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HomeMy WebLinkAboutResolutions - 2000.05.18 - 26147May 18, 2000 MISCELLANEOUS RESOLUTION #00117 BY: GENERAL GOVERNMENT COMMITTEE, SHELLEY G. TAUB, CHAIRPERSON IN RE: COUNTY EXECUTIVE/ARTS, CULTURE & FILM - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS FY 2000 REGRANTING PROGRAM 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 $47,800 for FY 2000 for the Michigan Council for Arts and Cultural Affairs Regranting Program Grant; and WHEREAS $36,800 is awarded for redistribution to arts organizations and the balance of $11,000 is for administration costs incurred by the County; and WHEREAS no County match or additional positions are required; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2000 Michigan Council for Arts and Cultural Affairs Regranting Program Grant in the amount of $47,800 for the period October 1, 1999 through September 30, 2000. BE IT FURTHER RESOLVED that continuation of this program is contingent upon continued funding. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE General Government Committee Vote: Motion carried on unanimous roll call vote with Law and Patterson abs MCA 5 (12/99) MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS Michigan State Department of Consumer and Industry Services GRANT AGREEMENT FOR ARTS SERVICES Control # 00 RR 24 RG GRANT AGREEMENT made on 03/02/00 between the Michigan Council for Arts and Cultural Affairs, a state agency, hereinafter referred to as "Council," and OAKLAND COUNTY OFFICE OF ARTS, CULTURE AND FILM, hereinafter referred to as "Grantee," who hereby agree as follows: 1. GRANT AGREEMENT TERM This grant agreement shall terminate on 10/31/00, unless prior termination is effectuated by the Council pursuant to section 4 herein. 2. SERVICES Beginning on 10/01/99, Grantee shall: Provide grant awards to eligible Michigan non-profit applicants in Regional Regranting Region 2 who's projects meet MCACA's Min igrant Program guideline requirements and are approved by the regranting agency for funding up to $2,000 on a matching basis with no Council funding regranted between 10/01/00 and 10/31/00, as more specifically set forth in the grant application or revised grantee information form, which is incorporated herein by reference. Of the amount provided herein, $1,200 are federal funds provided to the Council by the National Endowment for the Arts. Grantee shall submit to the Council the date, time and location of any public activities conducted in connection with this grant agreement as far in advance of the activity as practical. Grantee shall comply with all financial and other requirements as outlined in the Fiscal Year 2000 Council Program Guidelines, which are incorporated herein by reference. The grantee is eligible for this grant in the Multicounty regional arts regranting and programming councils category. 3. TERMS AND CONDITIONS OF PAYMENT Council shall pay Grantee an amount not to exceed $36,800 on the following dates and in the following amounts, subject to and conditioned upon the Grantee's compliance with the terms and conditions set forth in this Grant agreement. The Council, in its sole discretion, shall determine whether the Grantee has fulfilled these conditions. In the event the Council determines that the Grantee has failed to comply with any of the requisite conditions, the Grantee shall not be entitled to, nor shall the Council be liable for, payment of any monies listed below: amount & date $ 1,200 03/23/00 $ 7,800 03/23/00 $ 27,800 05/15/00 stipulation Upon processing of signed agreement and receipt of Grantee Information Form, Grantee Activity Designator form and 2nd round applications. Upon processing of signed agreement and receipt of Grantee Information Form, Grantee Activity Designator form and 2nd round applications. Upon receipt of 3rd round applications, funding plan and list of reviewers. The above listed conditions must be met thirty days prior to the indicated payment date in order to provide Council adequate time to process scheduled payments. Failure to comply with these deadlines will delay payment or may cause termination of the grant agreement pursuant to section 5 herein. In the event the Legislature fails to appropriate funds or an Executive Order limits or eliminates the Council's ability to make payment, the Council shall be excused from and not be obliged to make such payment. The payment amounts set forth in this section shall, at a minimum, be matched on an equal dollar-for-dollar basis from local and private contributions paid and received by the Grantee. The dollar-for-dollar 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 match by the Council. The Council shall receive proof of the entire amount of the matching funds, services, materials, or equipment by the end of the award period. Grant Agreement for Arts Services Control # 00 RR 24 RG, Page 2 No member of the legislature of the State of Michigan or any individual employed by the State shall be permitted to share in this grant, or any benefit that arises therefrom. 4. REDISTRIBUTION PROHIBITION A grant awarded under this agreement and the matching funds which conferred eligibility for the grant shall be used by the Grantee and shall not be redistributed by the Grantee to any other entity unless specifically provided for in this Agreement. 5. TERMINATION OF GRANT AGREEMENT BY THE COUNCIL This grant agreement may be terminated by the Council for any reason upon five (5) days written notice to the Grantee. Upon termination, the Council shall have no further liability or obligation to make payments set forth in section 3. 6. GRANTEE'S LIABILITY The Grantee will provide and maintain during the term of this grant agreement public liability, property damage, and worker's compensation insurance insuring, as they may appear, the interests of all parties to this grant agreement. The Grantee is responsible for insuring 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. 