HomeMy WebLinkAboutResolutions - 2006.08.31 - 28082August 31, 2006
MISCELLANEOUS RESOLUTION 106162
BY: PLANNING AND BUILDING COMMITTEE, CHARLES PALMER, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - FY 2006
REGIONAL REGRANTING 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 $31,700 for 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 is $4,100 less than the FY 2005 award; and
WHEREAS no County Match is required for the grant award; and
WHEREAS 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 Services Program
Grant Agreement with the Michigan Council for Arts and Cultural Affairs
in the amount of $31,700.
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 14:34:39 -0400
From: "Greg Givens" <givensg@co.oakland.mi.us>
Subject: GRANT REVIEW SIGN OFF - Office of Arts, Culture & Film / REGRANTING
To: "Larry Doyle' <doylel@co.oakland.rni.us >, "Kristie Everett Zamora' <zamorak@co.oakland.mi.us>, "Keller,
Wayne" <kellerw@co.oakland.mi.us >
Cc: "Jody Hall" <halljs@co.oakland.mi.us>
GRANT REVIEW SIGN OFF — Economic Development & Community Affairs
GRANT NAME: FY 2006 Regional Regranting Services Program — REGRANTING
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 Corporation Counsel have provided comment for contract modification. The modifications
required by Risk Management and Corporation Counsel must be incorporated into the contract agreement 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 Corporation Counsel's
comments. This signature is to acknowledge the required modifications are 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 sell-tnsurance.> insuring, as they may appear, the interests of the parties to
this-Gfafit--Agfeement: 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 and Safety are made to the contract /
cooperative agreement being signed by the Board Chair.
Department Director Date
Corporation Counsel: The above-referenced grant is approved pending two modifications:
1. In Section 9 ("Limitation of Liability"), paragraph two, liable is spelled wrong. It was spelled "liablie".
2. In Section 8 ("Grantee's Liability"), the Grant Agreement requires the County to "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." We need to negotiate a change
of language with the Art Council regarding this issue.
- Jody S. Hall (8/7/2006)
This is to certify that the required changes noted by Corporation Counsel are made to the contract /
cooperative agreement being signed by the Board Chair.
Department Director Date
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. http://www.whitehouse.a,ov/omb/circulars/a087/a87_2004.html
• Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976"
http://www.legislature.mi.gov/(un3lxgeltmri5z55z2uiwv45)/mileg.aspx?page=getobject&objectname=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.gov/(un3lmieltmrj5z55z2.uiwv45)/miletz.aspx?page=getoblect&objecmame —rn cl
-Act-278-of-1980&query i d =14718870
MCA 5 (02/06)
fed std cty
Michigan Department of History, Arts and Libraries
MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS
1.
GRANT AGREEMENT FOR ARTS SERVICES
Control #: 06RR0024RG
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; Sec. 403(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, 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:
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 10/01/06 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.
Of the amount provided herein, $1,400 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 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 531.700 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:
$20,775.00 1/10/2006 Upon processing of signed agreement
$10,925.00 4/15/2006 Upon receipt of 3rd round funding plan, apps, and reviewer list
12/31/2006 Final Report as stipulated in 06RR0023SV
Grant Agreement for Arts Services
Control #: 06RR0024RG, 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 Depai tinent 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 #: 06RR0024RG, 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
By:
'ecutive Dir
Grant Agreement for Arts Services
Control #: 06RR0024RG, 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 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.
MI COVIICILADR ARTS AND CULTURAL AFFAIRS Oakland County
By:
Bill Bullard, Jr
Chairperson
FISCAL NOTE #06162 August 31, 2006
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - FY 2006
REGIONAL REGRANTING 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 $31,700 for its Regional Regranting Services
Program for FY 2006.
2. The FY 2006 grant award is $4,100 less than the FY 2005 grant
award and $6,500 less than anticipated in the FY 2006/2007
Budget.
3. The funding period is October 1, 2005 through September 30, 2006.
4. No County Match is required for the Regional Regranting Services
Program.
5. A budget amendment to the Fiscal Year 2006/2007 Special Revenue
Budget is recommended as follows:
Arts, Culture & Film Fund (#29210) FY 2006
Reveune
1090108-166000-615255 Arts Council $(6,500)
Expenditure
1090108-166000-731598 Regranting Program $(6,500)
-0-
FINANCE COMMITTEE
)7-4/-Zn67(
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #06162 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 adopted (with accompanying reports being accepted).
pros
I EBY APPROVE THE FORMA MOURN
/
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.
Rut+vi-John*n, County Clerk