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HomeMy WebLinkAboutResolutions - 2002.05.16 - 26909r MISCELLANEOUS RESOLUTION #02123 May 16, 2002 BY: General Government Committee, William R. Patterson, Chairperson IN RE: COUNTY EXECUTIVE/ARTS, CULTURE & FILM FY2002 ADMINISTRATON FROM THE MICHIGAN COUNCIL FOR THE ARTS AND CULTURAL AFFAIRS GRANT AGREEMENT FOR ARTS SERVICES - AMENDMENT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the County Executive/Arts, Culture and Film - Michigan Council for Arts and Cultural Affairs by Fiscal Year 2002 Regranting Program Grant Application and Acceptance was accepted by Miscellaneous Resolution #02103 adopted April 18, 2002 in the amount of $70,200. WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County an additional $14,000 for Fiscal Year 2002 for the Michigan Council for Arts and Cultural Affairs Grant Agreement for Arts Services for Administrative Services; and WHEREAS this grant must be matched on a dollar for dollar basis from local and private contributions paid to and received by County Executive/Arts, Culture and Film General Fund; 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 additional $14,000 for Fiscal Year 2002 Michigan Council for Arts and Cultural Affairs Grant Agreement for Arts Services for Administrative Services in the amount of $14,000 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 Motion carried unanimously on a roll call vote. Linda Pearson • From: Greg Givens [givensg@co.oakland.mi.us ] Sent: Thursday, April 25, 2002 2:39 PM To: VanLeuvenj; Zamora, Kristie; Pearson, Linda Cc: Williamsd Subject: CONTRACT REVIEW- Executive's Office RE: CONTRACT REVIEW - Executive's Office - Arts, Film, and Culture GRANT NAME: FY 2002 Administration for Minigrants Program FUNDING AGENCY: Michigan Council for the Arts and Cultural Affairs DEPARTMENT CONTACT PERSON: Kristie Zamora / 80415 STATUS: Acceptance DATE: April 25, 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: Approved - Laurie Van Pelt (4/24/2002) Personnel Department: I approve - Judy Eaton (4/17/2002) Risk Management and Safety: Approved with revision. In paragraph six, titled GRANTEES LIABILITY, after the word insurance in the second line, add the words "or self insurance". - Stan Fayne (4/12/2002) Corporation Counsel: This office is unable to approve the language as currently written as it requires the County to indemnify the State of Michigan and assume liability for the subgrantees. We are working with the General Government Committee to request a dialogue with the Arts Council. - Joellen Shortley (4/25/2002) Please note the comments from both Risk Management and Corporation Counsel. These issues should be considered before submission to the Board for acceptance. Once this is done, 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 email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. Greg Givens, Supervisor Grants Administration Unit Fiscal Services Division Michigan Department of History, Arts and Libraries Michigan Council for Arts and Cultural Affairs FY'02 GRANT AGREEMENT PACKET Congratulations once again on your FY'02 grant award. The projects provided by organizations like yours are essential to the quality of life of the citizens of the state. The Michigan Council for Arts and Cultural Affairs (MCACA) is pleased to join with you in this important endeavor. Enclosed is your Grant Agreement. As a grantee, you are expected to fulfill all of the requirements outlined in your grant agreement. Read the grant agreement carefully and in its entirety. Section two (Services) states the activities, which you have agreed to complete. Section three (terms and Conditions of Payment) specifies when your funding will be released and what stipulations have to be met to ensure timely payment of your grant. Keep in mind, a signed grant agreement must be received and approved by the Council prior to payment of grant funds. When your signed grant agreement is received in our office and stipulations met, the processing of your first payment begins immediately. Any substantive changes in project dates, budget or activities must be requested in writing and approved by the Council prior to their taking place. The Michigan Council for the Arts and Cultural Affairs must be credited with support of your project. Council credit includes the language "made possible with the support of the Michigan Council for Arts and Cultural Affairs" and the Council logo must be included in programs, reports, media releases and all printed and broadcast materials for the funded project. Further, when printed materials are not used, verbal acknowledgment must be provided prior to activities, such as performances and/or presentations. Should your grant award include federal dollars, credit should also begiven to the National Endowment for the Arts. (Your grant agreement will indicate any federal dollars awarded.) Council credit