HomeMy WebLinkAboutResolutions - 2013.12.12 - 21126MISCELLANEOUS RESOLUTION #13310 December 12, 2013
BY: Planning and Building Committee, Jim Runestad, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - ARTS,
CULTURE & FILM — FY 2014 REGIONAL REGRANTING SERVICES — REGRANTING - GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County $29,000 for
its Regional Re-granting Services Program for Fiscal Year 2014; 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 the FY 2014 Regional Regranting Services grant award is $2,700 less than the FY 2013
award; and
WHEREAS no County Match is required for the grant award; 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 2014 Regional Re-granting Services Program Grant Agreement with the Michigan Council for
Arts and Cultural Affairs in the amount of $29,000.
BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is
authorized to execute said agreement.
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 roil call vote with Gosselin and Woodward absent.
Kristie Zamora
From:
Sent:
To:
Subject:
Attachments:
West, Catherine <westca@oakgov.com >
Tuesday, November 19, 2013 1:35 PM
Zamora, Kristie; tinsleym@oakgov.com
GRANT REVIEW SIGN OFF: Economic Development & Community Affairs - Arts, Culture
& Film - FY 2014 Regional Regranting Services - Regranting Funds - Grant Acceptance
Grant Acceptance Sign Off - Regranting Funds.pdf
GRANT REVIEW SIGN OFF — Arts, Culture & Film
GRANT NAME: FY 2014 Regional Regranting Services— REGRANTING
FUNDING AGENCY: Michigan Council for Arts and Cultural Affairs
DEPARTMENT CONTACT PERSON: Kristie Everett Zamora 8-0415
STATUS: Grant Acceptance
DATE: November 19, 2013
Pursuant to Misc. Resolution #13180, 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 cont
a
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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 (11/12/2013)
Department of Human Resources:
Approved. — Karen Jones (11/12/2013)
Risk Management and Safety:
Approved by Risk Management. — Robert Erlenbeck (11/12/2013)
Corporation Counsel:
There are no outstanding legal issues with the two grants from the Michigan Council for the Arts and Cultural Affairs.
14RR0036RG $29,000 and 14RR0035SV $10,400. —Joellen Shortley (11/19/2013)
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(04b5x1roOdqvcb45zodsnsb3))/mileg,asbx?page=MclAdvancedSearch
1
National Endowment of the Arts - 20 USC 954
http://uscode.house.gov/view.xhtml?req={title:20 section:954 edition:prelim)
Federal Office of Management and Budget (OMB) Circular No. A-87, A402, and A-133
http://www.whitehouse.govfomb/circularstindex.html
Michigan Elliott-Larsen Civil Rights Act — Act 453 of 1976
http://www.legislature.m i.govnuo3lxgeltmri5z55z2uiwv45)/m ileg.aspx?page=geto b iect&oloiectn a me=m cl-Act-453-of-
1976&p ueryid=14718540
Michigan State Contracts with Certain Employers Prohibited — Act 278 of 1980
http://www.legislature.mi.gov/(5(ealracw4unclgbvh1.0s2135511/mileg.aspxThage=getObject&objectName=mcl-Act-278-
of-1980
Katie West
Oakland County Fiscal Services
Phone (248) 858-2384
Fax (248) 858-9724
westcapoakgov.com
Work Schedule: Monday — Thursday 7:00AM — 5:30PM
2
MCA 5 (10/13)
Michigan Strategic Fund CFDA No. 45.025
fed std cty MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS
GRANT AGREEMENT FOR ARTS SERVICES
Control #: 14RR0036RG
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 8, 2013 and mutually agree as follows:
1 Authority
This Grant Agreement is executed under authority of Sec. 11(6) of the History, Arts and Libraries Act, 2001 PA 63, MCL
399311; Sec. 1035 of 2013 PA 59; and 20 USC 954(g).
2. Grant Agreement Period
The period of this Grant Agreement shall be from October 1, 2013 and extend to September 30, 2014, unless prior
termination is effectuated by the Council pursuant to Section 7.
3. Project(s) Funded
Beginning on October 1,2013, Grantee shall:
Provide grant awards to eligible Michigan non-profit applicants in Regional Regranting Region 2, whose projects meet
MCACA's Minigrant guideline requirements and are approved by the regranting agency for funding up to $4,000 on a
matching basis. Total award $29,000: $5,400 for professional development and $23,600 for arts projects, 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.
Of the amount provided herein, $6,125 are federal funds provided to the Council by the National Endowment for the Arts.