7. LIMITATION OF LIABILITY The State of Michigan and the Council and their organizational units, officers, agents, and employees shall not be liable to the Grantee, or to any individuals or entities with whom the Grantee contracts 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 Grantee for services rendered pursuant to this grant agreement herein; from the Council's decision not to make payment to the Grantee pursuant to section 3 herein; or from termination of this grant agreement pursuant to section 5 herein. Any liability resulting from activities engaged in by the Grantee, or its subgrantee, shall be the sole responsibility of the Grantee. Grantee agrees to hold the State of Michigan and the Council and their organizational units, officers, agents, and employees harmless in the event of any judgement incurred as a result of the activities described herein. 8. THIRD PARTIES This grant agreement is not intended to make any person or entity not a party to this grant agreement a third-party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor. 9. PROMOTION Grantee agrees to prominently display Council 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 CULTURAL AFFAIRS." When no printed material is used, verbal acknowledgment shall be given prior to each presentation. Copies of printing, photographs, advertising and program materials prepared for this activity must be forwarded to the Council. 10. ACCOUNTING Grantee agrees to maintain appropriate documents, journals, ledgers and statements in accordance with generally accepted accounting practices, to retain these records for a period of not less than four years from the date of the fmal report as required by Section 14 herein, and to make these documents available for examination and audit by appropriate agents of the State and/or Federal Government. Grantee agrees to 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. 11. ADMINISTRATIVE REQUIREMENTS Grantee agrees to 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". Grant Agreement for Arts Services Control # 00 RR 24 RG, Page 3 12. EQUAL OPPORTUNITY Grantee certifies compliance with Executive Order 79-4 and pertinent State/Federal statutes providing equal opportunity for employment and provision of services. No person shall, on the grounds of race, color, religion, national origin, age, sex or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any grant agreement, program or activity funded in whole or part under 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; agrees to take steps necessary to correct any under representation and achieve a reasonably representative work force at all levels of employment; and in all promotional materials, advertisements, and recruiting materials to state their equal opportunity policies and to post notices setting forth the law on equal opportunity and said policies in conspicuous places. 13. FAIR LABOR STANDARDS Grantee agrees that 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, the Grantee agrees that 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. 14. REPORTS In addition to requirements which may be made in sections 2 and 3 above, Grantee agrees to submit to the Council a financial statement of expenditures and report of activities in a format prescribed by the Council upon completion of the service period, but no later than THIRTY DAYS following the termination date in section 1 above. Failure to submit this report in a timely manner may void Grantee's claim to funds provided herein. 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 said individuals to activities without charge and to cooperate with such in-depth reviews and evaluations as may be required. Counties, cities, villages, townships, community foundations, and organizations receiving funds under this grant agreement shall provide the following reports to the Council and to the regulatory subcommittees of the house and senate appropriations committees; (a) A final report covering the grant period, which is due within 30 days after the end of the grant period, which indicates at least the following: (i) Revenues and expenditures, indicating whether revenues are from private donations or fees; (ii) Number of employees; (iii) Number of new hires. (b) For Grantees receiving grants greater than $100,000, a copy of the Grantee's annual report and audit report for the fiscal year in which the majority of the grant took place which is due within 90 days after the end of the Grantee's fiscal year. The audit report shall include an audit of grant funds. These Grantees shall also submit the information in subdivision (a) on a quarterly basis for the immediately preceding quarter due on January 7, 2000, April 7, 2000, July 7, 2000, and October 7, 2000. 15. OTHER ASSURANCES The Grantee certifies, by signature to this grant, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this grant by any federal department or agency. If the Grantee is unable to certify to any portion of this statement, the Grantee shall attach an explanation of the reason to this grant. By: By: MICHIGAN COUNJAL FOR ARTS 614D CULTURAL AFFAIRS OAKLAND COI IINTY OFFICE OF ARTS, CULTURE AND FILM JO ' t MCCULLOCH Cha ' • erson Board of Comm. BETTY B E Executive Director Grant Agreement for Arts Services Control # 00 RR 24 RG, Page 4 16. ENTIRE GRANT AGREEMENT 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 or oral. This grant agreement constitutes the entire agreement between the parties herein and may not be amended except by written instrument executed by both parties prior to the termination date set forth in section 1 above. No party to this grant agreement may assign this grant agreement or any of his/her/its rights, interest, or