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HomeMy WebLinkAboutResolutions - 2004.09.09 - 27742MISCELLANEOUS RESOLUTION 104242 September 9, 2004 BY: General Government Committee, William Patterson, Chairperson IN RE: COUNTY EXECUTIVE/ARTS, CULTURE AND FILM - FY 2004 MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS 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 $35,800 for its Regional Regranting Program; and WHEREAS the $35,800 is awarded for redistribution to arts and cultural organizations; and WHEREAS the Fiscal Year 2003 Regranting Program reflected funding in the amount of $68,900 which is a $33,100 (or 48%) reduction compared to the current agreement; and WHEREAS Oakland County is self-insured for public liability and property damage and has satisfied the insurance requirements in Section 8 of the contract; 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 Board of Commissioners approves the Michigan Council for Arts and Cultural Affairs Fiscal Year 2004 Regranting Program Acceptance Agreement, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that continuation of this program is contingent upon continued funding. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE General Government Committee Vote: Motion carried on a roll call vote with Patterson, Kowall and Hatchett absent. Joseph Rozell From: Greg Givens [givensg@co.oakland.mi.us] Sent: Monday, August 23, 2004 11:20 AM To: Doyle, Larry; Zamora, Kristie Cc: Rozell, Joe; Smith, Laveme; Frederick, Candace; Worthington, Pam; Pardee, Mary; Hanger, Helen Subject: CONTRACT REVIEW — Office of Arts, Culture & Film CONTRACT REVIEW - Office of Arts, Culture & Film GRANT NAME: Regional REGRANTING Program FUNDING AGENCY: Michigan Council for Arts and Cultural Affairs DEPARTMENT CONTACT PERSON: Kristie Zamora / 80415 STATUS: Acceptance DATE: August 23, 2004 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. Please note the comments from Corporation Counsel. 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. Department of Management and Budget: Approved.- Laurie Van Pelt (8/6/2004) Department of Human Resources: Approved. - Ed Poisson. (8/5/2004) Risk Management and Safety: Approved. - Gerald Mathews (8/16/2004) Corporation Counsel: The grants need to be changed to provide for the fact that the County is self-insured. (Jerry Mathews of Risk Management is in concurrence.) Because of past difficulties in getting the Michigan Council for the Arts to agree to contract changes, it may be best to have the BOC resolution clarify that Oakland County is self-insured for public liability and property damage and this satisfies the insurance requirements in Section 8 of the contracts. , The grants provide that the County is required to meet certain conditions at least 30 days prior to payment dates that have already passed. Ms. Zamora advised me that the County has met all conditions, and is awaiting payment from the State. The State may cancel the contracts for any reason upon 5 days written notice and is not obligated to make a payment if funding is reduced or eliminated. - Joellen Shortley (8/19/2004) MCA 5 (11102) fed std cty Michigan Department of History, Arts and Libraries - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS 1. GRANT AGREEMENT FOR ARTS SERVICES Control #: 04RR0024RG The MICHIGAN COUNCIL FOR ARTS AND 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 May 20, 2004 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, 2003 and extending to October 31, 2004, unless prior termination is effectuated by the Council pursuant to Section 7. 3. Project(s) Funded Beginning on October 1, 2003, 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 10/01/04 and 10/31/04., as more specifically set forth in 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 2004 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 $35,800 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: $35,800.00 6/3/2004 12/30/2004 Upon processing of signed agreement Final Report as stipulated in 04RR0023SV Grant Agreement for Arts Services Control #: 04RR0024RG, 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 workers' 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 #: 04RR0024RG, Page 3 10. Third Party Beneficiary This Grant Agreement is not intended to make any person or entity not a party to this grant agreement a third-party beneficiary of this Grant Agreement or to confer on a third party any rights or obligations enforceable in their favor. 11. Support Credit The Grantee shall prominently display the Council's name and logo in printed materials associated with the grant and 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, or discriminate any person due to the above-listed grounds with respect to any program or activity funded in whole or part under this Grant Agreement. The Grantee agrees to include the aforementioned covenant in every contract or subgrant entered into by the Grantee to effectuate this Grant Agreement. Grantee certifies that there are established policies to provide equal opportunity to participate in and benefit from all programs, activities and services and equal employment opportunities; 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 conspicuous 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 Grant Agreement for Arts Services Control #: 04RR0024RG, 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 shall 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 under this Grant Agreement, the Grantee shall also submit an interim report indicating the information identified in paragraph (a), by April 7, 2004. 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 the nature and caliber of activities supported by Council funds, Grantee agrees to admit those individuals to activities without charge and to cooporate with in-depth reviews and evaluations as may be required. 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 this 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. 121 MI CO CIL FOR iAND CULTURAL AFFAIRS Oakland Co Arts Culture & Film By: iliz-4,_ ---enk_a_ 1___--- By: B TTY BOA& -,/ Thomas A. Law Executive Director Chairperson Board of Comm • I FISCAL NOTE (MISC. 104242) September 9, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: COUNTY EXECUTIVE/ARTS, CULTURE AND FILM - FY 2004 MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS 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 $35,800 for its Regional Regranting Program. 2. The total funding amount of $35,800 is a decrease of $33,100 (or 48%) from the previous Fiscal Year 2003 grant award. 3. The County anticipated Fiscal Year 2004 funding in the amount of $74,084. 4. No County match or additional positions are required. 5. The funding period is from October 1, 2003 through October 31, 2004. 6. The County has received this grant award since 1986. 7. A budget amendment to the FY 2004 Special Revenue budget is recommended as follows: Revenue FY 2004 11-276-100999-41000-0155 Art Council ($38,284) Expenditures 11-276-200999-41000-3460 Regranting Program ($38,284) -o- FINANCE COMMITTEE FINANCE COMMITTEE: Motion carried unanimously on a roll call vote. •nnnn G. William Caddell, County Clerk September 9, 2004 Resolution #04242 Moved by KowaII supported by Zack the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coulter, Crawford, Douglas, Gregory, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports be accepted). I HEREBY APPROVE TIE FOREGOIS IESOLUTION 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 September 9th, 2004 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 9th day of September, 2004.