All grantees or subgrantees must comply with all Federal laws, rules, regulations and OMB circulars that apply to Arts
Endowment organizational award recipients, as well as, the General Terms and Conditions for Grants and Cooperative
Agreements to Organizations.
Grantee shall comply with all financial and other requirements as outlined in the 2014 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 $29,000 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:
$29,000.00 11/15/2013
$0.00 12/30/2014
Upon processing of signed agreement and copies of legislative notifications
Upon council approval of final report as stipulated in 14RR0035SV
Grant Agreement for Arts Services
Control #: 14RR0036RG, 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 #: 14RR0036RG, 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 and the NATIONAL ENDOWMENT FOR THE ARTS.'
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 at 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.
Grant Agreement for Arts Services
Control #: 14RR0036RG, 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 o f 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
MI COUNCIL FOR ARTS AND CULTURAL AFFAIRS
Oakland County
John M. Bracey Michael J. Gingell
Executive Director Chairperson
Date: October 8.2013 Date:
Kristie Zamora
From: Sue Carlson <carlsons@michigan.org >
Sent: Monday, October 07, 2013 9:54 AM
To: zamorak@oakgov.com
Subject: FY 2014 MCACA Grant Award
October 7,2013
Michael J. Gingen, Chairperson
Oakland County
1200 North Telegraph Road
Pontiac, MI 48341-0409
Dear Mr. Gingell:
The Michigan Council for Arts and Cultural Affairs recently took action on grant requests for fiscal year 2014. I am pleased to
inform you that your application was included among those recommended to receive support. On behalf of the Council, I
congratulate you on your grant award, as referenced below:
14RR0036RG $29,000 Regional Regranting Region 2
Governor Rick Snyder and the Michigan Legislature appropriated approximately $7.7 million to MCACA for arts and cultural
grants. These grants benefit the citizens of our state by supporting arts and culture as a catalyst for community revitalization and
economic development, quality of life and by supporting arts education.
You will receive your grant contract in a separate e-mail. It is important that you carefully read the material and follow
instructions to affirm your acceptance of the grant and to expedite the contracting process.
Please note, in addition to acknowledging the MCACA grant in your promotional materials etc., if there are federal dollars from
the National Endowment for the Arts (NBA) included as part of your grant award, proper acknowledgement of the NBA is
required. To find out if you are receiving NBA funds look in Section 3 of your grant agreement.
Before we are able to pay out any grant monies, you are required to return your signed grant agreement and a copy of the letter
(or email etc.) you used to notify your local legislators that you have received this award. In addition, any fiscal year 2013 grants
received by your organization need to be closed out prior to receiving funding for 2014 grants.
If you have questions, please feel free to contact me or at 517/241-3972 or our staff at 517/241-4011.
It is very gratifying to the Council to make these awards. Together we will continue to work to assist your organizations in
providing access for all the citizens of Michigan to your excellent services, programs, projects.
Again, I congratulate you on your award and thank you for continuing your important work in making quality arts and cultural
offerings available to our many citizens and visitors.
Sincerely,
John Bracey, Executive Director
Michigan Council for Arts and Cultural Affairs
300 N. Washington Square
Lansing, MI 48913
BraceyJtMichigan.org
FISCAL NOTE (MISC . #13310) December 12, 2013
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS -
ARTS, CULTURE & FILM — FY 2014 REGIONAL REGRANTING SERVICES —
REGRANTING - 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
$29,000 for its Regional Re-granting Services Program for FY 2014.
2. The FY 2014 grant award is $2,700 less than the FY 2013 grant award.
3. The funding period is October 1, 2013 through September 30, 2014.
4. No County Match is required for the Regional Re-granting Services Program.
5. FY 2014 Budget Amendment is recommended as follows:
Fund #29210
Revenue
1090108-166000-615255 Art Council
Total Revenue
Expenditure
1090108-166000-731598 Regranting Program
Total Expenditure
FY 2014
($2,700)
($2,700)
($2,700)
($2,700)
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Scott and Matis absent.
Resolution #13310 December 12, 2013
Moved by Spisz supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton,
Quarles, Runestad, Scott, Spisz, Taub, Weipert, Zack, Bosnic, Crawford. (18)
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).
2,6p P 64 3
HERESY APPROVE TI-41S RESOLUTION
CHIEF DEPUTY COUNTY Ex(cisnvE
ACTING PURSUANT TO MCL 45$59A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 December 12,
2013, 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 12th day of December 2013.
Lisa Brown, Oakland County