obligations hereunder without the 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 herein as well as changes of address or personnel affecting this grant agreement. Changes in dates, budget or services are subject to approval of the Council. If any provision of this grant agreement shall be deemed void or unenforceable, the remainder of the grant agreement shall still be valid. MCA 5 (12/99) MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS Michigan State Department of Consumer and Industry Services GRANT AGREEMENT FOR ARTS SERVICES Control # 00 RR 24 RG GRANT AGREEMENT made on 03/02/00 between the Michigan Council for Arts and Cultural Affairs, a state agency, hereinafter referred to as "Council," and OAKLAND COUNTY OFFICE OF ARTS, CULTURE AND FILM, hereinafter referred to as "Grantee," who hereby agree as follows: I. GRANT AGREEMENT TERM This grant agreement shall terminate on 10/31/00, unless prior termination is effectuated by the Council pursuant to section 4 herein. 2. SERVICES Beginning on 10/01/99, Grantee shall: Provide grant awards to eligible Michigan non-profit applicants in Regional Regranting Region 2 who's projects meet MCACA's Minigrant Program guideline requirements and are approved by the regranting agency for funding up to $2,000 on a matching basis with no Council funding regranted between 10/01/00 and 10/31/00, as more specifically set forth in the grant application or revised grantee information form, which is incorporated herein by reference. Of the amount provided herein, $1,200 are federal funds provided to the Council by the National Endowment for the Arts. Grantee shall submit to the Council the date, time and location of any public activities conducted in connection with this grant agreement as far in advance of the activity as practical. Grantee shall comply with all financial and other requirements as outlined in the Fiscal Year 2000 Council Program Guidelines, which are incorporated herein by reference. The grantee is eligible for this grant in the Multicounty regional arts regranting and programming councils category. 3. TERMS AND CONDITIONS OF PAYMENT Council shall pay Grantee an amount not to exceed $36,800 on the following dates and in the following amounts, subject to and conditioned upon the Grantee's compliance with the terms and conditions set forth in this Grant agreement. The Council, in its sole discretion, shall determine whether the Grantee has fulfilled these conditions. In the event the Council determines that the Grantee has failed to comply with any of the requisite conditions, the Grantee shall not be entitled to, nor shall the Council be liable for, payment of any monies listed below: amount & date $ 1,200 03/23/00 $ 7,800 03/23/00 $ 27,800 05/15/00 stipulation Upon processing of signed agreement and receipt of Grantee Information Form, Grantee Activity Designator form and 2nd round applications. Upon processing of signed agreement and receipt of Grantee Information Form, Grantee Activity Designator form and 2nd round applications. Upon receipt of 3rd round applications, funding plan and list of reviewers. The above listed conditions must be met thirty days prior to the indicated payment date in order to provide Council adequate time to process scheduled payments. Failure to comply with these deadlines will delay payment or may cause termination of the grant agreement pursuant to section 5 herein. In the event the Legislature fails to appropriate funds or an Executive Order limits or eliminates the Council's ability to make payment, the Council shall be excused from and not be obliged to make such payment. The payment amounts set forth in this section shall, at a minimum, be matched on an equal dollar-for-dollar basis from local and private contributions paid and received by the Grantee. The dollar-for-dollar 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 match by the Council. The Council shall receive proof of the entire amount of the matching funds, services, materials, or equipment by the end of the award period. Grant Agreement for Arts Services Control # 00 RR 24 RG, Page 2 No member of the legislature of the State of Michigan or any individual employed by the State shall be permitted to share in this grant, or any benefit that arises therefrom. 4. REDISTRIBUTION PROHIBITION A grant awarded under this agreement and the matching funds which conferred eligibility for the grant shall be used by the Grantee and shall not be redistributed by the Grantee to any other entity unless specifically provided for in this Agreement. 5. TERMINATION OF GRANT AGREEMENT BY THE COUNCIL This grant agreement may be terminated by the Council for any reason upon five (5) days written notice to the Grantee. Upon termination, the Council shall have no further liability or obligation to make payments set forth in section 3. 6. GRANTEE'S LIABILITY The Grantee will provide and maintain during the term of this grant agreement public liability, property damage, and worker's compensation insurance insuring, as they may appear, the interests of all parties to this grant agreement. The Grantee is responsible for insuring 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. 7. LIMITATION OF LIABILITY The State of Michigan and the Council and their organizational units, officers, agents, and employees shall not be liable to the Grantee, or to any individuals or entities with whom the Grantee contracts 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 Grantee for services rendered pursuant to this grant agreement herein; from the Council's decision not to make payment to the Grantee pursuant to section 3 herein; or from termination of this grant agreement pursuant to section 5 herein. Any liability resulting from activities engaged in by the Grantee, or its subgrantee, shall be the sole responsibility of the Grantee. Grantee agrees to hold the State of Michigan and the Council and their organizational units, officers, agents, and employees harmless in the event of any judgement incurred as a result of the activities described herein. 