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HomeMy WebLinkAboutResolutions - 2003.03.06 - 27217MISCELLANEOUS RESOLUTION 103040 March 6, 2003 BY: General Government Committee, William R. Patterson, Chairperson IN RE: COUNTY EXECUTIVE/ARTS, CULTURE & FILM - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS FISCAL YEAR 2003 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 $68,900 for Fiscal Year 2003 for the Michigan Council for Arts and Cultural Affairs Regranting Program Grant; and WHEREAS $68,900 is awarded for redistribution to arts and cultural organizations; and WHEREAS the Fiscal Year 2002 Michigan Council for Arts and Cultural Affairs Regarnting Program reflected funding in the amount of $70,200; and WHEREAS the Fiscal Year 2003 Michigan Council for Arts and Cultural Affairs Regranting Program reflects a total funding amount of $68,900 which is a $1,300 (1.85W) decrease over the previous agreement; 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 2003 Michigan Council for Arts and Cultural Affairs Regranting Program Grant in the amount of $68,900 for the period October 1, 2002 through October 31, 2003. 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: Ayes: Webster, Coulter, Bullard, Knollenberg, KowaII, Potter, Scott, Patterson Abstained: Hatchett Motion carried on a roll call vote. RE: CONTRACT REVIEW — Office of Arts, Culture & Film GRANT NAME: Regranting FUNDING AGENCY: Michigan Council for Arts and Cultural Affairs DEPARTMENT CONTACT PERSON: Kristie Everett Zamora STATUS: Acceptance DATE: January 28, 2003 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. As understood and discussed with Kristie Zamora, no funds will be released until the dollars have been received by the state. — Laurie Van Pelt (1/21/2003) Personnel Department: I approve. — Judy Eaton (1/21/2003) Risk Management and Safety: Approved with modification: Paragraph 8 should be amended to provide for self insurance. Corporation Counsel may wish to comment on the language that we are responsible for taking all precautions. - Stan Fayne (1/24/2003) Corporation Counsel: There are no outstanding legal issues with the grant agreements. The grants provide that they may be cancelled by the State upon 5 days written notice. Additionally, the grant provides the Arts Council does not have to provide funding if the Legislature or an Executive Order reduces or eliminates funding. The County's subcontract for regranting funds from the Arts Council grant was prepared in October, prior to receipt of the grant agreements. I would like to have stronger language in the subcontracts allowing the County to terminate the agreement for convenience or lack of funding. Please advise if any of these contracts have already been executed. All future subcontracts involving grant funds should give the County the ability to terminate immediately if the funding is withdrawn and should allow the County the ability to terminate for convenience. — Joellen Shortley (1/27/2003) 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 MCA 5 (11/02) fed std cty Michigan Department of History, Arts and Libraries MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS GRANT AGREEMENT FOR ARTS SERVICES Control #: 03RR0024RG 1. The MICHIGAN COUNCIL FOR ARTS AN CULTURAL AFFAIRS, a state agency (the 'Council') and Oakland Co Arts Culture & Film, (the 'Grantee') enter this Grant Agreement for Arts Services ('Grant Agreement') on December 23, 2002 and mutually agree as follows:: Authority This Grant Agreement is executed under authority of Sec. 11(6)(d) of the History, Arts and Libraries Act, 2001 PA 63, MCL 399.711; Sec. 401(4) or 2002 PA 523 and 20 USC 954(g). 2. Grant Agreement Period The period of this Grant Agreement shall be from October 1, 2002 and extending to October 31, 2003, unless prior termination is effectuated by the Council pursuant to Section 7. 3. Project(s) Funded Beginning on October 1,2002, 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 finding regranted between 10/01/03 and 10/31103., as more specifically set forth i.n_the grant application or revised 'grantee information form', which is incorporated in this Grant Agreement. ' 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 the grant as far in advance of the activity as is practical. Grantee shall comply with all financial and other requirements as outlined in the Fiscal Year 2003 Council Program Guidelines, which are incorporated herein by reference. 4. Criterion Specification The Grantee is eligible for this grant in the Regional Regranting category. 5. Terms and Conditions of Payment The Council shall pay the Grantee an amount not to exceed $68,900 on the following dates and in the following amounts, subject to the Grantee's compliance with this Grant Agreement. The Council, in its sole discretion, shall determine whether the Grantee has fulfilled all Grant Agreement terms and conditions. If the Council determines that the Grantee has failed to comply with any term or condition, the Grantee shall not be entitled to any payment listed below: Amount: Date: Stipulation: $1,200.00 1/15/2003 Upon processing of signed agreement $45,828.00 1/1512003 Upon processing of signed agreement $21,872.00 411512003 Upon receipt of 3rd Round funding plan,panel list & applications Grant Agreement for Arts Services Control #: 03RR0024RG, Page 2 The Grantee shall meet the above listed conditions at least 30 days prior to the indicated payment date, so that the Council will have adequate time to process scheduled payments. Failure to comply with any deadlines will delay payment or may cause termination of this Grant Agreement pursuant to section 7. Further, if the Legislature fails to appropriate funds or an Executive Order reduces or eliminates the Council's ability to make payment, the Council shall not be obliged to make those payments. 