shall submit to the Reg-ranter a financial statement of expenditures and report of activities in a format prescribed by the Reg-ranter upon completion of the service period, but no later than THIRTY (30) DAYS following the termination date in Section 2 above. Failure to submit this report in a timely manner may void Contractor's claim to funds provided herein. Contractor shall admit Regranter's staff, members, and/or evaluators to activities without charge and shall cooperate with in-depth reviews and evaluations as may be required, so Regranter may properly appraise the nature and caliber of activities performed by Contractor. 11 EQUAL OPPORTUNITY. Contractor certifies compliance with Executive Order 79-4, the Elliott-Larsen Civil Rights Act, and all other pertinent State, Federal and local fair employment practices and equal opportunity laws. Contractor covenants not to discriminate against any employee or applicant for employment, to be employed when services under this Contract 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, 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 Contract. 12. 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, no 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 Contract will be implemented under working conditions which are unsanitary, hazardous or dangerous to the health and safety of those involved. 13. ENTIRE CONTRACT. This Contract is governed by the laws of the State of Michigan and supersedes all prior agreements, documents, and representations between the Regranter and the Contractor, whether expressed, implied, or oral. This Contract constitutes the entire agreement between the Parties herein and may not be amended or assigned except by written instrument executed by both Parties before the termination date set forth in Section 2 above. The Contractor agrees to inform the Regranter in writing immediately of any proposed changes of dates or services indicated in Section 4 as well as changes of address or personnel affecting this Contract. If any provision of this Contract shall be deemed void or unenforceable, the remainder of the Contract shall still be valid. Oalcland County Office of Arts, Culture & Film Region 2 Regranting Agency for the Michigan Council for Arts and Cultural Affairs Kristie Everett Zamora Type name of Regranter Representative Signature of Regranter Representative Type Name of Contractor Authorized Representative Signature of Contractor Authorized Representative Date 2°02-0800revisedarts erivecontract Patricia Lahar From: Sent: To: Subject: Attachments: Piir, Gaia <piirg©oakgov.com > Tuesday, July 26, 2011 2:15 PM 'Lahar, Patricia', 'Overall, Joanna'; 'Pisacreta, Antonio' GRANT REVIEW SIGN OFF - Children's Village - FY 2011 Regional Mini-Grant Program - Grant Acceptance Grant Accept sign off pkg.pdf GRANT REVIEW SIGN OFF — Children's Village GRANT NAME: FY 2011 Regional Mini-Grant Program FUNDING AGENCY: State of Michigan, Michigan Council for Arts and Cultural Affairs; administered by the Council's Region 2 Regranter, Oakland County Arts, Culture and Film DEPARTMENT CONTACT PERSON: Patricia Lahar 248-85841.62 STATUS: Grant Acceptance DATE: July 26, 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 (7/14/2011) Department of Human Resources: Approved. — Karen Jones (7/14/2011) Risk Management and Safety: Approved by Risk Management. — Andrea Plotkowski (7/19/2011) Corporation Counsel: I have reviewed the grant and I approve. — Bradley G. Benn (7/22/2011) COMPLIANCE Michigan Executive Order 79-4 "Equal Opportunity Standards in State and Federal Contracts." Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://www.legislature.rni.gov/(ug3lxgeltmri5z55z2uiwv45)/mileg.aspx?_page=getobject&objectname=mcl-Act-453- of-19768duervid=14718540 1 Gaia V. Piir Grants Compliance and Programs Coordinator Oakland County Fiscal Services bivision Phone (248) 858-1037 Fax (248) 858-9724 oakovcom 2 GRANT REVIEW FORM MEM, ISOMMISEAMIUMBIE TO: REVIEW DEPARTMENTS – Laurie Van Pelt – Cathy Shallal – Julie Secontine – Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE – Oakland County Children's Village— Health and Human Services 2011 FY 2011 Regional Mini-Grant Program State of Michigan, Michigan Council for Arts and Cultural Affairs; administered by the Council's Region 2 Regranter, Oakland County Arts, Culture and Film Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: GRANT INFORMATION Date: 7-12-11 Operating Department: Oakland County Children's Village Department Contact: Patricia Lahar Contact Phone: 248-858-1162 Document Identification Number: 11RR24RG - 108 REVIEW STATUS: Acceptance Funding Period: February 1, 2011 through September 30, 2011 New Facility / Additional Office Space Needs: No IT Resources (New Computer Hardware / Software Needs or Purchases): No M/VVBE Requirements: Yes Funding Continuation/New: Continuation Application Total Project Amount: $9040 Prior Year Total Funding: $4000 New Grant Funded Positions Request: 0 Changes to Current Positions: None Grantor Funds: $4000 Total Budget: $9040 Match and Source: $5040: cash from private foundations and in-kind from Birmingham Bloomfield Art Center. PROJECT SYNOPSIS The grant project consists of a partnership between Birmingham Bloomfield Art Center (BBAC) and Oakland County Children's Village to provide quality hands-on art opportunities, conducted in a professional art studio, to under-served children and youth. Art therapists and experienced arts instructors from the BBAC will provide quality art experiences based on the children's interests, needs and skill level. The project aims to build self-confidence and self-esteem within each youth, as well as respect for their peers and community. $4,000 $4 000 FISCAL NOTE (MISC. 1111178) August 18, 2011 BY: FINANCE COMiVii TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN'S VILLAGE DIVISION — FY2011 MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS REGIONAL MINI-GRANT ACCEPTANCE 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 Children's Village $4,000 to help fund quality hands-on art opportunities in a professional art studio with a grant match and source from Birmingham Bloomfield Art Center in the amount of $5,040 for a total of $9,040 in funding for this program. 2. The program, known as "The Art for All Kids", consists of a partnership between Birmingham Bloomfield Art Center and the Oakland County Children's Village, offering art classes in 2-hour sessions, twice a week, for a period of 20 weeks. 3. The $5,040 grant match from Birmingham Bloomfield Art Center is comprised of $200 from private foundation donations, along with in-kind support from the private art center, which includes one (1) artist-studio coordinator ($2,400), marketing expenses ($1,200), volunteer art therapy students ($680), and space rental ($560). 4. The grant award is funded through the Oakland County's Office of Arts, Culture, and Film's Arts Grant Fund (#29210), and a transfer in the amount of $4,000 will be made into the Children's Village Child Care Grants Fund (#28010) 5. The funding period is February 1, 2011 through September 30, 2011. 6. The Fiscal Year 2011 budget is amended as specified below: FY 2011 ART CULTURE AND FILM GRANT (Fund 29210) Budget Reference 2011 / GR0000000089 Expense 1090108-166000-731598 Regranting ($4,000) 1090108-166000-788001-28010Transfer Out to Child Care Grants 4,000 Total Expenses $ 0 CHILD CARE GRANTS (Fund 28010) Budget Reference 2011 / GR0000000580 Revenue 1060501-112090-695500-29210 Transfer In from Art Culture & Film Grant Total Revenues Expenses 1060501-112090-731458 1060501-112090-750476 Professional Services Recreational Supplies Total Expenses $2,000 2,000 $4.,000 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Crawford absent. Resolution #11178 August 18, 2011 Moved by Crawford supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash. Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic. (25) 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 August 18, 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 18 th day of August, 2011. p,a_E euP„a_4(,,,1 09,1 Bill Bullard Jr., Oakland County