8. THIRD PARTIES This grant agreement is not intended to make any person or entity not a party to this grant agreement a third-party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor. 9. PROMOTION Grantee agrees to prominently display Council 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 CULTURAL AFFAIRS." When no printed material is used, verbal acknowledgment shall be given prior to each presentation. Copies of printing, photographs, advertising and program materials prepared for this activity must be forwarded to the Council. 10. ACCOUNTING Grantee agrees to maintain appropriate documentsjournals, ledgers and statements in accordance with generally accepted accounting practices, to retain these records for a period of not less than four years from the date of the fmal report as required by Section 14 herein, and to make these documents available for examination and audit by appropriate agents of the State and/or Federal Government. Grantee agrees to 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. 11. ADMINISTRATIVE REQUIREMENTS Grantee agrees to 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". Grant Agreement for Arts Services Control # 00 RR 24 RG, Page 3 12. EQUAL OPPORTUNITY Grantee certifies compliance with Executive Order 79-4 and pertinent State/Federal statutes providing equal opportunity for employment and provision of services. No person shall, on the grounds of race, color, religion, national origin, age, sex or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any grant agreement, program or activity funded in whole or part under 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; agrees to take steps necessary to correct any under representation and achieve a reasonably representative work force at all levels of employment; and in all promotional materials, advertisements, and recruiting materials to state their equal opportunity policies and to post notices setting forth the law on equal opportunity and said policies in conspicuous places. 13. FAIR LABOR STANDARDS Grantee agrees that 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, the Grantee agrees that 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. 14. REPORTS In addition to requirements which may be made in sections 2 and 3 above, Grantee agrees to submit to the Council a financial statement of expenditures and report of activities in a format prescribed by the Council upon completion of the service period, but no later than THIRTY DAYS following the termination date in section 1 above. Failure to submit this report in a timely manner may void Grantee's claim to funds provided herein. 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 said individuals to activities without charge and to cooperate with such in-depth reviews and evaluations as may be required. Counties, cities, villages, townships, community foundations, and organizations receiving funds under this grant agreement shall provide the following reports to the Council and to the regulatory subcommittees of the house and senate appropriations committees; (a) A final report covering the grant period, which is due within 30 days after the end of the grant period, which indicates at least the following: (i) Revenues and expenditures, indicating whether revenues are from private donations or fees; (ii) Number of employees; (iii) Number of new hires. (b) For Grantees receiving grants greater than $100,000, a copy of the Grantee's annual report and audit report for the fiscal year in which the majority of the grant took place which is due within 90 days after the end of the Grantee's fiscal year. The audit report shall include an audit of grant funds. These Grantees shall also submit the information in subdivision (a) on a quarterly basis for the immediately preceding quarter due on January 7, 2000, April 7, 2000, July 7, 2000, and October 7, 2000. 15. OTHER ASSURANCES The Grantee certifies, by signature to this grant, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this grant by any federal department or agency. If the Grantee is unable to certify to any portion of this statement, the Grantee shall attach an explanation of the reason to this grant. By: MICHIGAN COUWL FOR ARTS ND CULTURAL AFFAIRS OAKLAND COUNTY OFFICE OF ARTS, CULTURE AND FILM By: BETTY BOON E Executive Director C irperson Board of Comm. e.rN MCCULLOCH Grant Agreement for Arts Services Control # 00 RR 24 RG, Page 4 16. ENTIRE GRANT AGREEMENT 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 or oral. This grant agreement constitutes the entire agreement between the parties herein and may not be amended except by written instrument executed by both parties prior to the termination date set forth in section 1 above. No party to this grant agreement may assign this grant agreement or any of his/her/its rights, interest, or obligations hereunder without the 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 herein as well as changes of address or personnel affecting this grant agreement. Changes in dates, budget or services are subject to approval of the Council. If any provision of this grant agreement shall be deemed void or unenforceable, the remainder of the grant agreement shall still be valid. MCA 5 (12/99) MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS Michigan State Department of Consumer and Industry Services GRANT AGREEMENT FOR ARTS SERVICES Control # 00 RR 24 RG GRANT AGREEMENT made on 03/02/00 between the Michigan Council for Arts and Cultural Affairs, a state agency, hereinafter referred to as "Council," and OAKLAND COUNTY OFFICE OF ARTS, CULTURE AND FILM, hereinafter referred to as "Grantee," who hereby agree as follows: 1. GRANT AGREEMENT TERM This grant agreement shall terminate on 10/31/00, unless prior termination is effectuated by the Council pursuant to section 4 herein. 