language should then read "made possible with the support of the Michigan Council for the Arts and Cultural Affairs a partner agency of the National Endowment for the Arts." The NEA logo should also be used on your printed and broadcast materials. The NEA logo is available electronically at our website, www.cis.state.mi.usiarts. After reading the grant agreement, have your authorizing official sign and date all three copies. Keep the pink copy for your files. Return the white and yellow copies to: Administration Michigan Council for Arts and Cultural Affairs 525 W. Ottawa P.O. Box 30705 Lansing, MI 48909-8205 Final payments for services and administrative partnerships are tied to the filing and approval of a final report. Reports must be submitted according to the schedule in the grant agreement. Report forms and instructions are included in this packet. You are required to keep accounting records and documentation pertaining to projects funded by Michigan Council for Arts and Cultural Affairs for at least four years. Random audits are conducted annually. If you have further questions about this or other matters related to your grant, please call (517) 241-4011. MCA 5 (5 100) MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS Michigan State Department of History, Arts and Libraries GRANT AGREEMENT FOR ARTS SERVICES Control # 02 RR 23 AD GRANT AGREEMENT made on 03/26/02 between the MichiganCouncil 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 10/31/02, unless prior termination is effectuated by the Council pursuant to section 4 herein. 2. SERVICES Beginning on 10/01/01, Grantee shall: Represent the Council as the contact agent and facilitator of its Regional Regranting Minigrant Program for Region 2, including the county of Oakland, and send a representative (preferably a staff member) to the Council's annual workshops, with no Council funding expended and no grant match accrued between 10/01/02 and 10/31/02, as more specifically set forth in the grant application or revised grantee information form, which is incorporated herein by reference. 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 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 $14,000.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 $ 9,100 04/16/02 Upon processing of signed agreement. $ 2,800 07/15/02 $ 2,100 12/30/02 Upon council approval of final report, due 11/30/02. 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 23 AD, 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 PROHIBMON A want 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 Agmement for Arts Services Control # 02 RR 23 AD, Page 3 12. EQUAL OPPORTUNITY Grantee certifies compliance with Executive Order 79-4 and pertinent State/Federal statues 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 activ. ities 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 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. BETTY IC6ONE THOMAS A. LAW By: Executive Director Chairperson, Board of Comm. Grant Agxcement for Arts Services Control #02 RR 23 AD, 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. MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS • OAKLAND COUNTY OFFICE OF ARTS, CULTURE AND FILM FISCAL NOTE (MISC. #02 123 May 16, 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 - AMENDMENT 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 County Executive/Arts, Culture and Film - Michigan Council for Arts and Cultural Affairs by Fiscal Year 2002 Regranting Program Grant Application and Acceptance was accepted by Miscellaneous Resolution #02103 adopted April 18, 2002 in the amount of $70,200. 2. The Michigan Council for Arts and Cultural Affairs has awarded Oakland County an additional $14,000 for Fiscal Year 2002 for the Michigan Council for Arts and Cultural Affairs Regranting Program Grant Agreement for Administrative Services. 3. County in-kind match consists of local and private contributions received and expended by the County Executive/Arts Culture and Film General Fund. 4. The acceptance of this grant does not obligate the County to any future commitment. 5. The Fiscal Year 2002 special revenue budget be amended as follows: Revenue FY 2002 11-100999-01000-0171 Grants - State $14,000 Expenditures 11-200999-01000-3196 Miscellaneous $14,000 $ -0- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Causey-Mitchell absent. Resolution #02123 May 16, 2002 MINIMI•el.sm atto mayeavAcem.12,ye x,,...aortzaLsramv.asessicdtame.91Esames..01, G. William Caddell, County Clerk Moved by Patterson supported by Coleman the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with accompanying reports being accepted). r, I HEREB v LUC r P7SOI.UTION 4111Vii /2-/ L. Brooks Patiotson, County Executive Oats 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 16, 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 Couly of Oakland at Pontiac, Michigan this 16th day of May, 2002.