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 a match by the Council. The Council shall receive proof of the entire amount of the matching funds, services, materials, and/or equipment by the end of the award period. No member of the Legislature of the State of Michigan or any individual employed by the State may share in the awarded grant or any benefit that arises from the grant. 6. Redistribution Prohibition The Grantee may not redistribute any grant awarded under this Grant Agreement or the matching funds which conferred eligibility for the grant to any other entity, unless specifically provided for in this Grant Agreement. 7. Termination of Grant Agreement - . . The Council may terminate this Grant Agreement for any reason by giving 5 days written notice to the Grantee. Upon termination, the Council shall, have no further obligation to make the payments described in Section 5. 8. Grantee's Liability The Grantee will furnish and maintain during the term of this grant agreement public liability, property damage, and worker's compensation insurance insuring, as they may appear, the interests of the parties to this Grant Agreement. The Grantee is responsible for ensuring that all precautions are exercised at all times for the protection of all persons and property. The Grantee shall secure all necessary certificates and permits from municipal or other public authorities and comply with all national, state, and municipal laws, ordinances, and regulations as may be required in connection with the performance of this Grant Agreement. 9. Limitation of Liability The State of Michigan, the Department of History, Arts and Libraries and the Council, and their organizational units, officers, agents, and employees shall not be liable to the Grantee, nor to any individuals or entity with whom the Grantee contracts, for any direct, indirect, incidental, consequential or other damages incurred as a result of activities, actions or inactions on the part of the Grantee for services rendered pursuant to this Grant Agreement resulting in litigation; from the Council's decision not to make payment to the Grantee pursuant to Section 5; or from termination of this Grant Agreement pursuant to Section 7. Any liability resulting from activities, actions or inactions engaged in by the Grantee under this Grant Agreement shall be the sole responsibility of the Grantee. Any liability resulting from activities, actions or inactions engaged in by individuals or entities with whom the Grantee contracts shall be the sole responsibility of the subgrantee or as otherwise specified in a subgrant agreement between the Grantee and the subgrantee; however, under no circumstances shall the State, the Department of History, Arts and Libraries or the Council, and their organizational units, officers, agents and employees be liablie for the activities of the Grantee or any subgrantee. Neither party will indemnify the other party in any litigation that may arise from the performance of this Grant Agreement or any subgrant agreement executed to fulfill this Grant Agreement. This section shall not be construed as a waiver of governmental immunity. Grant Agreement for Arts Services Control #: 03RR0024RG, Page 3 10. Third Party Beneficiary This Grant Agreement is not intended to make any person or entity not a party to this grant agreenient a third- party beneficiaryof this Grant Agreement or to confer on a third party any rights or obligations enforceable in their favor. 11. Support Credit The Grantee shall prominently display the Council's name and logo in printed materials associated with the grant and to include support credit in each broadcast promotion as follows: 'This activity is supported by the MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS. and the NATIONAL ENDOWMENT FOR THE ARTS.' When no printed material is used, verbal acknowledgment shall be given prior to or at the beginning of each presentation. The Grantee shall transmit copies of printing, photographs, advertising and program materials prepared for this activity to the Council. 12. Accounting The Grantee shall maintain appropriate documents, journals, ledgers and statements in accordance with generally accepted accounting practices, to retain these records for a period of not less than 4 years from the date of • completion of the final report prepared pursuant to Section 16, and to make these documents available for examination and audit by appropriate agents of the State and/or Federal Government. Grantee shall use cost accounting principles which•comply with Federal requirements as set forth in Federal OMB Circular A-122, 'Cost Principles for Nonprofit Organizations' or OMB Circular A-21, 'Cost Principles for Educational Institutions' or OMB Circular A-87, 'Cost Principles for State and Local Governments', whichever applies. 13. Administrative Requirements Grantee shall comply with the applicable administrative requirements for grants-in-aid as set forth in Federal OMB Circular A-102, 'Uniform Administrative Requirements for Grants-in-Aid and Local Governments' or OMB Circular A-110, 'Grants and Agreements with Institutions of Higher Education, Hospitals and other nonprofit Organizations' and applicable sections of Federal OMB Circular A-133, 'Audits of State and Local Governments'. 