2. SERVICES Beginning on 10/01/99, Grantee shall: Provide grant awards to eligible Michigan non-profit applicants in Regional Regranting Region 2 who's projects meet MCACA's Minigrant Program guideline requirements and are approved by the regranting agency for funding up to $2,000 on a matching basis with no Council funding regranted between 10/01/00 and 10/31/00, as more specifically set forth in the grant application or revised grantee information form, which is incorporated herein by reference. Of the amount provided herein, $1,200 are federal funds provided to the Council by the National Endowment for the Arts. Grantee shall submit to the Council the date, time and location of any public activities conducted in connection with this grant agreement as far in advance of the activity as practical. Grantee shall comply with all fmancial and other requirements as outlined in the Fiscal Year 2000 Council Program Guidelines, which are incorporated herein by reference. The grantee is eligible for this grant in the Multicounty regional arts regranting and programming councils category. 3. TERMS AND CONDITIONS OF PAYMENT Council shall pay Grantee an amount not to exceed $36,800 on the following dates and in the following amounts, subject to and conditioned upon the Grantee's compliance with the terms and conditions set forth in this Grant agreement. The Council, in its sole discretion, shall determine whether the Grantee has fulfilled these conditions. In the event the Council determines that the Grantee has failed to comply with any of the requisite conditions, the Grantee shall not be entitled to, nor shall the Council be liable for, payment of any monies listed below: amount & date $ 1,200 03/23/00 $ 7,800 03/23/00 $ 27,800 05/15/00 stipulation Upon processing of signed agreement and receipt of Grantee Information Form, Grantee Activity Designator form and 2nd round applications. Upon processing of signed agreement and receipt of Grantee Information Form, Grantee Activity Designator form and 2nd round applications. Upon receipt of 3rd round applications, funding plan and list of reviewers. The above listed conditions must be met thirty days prior to the indicated payment date in order to provide Council adequate time to process scheduled payments. Failure to comply with these deadlines will delay payment or may cause termination of the grant agreement pursuant to section 5 herein. In the event the Legislature fails to appropriate funds or an Executive Order limits or eliminates the Council's ability to make payment, the Council shall be excused from and not be obliged to make such payment. The payment amounts set forth in this section shall, at a minimum, be matched on an equal dollar-for-dollar basis from local and private contributions paid and received by the Grantee. The dollar-for-dollar 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 match by the Council. The Council shall receive proof of the entire amount of the matching funds, services, materials, or equipment by the end of the award period. Grant Agreement for Arts Services Control # 00 RR 24 RG, Page 2 No member of the legislature of the State of Michigan or any individual employed by the State shall be permitted to share in this grant, or any benefit that arises therefrom. 4. REDISTRIBUTION PROHIBITION A grant awarded under this agreement and the matching funds which conferred eligibility for the grant shall be used by the Grantee and shall not be redistributed by the Grantee to any other entity unless specifically provided for in this Agreement. 5. TERMINATION OF GRANT AGREEMENT BY THE COUNCIL This grant agreement may be terminated by the Council for any reason upon five (5) days written notice to the Grantee. Upon termination, the Council shall have no further liability or obligation to make payments set forth in section 3. 6. GRANTEE'S LIABILITY The Grantee will provide and maintain during the term of this grant agreement public liability, property damage, and worker's compensation insurance insuring, as they may appear, the interests of all parties to this grant agreement. The Grantee is responsible for insuring 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. 7. LIMITATION OF LIABILITY The State of Michigan and the Council and their organizational units, officers, agents, and employees shall not be liable to the Grantee, or to any individuals or entities with whom the Grantee contracts 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 Grantee for services rendered pursuant to this grant agreement herein; from the Council's decision not to make payment to the Grantee pursuant to section 3 herein; or from termination of this grant agreement pursuant to section 5 herein. Any liability resulting from activities engaged in by the Grantee, or its subgrantee, shall be the sole responsibility of the Grantee. Grantee agrees to hold the State of Michigan and the Council and their organizational units, officers, agents, and employees harmless in the event of any judgement incurred as a result of the activities described herein. 8. THIRD PARTIES This grant agreement is not intended to make any person or entity not a party to this grant agreement a third-party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor. 9. PROMOTION Grantee agrees to prominently display Council 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 CULTURAL AFFAIRS." When no printed material is used, verbal acknowledgment shall be given prior to each presentation. Copies of printing, photographs, advertising and program materials prepared for this activity must be forwarded to the Council. 