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HomeMy WebLinkAboutResolutions - 2002.04.18 - 26706MISCELLANEOUS RESOLUTION 102103 April 18, 2002 BY: General Government Committee, William R. Patterson, Chairperson IN RE: COUNTY EXECUTIVE/ARTS, CULTURE & FILM - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS FISCAL YEAR 2002 REGRANTING PROGRAM GRANT APPLICATION AND 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 $70,200 for Fiscal Year 2002 for the Michigan Council for Arts and Cultural Affairs Regranting Program Grant; and WHEREAS $70,200 is awarded for redistribution to arts and cultural organizations; 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 Fiscal Year 2002 Michigan Council for Arts and Cultural Affairs Regranting Program Grant in the amount of $70,200 for the period October 1, 2001 through October 31, 2002. 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 unanimously on a roll call vote with Taub and Friedman Appel absent. CONTRACT REVIEW — Office of Arts, Culture and Film Subject: CONTRACT REVIEW — Office of Arts, Culture and Film Date: Thu, 28 Mar 2002 15:40:42 -0500 From: Greg Givens <givensg@co.oaldand.mi.us > Organization: Oaldand County To: VanLeuvenj <VanLeuvenj@co.oakland.mi.us>, "Zamora, Kristie" <zamorak@co.oaldand.mi.us >, "Pearson, Linda" <pearsonl@co.oakland.mi.us> CC: "Shortley, Joellen" <shortleyj@co.oaldand.mi.us> RE: CONTRACT REVIEW - Office of Arts, Culture and Film GRANT NAME: FY 2002 Re-grant FUNDING AGENCY: Michigan Council for the Arts and Cultural Affairs DEPARTMENT CONTACT PERSON: Kristie Zamora 81048 STATUS: AcceptanCe DATE: 3/28/2002 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal contract review. Below are the comments returned by review departments. Department of Management and Budget: I approve - Jeff Pardee 3/6/2002 Personnel Department: I approve - Judy Eaton 3/5/2002 Risk Management and Safety: Approved with modification. Paragraph 6. second line after the word "insurance" add "or self insurance" the balance of the sentence should be deleted. It is so open ended and generalized as'to not be able to determine the meaning of the verbiage. It also appears, based on the plain meaning of the grant wording to be unnecessary. - Stan Fayne 3/6/2002 Corporation Counsel: I am unable to approve the grant as currently written. The grant requires the County to indemnify the State of Michigan, which legally we cannot do. Secondly, the grant requires the County to be liable for the activities of our subgrantees. I sent a letter to Betty Boone, the Executive Director of the Michigan Council for the Arts, requesting alternative language. Several other State departments have agreed to delete indemnification language and the County's liability for other entities. I did not receive a written response to my letter. I recently received a voice mail from the Deputy Director of the Michigan Department of History and Libraries, the Department the Council for the Arts reports to, that stated the language was non-negotiable. The Deputy Director noted the fact that this grant was signed by the County last year despite the fact that this office objected to the same language. Since the County would like to be reimbursed for monies already spent, this office understands the need to move forward without our approval. - Joellen Shortley 3/28/2002 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 1 of 2 03/28/2002 3:41 PM CONTRACT REVIEW - Office of Arts, Culture and Film email containing grant review comments) may now be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. Greg Givens, Supervisor Grants Administration Unit Fiscal Services Division 03/28/2002 3:41 PM 2of2 Office of Arts, Culture & Film Michigan Council for Arts and Cultural Affairs Regranting Program Fiscal Year 2002 .. Applicant iiiitift . , 000..* ! ' - , :r. City ,,,:;:: ...... ::::-:.:',,..:-',',Activity:::::' . 7:::'..'''''' ' ,:'!„ ..... 41V41.61i ,Total ..,..ost Amt . of Grant Request Award 02RR24RG-101 Springfed Arts Royal Oak A long weekend retreat for singer/songwriters $18,370 $21,265 $2,895 0 featuring 10 hrs. of workshops 02RR24RG-102 Big Chief Chorus Waterford Coaching sessions for barbershop singing for $763 $1,525 $762 $762 3-hours every 3 weeks 02RR24RG-103 Great Lakes Lyric Opera Southfield Two 1 'A hour performances of an original $16,990 $20,000 $4,000 $4,000 operetta based on Th Canterville Ghost 02RR24RG-104 Cultural Council Birmingham New Year's Eve celebration that includes a $33,068 $37,068 $4,000 0 Birmingham/Bloomfield series of multicultural events 02RR24RG-105 The Community House Birmingham Student art exhibit ages K-12 $6,250 $8,250 $4,000 $4,000 02RR24RG-106 Hope Network S.E. Pontiac Therapeutic art sessions for up to 50 people $6,180 $10,180 $4,000 $4,000 one a week 1 'A hour session 02RR24RG-107 Creative Arts Center Pontiac A photo exhibition & 4 evening lecture series $4,075 $8,065 $4,000 $1,100 about world reli ions 02RR24RG-108 BASCC Birmingham A series of events planned for the year to $54,175 $58,175 $4,000 $4,000 enhance the cultural aspects of the BASCC 02RR24RG-109 Baldwin Church & Pontiac Disqualified $4,000 $11,040 $4,000 0 Center 02RR24RG-110 Clarkston Village Clarkston Shakespeare seminar & performance $5,680 $8,640 $1,000 0 Players 02RR24RG-111 Arab American & Southfield International Festival 2001to take place at the $3,000 $6,000 $3,000 0 Chaldean Council Novi Expo Center 02RR24RG-201 Aramaic Bible Walled Lake Disqualified $9,000 $13,000 $4,000 0 Translation, Inc. 02RR24RG-202 Motor City Brass Band Southfield Oakland outreach concerts for students $31,040 $35,040 $4,000 0 02RR24RG-203 Jewish Community W. Bloomfield Lenore Marwil, Jewish Film Festival $86,992 $90,992 $4,000 $3,000 Center 02RR24RG-204 Cantata Academy Ferndale Modern Masters Concert on 4/13/02 at St. $4,230 $8,230 $4,000 $4,000 Hugo of the Hills 02RR24RG-205 The Art Experience Pontiac Open studio therapeutic arts program for $29,160 $29,160 $4,000 $1,000 mentally ill individuals 02RR24RG-206 Rochester Heritage Rochester A weekend of cultural activities in the $16,670 $18,670 $2,000 $2,000 Festival Rochester Municipal Park 02RR24RG-207 Michigan Recycling Lansing Art competition and exhibit related to themes $4,946 $8,946 $4,000 0 Coalition reflected by the Mich. Recycling Coalition 02RR24RG-208 Rochester-Avon Rochester A monthly lecture program $4,200 $5,450 $1,250 $1,250 Historical Society 02RR24RG-209 Michigan School Pontiac Artspark, a creative pre-literacy program for 4 $31,300 $35,300 $4,000 $4,000 Readiness Program year olds, a collaborative partnership between artists & teachers .Applicantpontror ,,, - :,,,,-;: p ,::, . - • ::, ::::.- , ' -- ' .. Activi - ...• ' . Total:MatO' ' Total 05sti':: :-: .. of-'):;. • • 'Grafi ".. .. : . : . , , - :• nest' .:. : ,:::•• , Award 02RR2412O-210 Detroit Chamber Winds Southfield Joint ventures with Novi, Birmingham & $36,450 $40,450 $4,000 $4,000 & Strings Southfield schools & children's concerts at the Detroit Zoo 02RR24RG-211 Birmingham Public Binning,ham Day o Strings joint venture with the Detroit $10,200 $14,200 $4,000 $1,600 Schools Winds & Strings 02RR24RG-212 Southfield Public Southfield Dance at the Fine Arts Academy a week long $4,850 $8,850 $4,000 $4,000 Schools residency 02RR24RG-213 Young Audiences of MI Southfield Southfield Philharmonic Black History Month $16,730 $20,730 $4,000 $4,000 Concert at the Southfield Centre for the Arts • 02RR24RG-214 Berkshire Middle School Birmingham Project 2000 - materials & installation of $14,000 $18,000 $4,000 $4,000 public art, aimed toward helping at-risk kids through an artist mentoring program • 02RR24RG-215 Eisenhower Dance Southfield disqualified $16,780 $20,780 $4,000 0 Ensemble 02RR24RG-216 Waterford General Waterford Kids with Canvas, a 4 workshop instructed by $500 $1,000 $500 0 Baptist Academy an artist 02RR24RG-301 Boy Scout Troop 1707 Troy Troop Discovery-visiting artists $7,235 $10,835 $3,600 0 02RR24RG-302 Detroit Chamber Winds Southfield Zoo Concerts $11,590 $15,590 $4,000 0 & Strings 02RR24RG-303 Eisenhower Dance Southfield Summer Camps $16,200 $27,500 $4,000 $2,000 Ensemble 02RR24RG-304 City of Farmington Hills Farmington Hills Arts on the Grand $12,152 $16,152 • $4,000 $1,650 Cultural Arts Division 02RR24RG-305 Fine Arts Society of South Lyon Art Exhibition $2,465 $2,965 $500 $200 - . South Lyon 02RR24RG-306 Great Lakes Lyric Opera Southfield 2 comic operas $15,785 $19,785 $4,000 0 02RR24RG-307 Orion Art Center Lake Orion Art in the Village $12,850 $16,850 $4,000 0 02RR24RG-308 Oaldand County Parks & Waterford Singsation 2002 $25,831 $29,831 $4,000 $4,000 Recreation . 02RR24RG-309 Riley Dance Theatre Pontiac Ballet workshop $5,100 $8,100 $4,000 $1,638 02RR24RG-310 Springfed Arts Royal Oak 4th Annual Walloon Writer's Retreat $16,810 $20,205 $4,000 0 02RR24RG-311 Troy Public Library Troy Festival of the Arts $4,709 $8,709 $4,000 $4,000 • 02RR24RG-312 St. Hugo of the Hills Bloomfield Hills Harbison Project $9,220 $13,220 $4,000 0 02RR24RG-313 Meadow Brook Hall Rochester Beautiful Blossoms $20,125 $24,125 $4,000 $4,000 02RR24RG-314 Arts, Beats & Eats Pontiac Children's Music Stage $6,000 $10,000 $4,000 $4,000 Foundation FY2002TOTAL $636,031 J $783,863 $141,507 $70,200 MCA 5 (10/00) MICHIGAN COLTNCIL FOR ARTS AND CULTURAL AFFAIRS Michigan State Department of History, Arts and Libraries GRANT AGREEMENT FOR ARTS SERVICES Control #02 RR 24 RG GRANT AGREEMENT made on 02/28/02 between the Michigan Council for Arts and Cultural Affairs, a state agency, hereinafter referred to as "Council," and OAKLAND COUNTY OFFICE OF ARTS, CULTURE & FILM, hereinafter referred to as "Grantee:,who hereby agree as follows: 1. GRANT AGREEMENT TERM This grant agreement shall terminate on 10/31/02, unless prior termination is effectuated by the Council pursuant to section 4 herein. 