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HomeMy WebLinkAboutResolutions - 2006.08.31 - 28081August 31, 2006 MISCELLANEOUS RESOLUTION 106161 BY: PLANNING AND BUILDING COMMITTEE, CHARLES PALMER, CHAIRPERSON IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - FY 2006 REGIONAL REGRANTING ADMINISTRATIVE SERVICES PROGRAM GRANT ACCEPTANCE - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County $10,600 for administrative services relating to its Regional Regranting Services Program for Fiscal Year 2006; and WHEREAS the Regional Regranting/Mini-grant Program provides funding for locally developed, high quality arts projects to address local arts needs and increase public access to the arts; and WHEREAS the FY 2006 Regional Regranting Services Program grant award for administrative services is the same amount as the FY 2005 award; and WHEREAS Local In-Kind Match in the amount of $10,600 is required for the grant award, as determined on a dollar-for-dollar basis; and WHEREAS the acceptance of this grant award does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the Fiscal Year 2006 Regional Regranting Administrative Services Program Grant Agreement with the Michigan Council for Arts and Cultural Affairs in the amount of $10,600. BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement subject to Corporation Counsel approval. BE IT FURTHER RESOLVED that continuation of this program in future years is contingent upon the availability of grant funding. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Planning & Building Committee Vote: Motion carried unanimously on a roll call vote with Potter absent Date: Mon, 07 Aug 2006 14:50:20 -0400 From: "Greg Givens" <givensg@co.oakland.mi.us > To: "'Larry Doyle" <doylel@co.oakland.mi.us >, "Kristie Everett Zamora' <zamorak@co.oaklancl.mi.us >, "Keller, Wayne" <kellerw@co.oakland.mi.us> Cc: "Agacinski, Karen" <agacinskik@co.oakland.mi.us > GRANT REVIEW SIGN OFF — Economic Development & Community Affairs GRANT NAME: FY 2006 Regional Regranting Services Program — ADMINMISTRATION FUNDING AGENCY: Michigan Department of History, Arts and Libraries / MCACA DEPARTMENT CONTACT PERSON: Kristie Zamora / 8-0415 STATUS: Acceptance DATE: August 7, 2006 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. 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 Sign Off 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. DEPARTMENTAL REVIEW Risk Management and Safety has provided comment for contract modification. The modifications required by Risk Management and Safety must be incorporated into the contract prior to contract execution by the Board Chair. A copy of this review comment "Sign-off" sheet must be signed by the operating department's director at the space provided below Risk Management and Safety's comments. This signature is to acknowledge the required modification is made to the contract. The sign-off sheet, with department signature, must accompany the contract when presented to the Board Chair for signature. Department of Management and Budget: Approved. — Laurie Van Pelt (7/26/2006) Department of Human Resources: Approved. — Nancy Scarlet (7/26/20062) Risk Management and Safety: Approved by Risk Management with following modification to Item 8. Grantee's Liability: Item #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 <or self-insurance.> iastifing Tas-themay appear, the inter-ests-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 the Grant Agreement. - Andrea Plotkowski (8/6/2006) This is to certify that the required changes noted by Risk Management are made to the contract / cooperative agreement being signed by the Board Chair. Department Director Date Corporation Counsel: There appear to be no legal issues concerning this grant. Additionally, I agree with the modifications proposed by Risk Management regarding Item 8. Grantee's Liability. — Karen Agacinski (8/7/2006) COMPLIANCE The grant contract references a number of specific federal / state rules and regulations. Below is a list of these specifically cited compliance requirements for this grant. • Federal Office of Management and Budget (OMB) Circular No. A-87. This Circular establishes principles and standards for determining costs for Federal awards carried out through grants with State and local governments. littp://www.whitehouse.gov/ombicirculars/a087/a87 2004.html • Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://www.legislature.mi.gov/(uq3lxgeltmri5z55z2uiwv45)/mileg.aspx?page=getobject&objectnarne —mcl -Act-453-of-1976&quervid=14718540 • Michigan Department of Consumer and Industry Services / Michigan State Contracts with Certain Employers Prohibited "Act 278 of 1980" http://www.legislature.mi. (:)v/(uq3lxgeltmrj5z55z2uiwv45)/mi le g.aspx?page=getobiect&objectname=mc I -Act-278-of-1980&queryid=14718870 MCA 5 (02/06) state std cty Michigan Department of History, Arts and Libraries MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS 1. GRANT AGREEMENT FOR ARTS SERVICES Control # 06RR0023SV The MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS, a state agency (the 'Council') and Oakland County, (the 'Grantee') enter this Grant Agreement for Arts Services ('Grant Agreement') on July 7, 2006 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 and Sec. 403(4) of 2005 PA 157. 2. Grant Agreement Period The period of this Grant Agreement shall be from October 1,2005 and extending to October 31, 2006, unless prior termination is effectuated by the Council pursuant to Section 7. 3. Project(s) Funded Beginning on October 1, 2005, 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 10/01/06 and 10/31/06., as more specifically set forth in the grant application or revised 'grantee information form', which is incorporated in this Grant Agreement. 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 2006 Council Program Guidelines, which are incorporated herein and are made part of this Grant Agreement 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 $10,600 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: $4,300.00 1/10/2006 $1,900.00 4/15/2006 $2,800.00 7/15/2006 $1,600.00 12/31/2006 Upon processing of signed agreement Upon council approval of final report due 11/30/06 Grant Agreement for Arts Services Control #: 06RR0023SV, 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 #: 06RR0023SV, 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.' 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 andlor 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 0Ml3 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 "xectiiiire Direct Grant Agreement for Arts Services Control #: 06RR0023SV, 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, 2006. 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 parry. 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. MI COUNCWOR ARTS AND CULTURAL AFFAIRS Oakland County By: Bill Bullard, Jr Chairperson FISCAL NOTE (MISC. 1,06161) August 31, 2006 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - FY 2006 REGIONAL REGRANTING ADMINISTRATIVE SERVICES PROGRAM GRANT ACCEPTANCE - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS 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 $10,600 for administrative services relating to its Regional Regranting Services Program for Fiscal Year 2006. 2. The FY 2006 grant award is the same as the FY 2005 grant award, $2,830 more than the application amount of $7,770, and $2,600 more than anticipated in the FY 2006/2007 Budget. 3. The funding period for the grant is October 1, 2005 through September 30, 2006. 4. Local In-Kind Match in the amount of $10,600 consisting of salary costs is required on a dollar-for-dollar basis and is available in the FY 2006/2007 Economic Development & Community Affairs/Arts, Culture & Film General Fund Budget. 5. A budget amendment to the Fiscal Year 2006/2007 Special Revenue Budget is recommended as follows: Arts Culture & Film Fund (#29210) Reveune 1090108-166000-631764 Regrant Operational Support Expenditure 1090108-166000-731241 Miscellaneous FY 2006 $2,600 $2,600 -0- FINANCE COMMITTEE :7-744r/C4 • 4eelff FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #06161 August 31, 2006 Moved by Palmer supported by Zack the resolutions (with fiscal notes attached) on the Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gershensen, Hatchett, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, were ad6pted (with accompanying reports being accepted). I 111111Y APPROVE IRE KIEGOOE RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 August 31, 2006, 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 31st day of August, 2006. RetisttintAn, County Clerk