10. ACCOUNTING Grantee agrees to maintain appropriate documents, journals, ledgers and statements in accordance with generally accepted accounting practices, to retain these records for a period of not less than four years from the date of the final report as required by Section 14 herein, and to make these documents available for examination and audit by appropriate agents of the State and/or Federal Government. Grantee agrees to 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. 11. ADMINISTRATIVE REQUIREMENTS Grantee agrees to 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". Grant Agreement for Arts Services Control # 00 RR 24 RG, Page 3 12. EQUAL OPPORTUNITY Grantee certifies compliance with Executive Order 79-4 and pertinent State/Federal statutes providing equal opportunity for employment and provision of services. No person shall, on the grounds of race, color, religion, national origin, age, sex or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any grant agreement, program or activity funded in whole or part under 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; agrees to take steps necessary to correct any under representation and achieve a reasonably representative work force at all levels of employment; and in all promotional materials, advertisements, and recruiting materials to state their equal opportunity policies and to post notices setting forth the law on equal opportunity and said policies in conspicuous places. 13. FAIR LABOR STANDARDS Grantee agrees that 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, the Grantee agrees that 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. 14. REPORTS In addition to requirements which may be made in sections 2 and 3 above, Grantee agrees to submit to the Council a financial statement of expenditures and report of activities in a format prescribed by the Council upon completion of the service period, but no later than THIRTY DAYS following the termination date in section 1 above. Failure to submit this report in a timely manner may void Grantee's claim to funds provided herein. 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 said individuals to activities without charge and to cooperate with such in-depth reviews and evaluations as may be required. Counties, cities, villages, townships, community foundations, and organizations receiving funds under this grant agreement shall provide the following reports to the Council and to the regulatory subcommittees of the house and senate appropriations committees; (a) A final report covering the grant period, which is due within 30 days after the end of the grant period, which indicates at least the following: (i) Revenues and expenditures, indicating whether revenues are from private donations or fees; (ii) Number of employees; (iii) Number of new hires. (b) For Grantees receiving grants greater than $100,000, a copy of the Grantee's annual report and audit report for the fiscal year in which the majority of the grant took place which is due within 90 days after the end of the Grantee's fiscal year. The audit report shall include an audit of grant funds. These Grantees shall also submit the information in subdivision (a) on a quarterly basis for the immediately preceding quarter due on January 7, 2000, April 7, 2000, July 7, 2000, and October 7, 2000. 15. OTHER ASSURANCES The Grantee certifies, by signature to this grant, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this grant by any federal department or agency. If the Grantee is unable to certify to any portion of this statement, the Grantee shall attach an explanation of the reason to this grant. MICHIGAN COUNVL FOR ARTS A AND FILM By: Executive Director CULTURAL AFFAIRS OAKLAND CQUIRY. OFFICE OfARTS, CULTURE By: JOHNNCCULLOCH Chairdetson Board of Comm. Grant Agreement for Arts Services Control # 00 RR 24 RG, Page 4 16. ENTIRE GRANT AGREEMENT 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 or oral. This grant agreement constitutes the entire agreement between the parties herein and may not be amended except by written instrument executed by both parties prior to the termination date set forth in section I above. No party to this grant agreement may assign this grant agreement or any of his/her/its rights, interest, or obligations hereunder without the 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 herein as well as changes of address or personnel affecting this grant agreement. Changes in dates, budget or services are subject to approval of the Council. If any provision of this grant agreement shall be deemed void or unenforceable, the remainder of the grant agreement shall still be valid. INSTRUCTIONS 1) Please make corrections, if any, with RED INK. 2) Sign and return within 30 days. If we do not receive this form, your grant award will be terminated. Total: PAID TO ARTISTS Nficingan Council for,ArtstitIsCultural Affairs GRANTEE INFORMATION Control Number: 00 RR 24 RG ARTISTS PARTICIPATING Michigan: Total: CLIENT INFORMATION Legal Name: OAKLAND CO OFFICE OF ARTS, CULTURE & FILM Other Common Name: Address: 1200 N Telegraph Rd Dept 409 Pontiac MI 48341-0409 Telephone Number: 248/858-0415 Office Hours: 9:30- 5:30 Mon-Fri Authorizing Official: John McCulloch Title: Chairperson Board of Comm Board Chairperson: John McCulloch Title: Chairperson Board of Comm Address: 1200 N Telegraph Rd Dept 409 Pontiac MI 48341-0409 Federal ID Number: 38-6004876 INDIVIDUALS BENEFITING ACTIVITY INFORMATION Contact Person: Title: Address: Michigan: Total: APPROVED AWARD Amount: 36,800 ACTIVITY DESCRIPTION Business Phone: Office Hours: Alternate Phone: Alternate Hours: Activity Title: Start/End Dates: Primary Region: Regional Regranting - Grants 10/01/1999 to 10/31/2000 63 Oakland Provide grant awards to eligible Michigan non-profit applicants in Regional Regranting Region 2 who's projects meet MCACA's