HomeMy WebLinkAboutResolutions - 2012.08.01 - 20457MISCELLANEOUS RESOLUTION #12196 August 1, 2012
BY: Planning and Building Committee, David Potts, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE
& FILM — FY 2012 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
2012; 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 $6,200 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 2012 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 Nuccio absent.
Kristie Zamora
From: Piir, Gala <piirg@oakgov.com >
Sent: Tuesday, July 17, 2012 11:54 AM
To: 'Zamora, Kristie'; 'Tinsley, Monica'
Subject: GRANT REVIEW SIGN OFF - Arts, Culture & Film - FY 2012 Regional Regranting Services
- ADMINISTRATION - Grant Acceptance
Attachments: Grant Accept sign off pkg ADMIN.pdf
GRANT REVIEW SIGN OFF — Arts, Culture & Film
GRANT NAME: FY 2012 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: July 17, 2012
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 (7/11/2012)
Department of Human Resources:
Approved. — Karen Jones (7/11/2012)
Risk Management and Safety:
Approved by Risk Management. — Andrea Plotkowski (7/17/2012)
Corporation Counsel:
There are no outstanding legal issues.
Please note the following:
1. The first two dates for grant payments and compliance have long since passed. The State will not revise the dates.
2. Subgrants must include the specific language in section 14 concerning fair employment practices and in Section 15
concerning fair labor standards. —Joellen Shortley (7/16/2012)
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.
Michigan History, Arts and Libraries Act - Act 63 of 2001
http://www.legislature.mi.gov/(S(q4b5x1roOdqycp45zodsnsb3))/mileg.aspx?page=MclAdvancedSearch
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://www.legislature.mi.gov/(up3lxgeltmri5z55z2uiwv45)/mileg.aspx?page=getobiect&objectname=mcl-Act-453-of-
197681.q ue ryid =14718540
Michigan State Contracts with Certain Employers Prohibited — Act 278 of 1980
http://www.legislature.mi.gov/Nealragy4unclgbvh10s21355))/rnileg.aspx?page=getObject8tobjectName=mcl-Act-278-
of-1980
Gala V. Piir
Grant Compliance and Programs Coordinator
Oakland County Fiscal Services Division
Phone (248) 858-1037
Fax (248) 858-9724
piirg@oakgov.com
2
MCA 5 (02/11)
state std ety
Michigan Strategic Fund CFDA No. 45.025
MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS
1.
GRANT AGREEMENT FOR ARTS SERVICES
Control # : 12RR0035SV
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 October 26, 201 1 and mutually agree as follows:
•Authority
This Grant Agreement is executed under authority of See. 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, 2011 and extend to September 30, 2012, unless prior
termination is effectuated by the Council pursuant to Section 7.
3. Project(s) Funded
Beginning on October 1, 2011, Grantee shall:
Represent the Council as the contact agent and facilitator of its Regional Regranting Minigrant Program for Region 2;
'county of Oakland, 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 2012 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 net 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 gram Proceeds in such event.
4. Category Specification
The Grantee is eligible for this grant in the Regional Regranting category.
Terms and Conditions of Payment
The Council shall pay the Grantee an amount not to exceed 56,200 on the following dates and in the following amounts,
subject to the Grantee's compliance with this Grant Agreement. The Council, in its sole diseretion ; 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:
$3,720.00 12/15/2011 Upon processing of signed agreement
$1,550.00 4/16/2012
• $930,00 12/3012012 Upon council approval of final report due 11-30-2012 . .
Grant Agreement for Arts Services
Control /1: 12RR0035SV, 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 Adininistrative 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 uovernment 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 inininniln, 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,
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.
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
'rhe 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 subg,rant agreement between the Grantee and the subgrantee; however, under no circumstances shall the
State, thelvtichigan 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 8: 12RR0035SV, Page 3
O. 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 fiSr 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-I33, 'Audits of State and Local Govenunents'.
• 14. _Equal Opportunity
Grantee certifies compliance with Executive Order 79-4, the Elliott-Larsen Civil Rights Act, 1976 PA 4,53, 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, manufaeturer 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, MCI. 423.321 et seq.
Grant Agreement for Arts Services
Control #; 12RR0035SV, 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 STRATEGIC FUND
M1 COUNCIL FOR ARTS AND CULTURAL AFFAIRS
Oakland County
John M. 13racey Michael I, Gingell
-Executive Director Chairperson
Date: October 26. 29.11_, Date:
FISCAL NOTE .(MISC. #12196) August 1,2012
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY
AFFAIRS/ARTS, CULTURE & FILM — FY 2012 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 2012.
2. The funding period is October 1, 2011 through September 30, 2012.
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 2012 Economic
Development & Community Affairs/Arts, Culture & Film General Fund Budget.
4. No budget amendments are required for FY 2012.
5. The award has been included in the County Executive Recommended Budget for
FY 2013— FY 2015.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Long and Quarles
absent.
Resolution #12196 August 1, 2012
Moved by Weipert supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Bosnic. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
(;)--
I HEREBY APPROVE THIESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
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 1,
2012, 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 1 st day of August, 2012.
F,LLE. ()et.
Bill Bullard Jr., Oakland County