14. Equal Opportunity Grantee certifies compliance with Executive Order 79-4, the Elliott-Larsen Civil Rights Act, 1976 PA 453, MCL 372.101 et seq., and all other pertinent federal, state and local fair employment practices and equal opportunity laws. The Grantee covenants not to discriminate against any employee or applicant for employment, to be employed when services under this Grant agreement are undertaken, with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, on the grounds of race, color, religion, national origin, age, sex or disability, or to exclude any person from participation in, deny any person the benefits of, ordiscriminate any person due to the above-listed grounds with respect to any program or activity funded in whole or part under this Grant Agreement. The Grantee agrees to include the aforementioned covenant in every contract or subgrant entered into by the Grantee to effectuate this Grant Agreement. Grantee certifies that there are established policies to provide equal opportunity to participate in and benefit from all programs, activities and services and equal employment opportunities; agrees to take steps necessary to correct any under representation and achieve a reasonably representative work forcd at all levels of employment; and agrees to state in all promotional materials, advertisements, and recruiting materials its equal opportunity policies and to post notices setting forth the law on equal opportunity and Grantee's policies in conspicious places. 15. Fair Labor Standards All professional performers and related or supporting professionals employed on projects or in productions which are financed in whole or in part under this grant agreement will be paid, without deduction or rebate on any account, not less than the minimum compensation determined by the Secretary of Labor to be the prevailing minimum compensation for persons employed in similar activities. Furthermore, no part of any project or By: BETTY BOO Executive Director CULTURAL AFFAIRS Oakland Co Arts Culture & Film By: Thomas A Law Chairperson Board of Comm Grant Agreement for Arts Services Control #: 03RR0024RG, Page 4 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 facieevidence of compliance. The Council may terminate this Grant Agreement if the name of the Grantee or any contractor, manufacturer or supplier of the Grantee appears in the register compiled by the Michigan Department of Consumer and Industry Services pursuant to 1980 PA 278, MCL 423.321 et seq. 16. Reports The Grantee whall furnish the following reports to the Council: (a) A final report covering the grant period, which is due within 30 days after the end of the grant period. The final report shall indicate at least the following: (i) Project revenues and expenditures, indicating grant matching fund amounts; (ii) Number of patrons attracted or benefiting during the grant period; and (iii) A narrative summary of the project and its outcome. (b) If the Grantee is receiving grants greater than $100,000 tinder this Grant Agreement, the Grantee shall also submit an interim report indicating the information identified in paragraph (a), by April 7, 2003. Failure to submit the above-described reports in a timely manner may void Grantee's claim to funds under this Grant Agreement. In order to provide members of the Council, appropriate Council evaluations and staff an " opportunity to appraise theiature and caliber of activities supported by Council funds, Grantee agrees to admit those individuals to activities without charge and to cooporate with in-depth reviews and evaluations as may be required. 17. Other Certifications The Grantee certifies, by signature to this Grant Agreement, that neither he/she/it nor any principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the grant by any federal department or agency. If the Grantee is unable to certify to any portion of tis statement, the Grantee shall attach to this Grant Agreement an explanation of the reason. 18. Governance This grant agreement is governed by the laws of the State of Michigan and supersedes all prior agreements, documents and representations between the Council and the Grantee, whether expressed, implied, oral or otherwise. This Grant Agreement constitutes the entire agreement between the parties and may not be amended, except by written instrument executed by both parties prior to the termination date set forth in Section 2. No party to this grant agreement may assign this Grant Agreement or any of his/her/its rights, interest or obligations hereunder without prior consent of the other party. The Grantee agrees to inform the Council in writing immediately of any proposed changes of dates, budget or services indicated in this Grant Agreement, as well as changes of address or personnel affecting this Grant Agreement. Changes in dates, budget or services are subject to the Council's approval. If any provision of this Grant Agreement is deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid. FISCAL NOTE '(MISC. 103040) March 6, 2003 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: COUNTY EXECUTIVE/ARTS, CULTURE & FILM - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS BY FISCAL YEAR 2003 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 $68,900 for Fiscal Year 2003 for the Michigan Council for Arts and Cultural Affairs Regranting Program Grant. 2. The total funding amount of $68,900 is a decrease of ($1,300) (1.85%) from the previous Fiscal Year 2002 Michigan Council for Arts and Cultural Affairs Regranting Program grant award. 3. The sum of $68,900 is awarded for redistribution to arts organizations. 4. No County match or additional positions are required. 5. Acceptance of this grant does not obligate the County to any future commitment. 6. A budget amendment to the FY 2003 Special Revenue account is recommended as follows: Revenue 11-100999-01000-0155 Art Council FY 2002 $68,900 Expenditures 11-200999-01000-3460 Regranting Program $68,900 $ -0- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Obrecht, Palmer, Patterson and Zack absent. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 6th day of March, 2003. a 'William Caddell, County Clerk Resolution #03040 March 6, 2003 Moved by Jamian supported by Coulter the resolutions on the Consent Agenda, be adopted. AYES: Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Zack, Bullard, Coleman. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted. I HEREBYPNY-E-tOFOREGOING RESOLUI $/e/e43 Date 1, Brooke Ftatfereon, County Executive 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 March 6, 2003, with the original record thereof now remaining in my office.