HomeMy WebLinkAboutResolutions - 2007.08.30 - 28382PLANNING AND BUILDING COMMITTEE x_coz_c
MISCELLANEOUS RESOLUTION #07196 August 30, 2007
BY: PLANNING AND BUILDING COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS,
CULTURE & FILM - FY 2007 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 $6,800 fcr administrative services relating to
its Regional Regranting Services Program for Fiscal Year 2007; 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 2007 Regional Regranting Services Program grant
award for administrative services is $3,800 less than the FY 2006 award
and the FY 2007 application; and
WHEREAS Local In-Kind Match in the amount of $6,800 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 2007 Regional Regranting Administrative
Services Program Grant Agreement with the Michigan Council for Arts and
Cultural Affairs in the amount of $6,800,
BE IT FURTHER RESOLVED 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 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 & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
GRANT REVIEW SIGN OFF — Office of Arts, Culture & Film
GRANT NAME: FY 2007 Regional Regranting Services Program - Administration
FUNDING AGENCY: State of Michigan — Michigan Department of History, Arts and Libraries
DEPARTMENT CONTACT PERSON: Kristie Everett Zamora 18-0415
STATUS: Grant Acceptance
DATE: August 10, 2007
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 continents) may be
requested to be placed on the appropriate Board of Commissioners' committee(s) for grant
acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (08/07/2007)
Department of Human Resources:
Approved by HR. — Jennifer Mason (08/07/2007)
Risk Management and Safety:
Approved By Risk Management - Andrea Plotkowski (08/10/2007)
Corporation Counsel:
There are no outstanding legal issues concerning the two grants from the Michigan Council for
the Arts. . Joellen Shortley (08/10/2007)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a
list of these specifically cited compliance related documents for this grant.
Federal Office of Management and Budget (0M13) Circular No. A-87, A-102, and A-
133
h ttp://www.wh Rehouse. gov/omb/circulars/index.html
Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976"
htio://www.leaislature.mi.gov/(1431xgeltmri5z55z2uiwv45)/mileg.aspx?page=getobject
&objectname=rnel-Act-453 -of-1976&quervid=14718540
State Contracts with certain employers prohibited (Act 278 of 1980)
htto://www.legi s I ature m .gov/(S(hoeiva45v3bbknisOimuzpak))/m ile g. as px?pa
ect&obiectName—mcl-Act-278-of-1980
MCA 5 (08/06)
state std cty
Michigan Department of History, Arts and Libraries
MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS
1.
GRANT AGREEMENT FOR ARTS SERVICES
Control #: 07RR0023SV
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 11, 2007 and mutually agree as follows:
Authority
This Grant Agreement is executed under authority of Sec. 11(6)(b) of the History. Arts and Libraries Act, 2001 PA 63,
MCL 399.711 and Article 9, Sec. 403(4) of 2006 PA 345.
2. Grant Agreement Period
The period of this Grant Agreement shall be from October 1,2006 and extending to October 31, 2007, unless prior
termination is effectuated by the Council pursuant to Section 7.
3. Project(s) Funded
Beginning on October 1, 2006, 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 10/01/07 and 10/31/07., 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 2007 Council Program Guidelines, which are incorporated herein and are made part of this
Grant Agreement by reference.
Grantee agrees to both of the following:
(a) That the grant awarded through this Grant Agreement to Grantee will not be used to fund a project or an activity
that includes a display of human waste on religious symbols, a display of a sex act, or a depiction of flag desecration.
(b) That the grant funding received by Grantee under this Grant Agreement will not be used to create or promote a
specific work that includes a display or depiction for which funding is prohibited above.
Grantee understands that the Council shall withhold undistributed grant payments from Grantee if Grantee violates any of
the prohibitions listed in the preceeding paragraph, and further, that if Grantee violates any of the prohibitions, Grantee
may be disqualified from awards of future grants for a period of up to three years.
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 $6,800 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:
$6,200.00 7/10/2007
$600.00 12/31/2007
Upon processing of signed agreement
Upon council approval of final report due 11/30/07
Grant Agreement for Arts Services
Control 07RR0023SV, 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 or self-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 liable 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 #: 07RR0023SV, 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 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
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Grant Agreement for Arts Services
Control #: 07RR0023SV, Page 4
persons employed in similar activities. Furthermore, 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 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 Labor and Economic Growth pursuant to the State Contracts with Certain
Employers Prohibited Act, 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, including all of the following:
(A) How the project supported achieving the Council's intended goals and outcomes for each program;
(B) How the project met the quantifiable measures of success in meeting the goals and outcomes.
(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, 2007.
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 DEPARTMENT OF HISTORY, ARTS AND LIBRARIES Oakland County
By:
Bill Bullard. Jr
Chairperson
August 30, 2007
FISCAL NOTE (MISC. #07196)
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS,
CULTURE & FILM - FY 2007 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 Xi:1-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 $6,8CC for administrative services
relating to ts Regional Regranting Services Program for
Fiscal Year 2007.
2. The FY 2007 grant award is $3,800 less than the FY 2006
grant award and the FY 2007 application amount of $10,660,
and $3,806 less than anticipated in the FY 2007 Budget.
3. The funding period for the grant is October 1, 2006 through
September 30, 2007.
4. Local In-Kind Match in the amount of $6,800 consisting of
salary costs is required on a dollar-for-dollar basis and
is available in the FY 2007 Economic Development &
Community Affairs/Arts, Culture & Film General Fund Budget.
5. A budget amendment to the Fiscal Year 2007 Special Revenue
Budget is recommended as follows:
Arts Culture & Film Fund (42921C)
Revenue
1090108-166006-631764 Regrant Operation Support $(3,800)
Expenditure
1090108-166600-731241 Miscellaneous $(3,800)
$ -0-
F,INAN -- CO MITT
Finance Committee Vote:
Motion carried unanimously on a roll call vote with Woodward absent
F/e-r/07
Resolution #07196 August 30, 2007
Moved by Gosselin supported by Woodward the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Suarez, Woodward, Zack, Bullard. (25)
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).
Y APPROVE THE FOREGOING REMOTES
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 30, 2007,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of theAunty oWakland at Pontiac,
Michigan this 30th day of August, 2007. _ .114 1 1 19 $11104"0"
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Ruth Johnson, County Clerk