HomeMy WebLinkAboutResolutions - 2009.04.23 - 9683DING COMMITTEE PLANNING
MISCELLANEOUS RESOLUTION #09087 April 23, 2009
BY: PLANNING AND Bill WING COMMITTEE, JOHN SCOTT, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS,
CULTURE & FILM — FY 2009 REGIONAL REGRANTING SERVICES PROGRAM GRANT
ACCEPTANCE — MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentleman:
WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland
County $30,100 for its Regional Re-granting Services Program for Fiscal Year 2009; and
WHEREAS the Regional Re-granting/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 2009 Regional Re-granting Services Program grant award is the
same amount as the FY 2008 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 2009 Regional Re-granting Services Program Grant Agreement with the Michigan
Council for Arts and Cultural Affairs in the amount of $30.100.
BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of
Oakland, is authorized to execute said agreement
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 Committe_e_loove the adoption of
the foregoing resolution.
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Capella absent.
GRANT REVIEW SIGN OFF — Arts & Culture
GRANT NAME: FY 2009 Regional Regaining Services Program — REGRANTING
FUNDING AGENCY: Michigan Department of History, Arts and Libraries, Michigan Council
for Arts and Cultural Affairs
DEPARTMENT CONTACT PERSON: Kristie Everett Zamora 8-0415
STATUS: errant Acceptance
DATE: March 18, 2009
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' comituittee(s) for grant
acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van. Pelt (3/9/2009)
Department of Human Resources:
Approved. — Cathy Shallal (3110/2009)
Risk Management and Safety:
Approved. - Andrea Plotkowski (3/1712(309)
Corporation Counsel:
There are no outstanding legal issues. Please note the first 2 payment dates listed in the grant have
already passed. — Joellen Shortley Blaszczak 011712009)
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 Matuigement and Budget (01Y1B) Circular No. A-87, A-102, and A-133
Littp://v,rww .wlaitehou.selsiviombieireulars/inclexhteal
Michigan Elliott-Larsen Civil Rights Act "Act 453 of 1976"
http://,,vvrw le gi slature.rai eeltred5 z557,2 ui w v45 asp): ?_p ge----2.-eto b iect& objecta
ame=mel-Act -453 -of-1976&quearid=14718540
Michigan State Contracts with Certain Employers Prohibited — Act 278 of 1930
htt_p .iegislatureani Ravi( S(ealra4 0s21355))/u3iLe_giae--etObjectScobj
ectName--inc1-Act-278 -of-1980
Michigan Council for Arts and Cultural Affairs
-Minigrant Funding Plan - IN09
Region 2 - Oakland County Office of Arts, Ctriture & Film
Control -if Applicant Name City & County Activity
09R.R24RG-l02 Detroit Chamber Winds ec Strints Southfield, Oakland Trov School Residency
09R R24RG- I 03 Detroit Dance Collective Royal Oak, Oakland 'I -he Power of "Green"
09RR.2443-104 Farmington Pub/in Schools l'arminglton, Oakland Dance Residency - Eisenhower Dance Ensemble
09RR24R6-105 Villaoe of I lolly DDA Holly. Oakland Dickens Festival
09RR2•RG-106 "Huron Valley Council for the Arts Highland, Oakland Student Enrichment Series
09R R24RO-108 M ichigari Classical Ballet Com an - Bloomfield I lills, Oakland Nutcracker Knowledae
09RR24RG-109 Orion Township Public Library Lake Orion Oakland Second Sunday Concert Series
09RR1 413,G- l I 0 Stagecrafters Royal Oak, Oakland .kS.1 interpreted Theatre Outreach .
09RR24RG-202 Cantata .Acaderny Chorale Royal Oak. Oakland Lux Aterna Choral Concert with Orchestra
09RR24-R0-203 Crofoot Elementary Scbools Pontiac, Oakland Chamber Music Residency
09R.R24-11G-205 City of Farmington Hills Cultural .Arts Farm ington H ills, Oakland Farmington Area Festival of the Arts
Division
09KR24RG-206 Great Lakes Chamber Music, Festival Southfield, Oakland Artistic Encounters
09RRIIRG-2 'II Motor City Brass Band Southfield, Oakland Lamphere Residency
09.R.R24.RG-.213 Guest House ." Scripps Lake Orion, Oakland Artist in Residence Program
09RR24RG-214 Stafaecrafters Royal Oak, Oakland 1000 Hats Youth Improvisation Program -,
09R R24RG-217 Vil lage Fine Arts Association Milford, Oakland Poetry Art Night (PAN)
09RR24RG-213 Water Works Theatre Company Royal Oak, Oakland .lvlacbeth
TOTAL *** 21,4,1, '4**
Amount: Coate; Stipulation:
.„ MC A .5 (09/08)
fed std ct)'
• Michigan Department of History, Arts and Libraries
MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS
1.
GRANT AGREEMENT FOR ARTS SERVICES
Control : 09RR0024RG
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 November 25, 2008 and mutually agree as follows:
Authority
This Grant Agreement is executed under authority of Sec. 11(6) of the History, Arts. and Libraries Act, 2001 PA 63, MCL
399.711; Sec_ 403(4) of 2007 PA 117; and 20 USC 954(0.