2. SERVICES Beginning on 10/01/01, Grantee shall: Provide grant awards to eligible Michigan non-profit applicants in Regional Regranting Region 2, whose projects meet MCACA's Minigrant program guideline requirements and are approved by the regranting agency for funding up to $4,000 on a matching basis, with no Council funding regranted between 10/01/01 and 10/31/02, as more specifically set forth in the grant application or revised grantee information form, which is incorporated herein by reference. Ofthe amount provided herein, $1,300 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 2002 Council Program Guidelines, which are incorporated herein by reference. The grantee is eligible for this grant in the Regional regranting program category. 3. TERMS AND CONDITIONS OF PAYMENT Council shall pay Grantee an amount not to exceed $70,200 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 stipulation $ 1,300 03/21/02 Upon processing of signed agreement and receipt of Revised Summary form, Grantee Activity Designator form, and 1st and 2nd Round applications. $ 50,012 03/21/02 Upon processing of signed agreem:entand receipt of Revised Summary form, Grantee Activity Designator form and 1st and 2nd Round applications. $ 21,488 05/01/02 Upon receipt of 3rd Round funding plan, applications and panel reviewer list. 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 #02 RR 24 RG, Page 2 No member of the legislature of the State of Michigan or any individual employed by the State qhall be pennittedto 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. umrrAnoN OF LIABILITY The State of Michigan and the Council and their organizational unit, 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. S. 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. ADMINISTRAITVE REQUIREMENTS Grantee wives 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 0M33 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 # 02 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 a 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 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, 2002, April 7, 2002, July 7, 2002, and October 7, 2002. 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 COUNCIL FOR ARTS AND CULTURAL AFFAIRS OAKLAND COUNTY OFFICE OF ARTS, CULTURE • & FILM By: BETTY EfOONE THOMAS A. LAW By: Executive Director Chairperson Board of Comm. Grant Agreement for Arts Services Control #02 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 rant 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 immecliatilly 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. FISCAL NOTE (MISC. 102103) April 18, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: COUNTY EXECUTIVE/ARTS, CULTURE & FILM - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS BY FISCAL YEAR 2002 REGRANTING PROGRAM GRANT APPLICATION AND 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 $70,200 for Fiscal Year 2002 for the Michigan Council for Arts and Cultural Affairs Regranting Program Grant. 2. The sum of $70,200 is awarded for redistribution to arts organizations. 3. The FY 2002 grant award is $18,100 less than the previous year's grant award of $88,300. 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 Fiscal Year 2002 Special Revenue Budget should be amended to replace any budgeted amounts pertaining to the previous year's grant award, as specified below. Revenue 11-100999-01000-0155 Art Council FY 2002 $70,200 Expenditures 11-200999-01000-3460 Regranting Program $70,200 $ -0- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Patterson absent. G. William Caddell, County Clerk Resolution #02103 April 18, 2002 Moved by Patterson supported by Middleton the resolution be adopted. AYES: Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Amos, Brian, Buckley. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. — Brooks Pittersaft. ',;ounty Executive AP HE FOREGOING RESOLOTIO1 1///770 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 April 18, 2002, 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 18th day of April, 2002.