Minigrant Program guideline requirements and are approved by the regranting agency for funding up to $2,000 on a matching basis with no Council funding regranted between 10/01/00 and 10/31/00. Authorized Of V A li Signature Ji) rit) erto ,...,..o Gler Authorized Official Name /befto 410) Title Date Revised Budget Summary total earned revenue from line 4 total unearned revenue from line 15 cash match from line 20 Council request from line 16 (use the figures from S on 6; Revised Budget) total cash revenue from line 17 total in-kind support from line 18 total reve94 from lini19 total cash expenses from line 32 toin-kind expenses / from line 33 total expenses from line 34 Total number of Michigan artists participating Total paid to artists Total number of artists participating Total paid to Michigan artists Total number of individuals benefitting Total number of youth benefitting Total number of new hires Total number of employees oo ah/ /eG REVISED SUMMARY INFORMATION . Revised Project Participation Summary (this informaiton should represent your projections and estimates for the entire grant period) MCACA Goals impact: Indicate the MCACA goals impacted by your project. O 1 Promote access to arts and culture throughout Michigan O 2 Broaden cultural understanding O 3 Use arts and culture as catalysts for learning 0 4 Support creativity and innovation O 5 Encourage increased funding resources A circle one only circle one only ee Michigan Department of Commerce Michigan Council for Arts and Cultural Affairs NATIONAL STANDARD FOR ARTS INFORMATION EXCHANGE GRANTEE/ACTIVITY DESIGNATORS 1 administration label, clientpame, number & Contiol number Documentation of federal and state funds used to support the arts is through the use of the National Standards for Arts Information Exchange. Revisions to the standards were implemented for FY 1993 that pertain only to funded projects and activities. This form must be completed by all grantees and sub-grantees. GRANTEE: la. Organizations Using the characteristics listed below, please circle one category which best reflects the predominant characteristics of your organization's staff, board and members. If at least half of your organization's staff RE at least half of your board of directors or at least half of your members belong to one of the listed categories, your organization is to be classified by that category. If none of these conditions apply, please circle the "General" category or "G". American Indian / Alaskan Native Asian / Pacific Islander A .Black, not Hispanic B circle Hispanic H one White, not Hispanic W only General (at least half of staff or board or membership is not one race) ACTIVITY: 2. Organizations and Individuals Using the characteristics listed below, please circle the one characteristic which reflects the emphasis of your funded activity. If the funded activity does not have a single emphasis of culture or traditions, please circle the "General" category or "G". American Indian / Alaskan Native Asian / Pacific islander A Black, not Hispanic Hispanic White, not Hispanic General (project or activity does not emphasize any one race/ethnicity) lb. Individuals: Please circle one category which reflects your predominant characteristics: American Indian / Alaskan Native Asian / Pacific islander Black, not Hispanic Hispanic White, not Hispanic Multi-Racial (combination of those above if no single race applies) Note: As a general guideline, a project oractivity can be considered "clearly reflective of a culture or tradition" if It is: (1) A project in which the intent Is to communicate the culture or traditions of a particular race. For example, performances by a Mexican Folkloric Dance Company would be coded as "Hispanic" or "H". and / or (2) A project which Is generally understood to be reflective of the culture or traditions of a single and Identifiable group. For example, Kabuki theatre Is performed in many localities, and Is being produced by Asian and non-Asian groups. Performances of Kabuki would be coded as "Asian/Pacific Islander" regardless of who presents the work for the type theatre is widely under- stood to be an expression of Japanese culture. Name of individual completing this form: Title of individual completing this form: Signature of individual completing this form: Telephone: This information will be used to docutnent our state arts agency's grantmaking activities, as a part of a national data collection project on the grantmakIng activities of 56 state arts agencies (50 states and six territories). This information will not be used to determine state or national funding priorities, and will not be considered during the state or federal grantmaking processes. Information provided in this form does not replace the information which must be submitted by grant recipients to demonstrate compliance with state equal opportunity standards. N Michigan Council for Arts and Cultural Affairs - NATIONAL STANDARD for ARTS INFORMATION EXCHANGE S UBGIRANTEE/ACTIVITY DESIGNATORS The National standard for Arts Information Exchange is used to document federal and state support of the arts. It records only funded activities. This information will not be used to determine funding priorities and will not be considered during the grant making process. This form must be completed by each Ilillinigrant recipient as part of final reporting. Directions for Regranting Agency: Attach this completed form to the front of each Minigrant Final Report directly behind the Subgrantee Reporting Data form. 1. ORGANIZATION (minigrant recipient) Using the letters listed below, circle one letter which best represents your organization's staff, board and members. If at least half of your organization's staff or at least half of your organization's board of directors or at least half of your members belong to one of the listed