2. Grant Agreement Period
The period of this Grant Agreement shall be from October 1. 2008 and extend to September 30, 2009, unless prior
termination is effectuated by the Council pursuant to Section 7.
3. Project(s) Funded
Beeinning on October 1, 2008, Grantee shall;
Provide grant awards to eligible Michigan non-profit applicants in Regional R.egranting Region 2, whose projects meet
MCACA's Minigr. ant prop-am guideline requirements and are approved by the regranting agency for funding up to $4,000
on a matching basis, with no Council funding reganted between 10/01/09 and 10/31/09., as more specificulty set forth in
the grant application or revised 'grantee information form', which is incorporated herein and made part of this Grant
Agreement by reference.
Of the amount provided herein, $2,200 are federal funds provided to the Council by the National Endowment for the Arts.
Grantee shall comply with all financial and other requirements as outlined in the 2009 MCACA Grant Program Guidelines.
which are incorporated herein and are made part of this Grant Agreement by reference,
Grantee understands and agrees that:
(a) Artistic excellence and artistic merit are criteria by which applications are judged, taking into consideration general
standards of decency and respect for the diverse beliefs and values of the people of Michigan.
(b) Obscenity is without artistic merit, is not protected speech, and will not be funded by a grant awarded by the .
Council and supported with State appropriations.
Grantee understands that the Council shall withhold uudistributed grant payments from Grantee if Grantee violates any of
the requirements for funding listed in the preceding paragraph, and further, that if Grantee violates any of the requirements,
Grantee may be disqualified from awards of future grants for a period of up to three years,
4. Category Specification
The Grantee Is eligible for this gum in the Regional Regaining category.
5. Terms and Conditions or Payment
The Council shall pay the Grantee an amount not to exceed $30,100 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. lithe 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:
$13.400.00 12i12/2008 Upon pr essing or signed agreement i
I $16,700.00 4/151200g Upon receipt of 2nd round funding plan. apps, and reviewer list I 1
12/31/2009 Final Report as stipulated in 09RR0023SV 1 l_____
Grant Agreement for Arts Services
Control 0: 09RR0024RG, 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 and may terminate this Grant Agreement pursuant to Section 7.
The payment amounts set forth in this section shall, at a minimum, be matched on a dollar-for-dollar basis from local
and/or private sources. The 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 State Legislature 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 famish and maintain during the term of this Grant Agreement public liability, property damage, and
workers' compensation insurance or self-insurance. 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 soli 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 subgantee 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 parry M 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.
Gfarit Agreement for Arts Services
. Control 4.: 09RR0024R.G, 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
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 acialowleclgment 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, 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 make these documents available for examination and audit by appropriate
agents of the State andfor 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 OlvlB Circular
A-21, 'Cost Principles for Educational Institutions' or 0lvLE1 Circular A47, '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 OlvlB 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, tv1CL 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 al 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
Grunt Aereernent for Arts Services
Control tb: 09RR.00.24RO, Pace 4
persons employed in similar activities. Furthermore, no part of any project or production which is financed in whole or in
part under this gain 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 he prima facie evidence 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 423.32i et seq.
16. Reports
The Grantee shall furnish the following report or 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, including grant matching find amounts;
(ii) Number of patrons attracted or benefiting during the grant period; and
(iii) A narrative summary of the projeet and its outcome.
(b) If the Grantee is receiving a grant greater than S100,000 under this Grant Agreement, the Grantee shall also
submit an interim report indicating the information identified in paragraph (a), by April 7, 2009.
Failure to submit the above-described reports in a timely manner may void Grantee's claim to funds under this Grant
Aereement.
17. Reviews and Evaluations
In order to provide members of the Council, appropriate Council evaluators 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.
IS. 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.
19, 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 wrritten 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.
Ml DEPARWENT OF HISTORY, ARTS AND LIBRARIES Oakland County
Ml Cff. . FOR ARTS AND CULTURAL AFFAIRS
-114 1,e
yr ey
we 5irector
Bill Bullard, Jr
Chairperson
Date: I Date,
phIA, E COMMITTEE
_
I.
FISCAL NOTE (MISC. #09087) April 23, 2009
BY' FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS,
CULTURE & FILM — FY 2009 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
$30,100 for its Regional Re-granting Services Program for FY 2009.
2. The FY 2009 grant award is the same amount as the FY 2008 grant award and
the FY 2009 Budget.
3. The funding period is October 1, 2008 through September 30, 2009.
4. No County Match is required for the Regional Re-granting Services Program.
5. No budget amendment is required.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #09087 April 23, 2009
Moved by Zack supported by Capelio the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted).
AYES: Burns, Capella, Douglas, Gershenson, Gingelf, GoSsetin, Greimei, Hatchett, Jackson,
Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Schwartz, Scott, Taub, Woodward,
Zack. Bullard. (22)
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).
I HEREBY APPROVE THE TORGOING RESOLUTION
ACTING PURSUANT TO 1973 PA 139
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 April 23,
2009, 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 23rd day of April, 2009.
e/A
Ruth Johnson, County Clerk