categories, classify your organization by that category. If none of these categories apply, circle "G" for the "General" category. • Native American/Alaska Native circle A Asian/Pacific Islander only B Black, not Hispanic one H Hispanic letter W White, not Hispanic • General (at least 50% of staff, board or members are not from one racial category) 2. ACTIVITY Using the letters listed below, circle the one letter which best reflects the emphasis of your Minigrant activity. If your Minigrant activity did not have a single emphasis of culture or tradition, circle "G" for the "General" category. • Native American/Alaska Native circle A Asian/Pacific Islander only B Black, not Hispanic one H Hispanic letter W White, not Hispanic General (activity did not emphasize any one racial or ethnic category) Note: Generally, an activity can be considered reflective of a culture or race if it is: a. An activity in which the intent is to communicate the culture of a particular race or ethnic group. For example, a performance by a Mexican Folkloric Dance Company would be coded "H" for "Hispanic". and/or b. An activity in which is generally understood to reflect the culture of a single and identifiable group. For example, Kabuki theater is performed in many localities and is produced by Asians and non-Asians. Performances of Kabuki would be coded "A" for "Asian/Pacific Islander" regardless of who presents the work because Kabuki is widely understood to be an expression of Japanese culture. Provide information on the individual completing this form: name tittle signature telephone number Michigan Councn.fer A'rts 5nd Cultural Affairs - NATIONAL STANDARD for ARTS INFORMATION EXCHANGE SUBGRANTEE/ACTIVITY DESIGNATORS The National standard for Arts Information Exchange is used to document federal and state support of the arts. It records only funded activities. This information will not be used to determine funding priorities and will not be considered during the grant making process. This form must be completed by each Minigrant recipient as part of final reporting. Directions for Regranting Agency: Attach this completed form to the front of each Minigrant Final Report directly behind the Subgrantee Reporting Data form. 1. ORGANIZATION (minigrant recipient) Using the letters listed below, circle one letter which best represents your organization's staff, board and members. If at least half of your organization's staff or at least half of your organization's board of directors or at least half of your members belong to one of the listed categories, classify your organization by that category. - If none of these categories apply, circle "G" for the "General" category. • Native American/Alaska Native circle A Asian/Pacific Islander only B Black, not Hispanic one H Hispanic letter W White, not Hispanic • General (at least 50% of staff, board or members are not from one racial category) 2. ACTIVITY Using the letters listed below, circle the one letter which best reflects the emphasis of your Minigrant ao:ivity. If your Minigrant activity did not have a single emphasis of culture or tradition, circle "G" for the "Genenal" category. Native American/Alaska Native circle A Asian/Pacific Islander only B Black, not Hispanic one H Hispanic letter W White, not Hispanic • General (activity did not emphasize any one racial or ethnic category) Note: Generally, an activity can be considered reflective of a culture or race if it is: a. An activity in which the intent is to communicate the culture of a particular race or ethnic group. For example, a performance by a Mexican Folkloric Dance Company would be coded "H" for "Hispanic". and/or b. An activity in which is generally understood to reflect the culture of a single and identifiable group. For example, Kabuki theater is performed in many localities and is produced by Asians and non-Asians. Performances of Kabuki would be coded "A" for "Asian/Pacific Islander" regardless of who presents the work because Kabuki is widely understood to be an expression of Japanese culture. Provide information on the individual completing this form: name tittle signature telephone number FISCAL NOTE (Misc. #00117) May 18, 2000 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: COUNTY EXECUTIVE/ARTS, CULTURE & FILM - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS BY FY 2000 REGRANTING PROGRAM 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 $47,800 for FY 2000 for the Michigan Council for Arts and Cultural Affairs Regranting Program Grant. 2. The sum of $36,800 is awarded for redistribution to arts organizations and the balance of $11,000 is for administration costs incurred by the County. 3. The current special revenue budget equals $26,000, this new award will increase grant revenues and expenditure by $21,800. 4. No County match or additional positions are required. 5. The acceptance of this grant does not obligate the County to any future commitment. 6. The FY 2000 special revenue budget be amended as follows: FY2000 $ 21,800 Revenue 11-100999-1000-0155 Expenditures 11-210200-1000-2340 11-210200-1000-3620 11-210200-1000-4284 11-210200-1000-3324 Art Council Advertising $ 7,000 Special Projects $ 8,000 Postage $ 1,800 Printing $ 5,000 $ 21,800 FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. • Resolution #00117 May 18, 2000 Moved by Dingeldey supported by Coleman the resolution be adopted. AYES: Galloway, Garfield, Gregory, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Palmer, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Dingeldey, Douglas. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. F.; E FOREGOING RES( L Brooks Patter)s6n. County Executive- Date STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 May 18, 2000 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 18tb, day pf May, 2000. G.' William Caddell, County Clerk