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HomeMy WebLinkAboutResolutions - 1989.12.14 - 17337OAKLAND COUNTY CULTURAL COUNCIL RULES OF PROCEDURE ARTICLE I The name of the organization shall be the Oakland County Cultural Council, hereinafter referred to as "the Council." ARTICLE II Purpose It is the purpose of the Oakland County Cultural Council to sponsor and encourage cultural and educational activities in Oakland County in cooperation with the Department of Cultural Affairs. The Council shall promote and encourage cooperative planning, research, fund-raising and public education programs, exhibit objects of art and other cultural artifacts, and undertake such other services and programs deemed necessary to encourage participation and appreciation of arts by all citizens of the County and shall undertake such other cultural related purposes as may be appropriate. The Council shall cooperate with other cultural and educational organizations in the County and shall encourage the formation of new groups in the arts within the County; thus developing talent and appreciation of the arts. ARTICLE III Membership The membership of the Council shall be appointed by the Oakland County Executive with the concurrence of the Board of Commissioners. The Council shall consist of no more than twenty members. A member of the Council who misses three consecutive meetings without prior excuse shall be deemed to have resigned his/her membership on the Council causing a vacancy to be created, which shall be filled as described above. ARTICLE IV Powers All of the powers of the Council shall be vested in the Council as a body which shall determine all policies and conduct the business of the Council. The Council shall approve all expenditures relating to grant funds, applied for and received in the name of the Council, except those funds under $100, which may be temporarily approved by the director of Cultural Affairs. All expenditures must be in accordance with Oakland County budgeting and accounting procedures. December 14, .19 .89 MISCELLANEOUS RESOLUTION 89350 BY: PUBLIC SERVICES COMMITTEE, RICHARD D. KUHN, JR., CHAIRPERSON IN RE: OAKLAND COUNTY CULTURAL COUNCIL- • RULES OF PROCEDURE AMENDMENTS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Cultural Council was organized by the Board of Commissioners in 1977 as an advisory council to sponsor and encourage cultural and educational activities in Oakland County in cooperation with the Department of Cultural Affairs; and WHEREAS from time to time the Council deems it necessary to amend and update its Rules of Procedure, with the addition of a new Executive Board member to address minority needs, and/or to change the meeting date to accomodate volunteer Board members; and - WHEREAS the Council, whose members determine the art services/programs that should be instigated from grant monies written on their behalf, have determined that the coordinator be permitted to purchase items for said programs up to $100 without the quorum consent of the full Council, said expenditures being in accordance with Oakland County budgeting and accounting procedures; and WHEREAS these "housekeeping" items have been approved by the Oakland County Cultural Council at their full Council meeting on April 11, 1989, as stated in the Minutes of that meeting. BE IT THEREFORE RESOLVED that the Board of Commissioners approve the amended By-Laws as attached. Mr. Chairperson, on behalf of Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE ARTICLE V Meetings Regular meetings shall be held once in each calendar quarter. Time, place and date shall be established by the Chairperson of the Oakland County Cultural Council. Special meetings may be called by the Chairperson or by petition of 20% of the members in writing. All members will be notified of each meeting at least five days prior to the meetings. There shall be an annual meeting held in January of each year for the purpose of electing the Executive Board, with the exception of the Chairperson. At such a meeting a general report of the activities of the Council for the year preceding shall be given. Minutes of each meeting shall be taken and distributed to the members prior to the next meeting. Each member shall be entitled to vote on issues arising at each meeting. A majority of the active membership shall constitute a quorum and the Rules for the Oakland County Board of Commissioners shall govern the procedures at all meetings except as otherwise herein stated. ARTICLE VI Executive Board There shall be an Executive Board which shall consist cif eight members, including Chairperson, Vice-Chairperson, Secretary/Treasurer, and five at-large members. The election of members for the Executive Board will follow procedures adopted by the full Council. The Executive Board shall meet at least seven times each year alternating with full Council meetings. The date, time and place of the meeting shall be established by the Chairperson. The Executive Board shall act for the Council and shall carry out the duties of the Council provided that any action taken by the Executive Board shall be reported to the membership at the next meeting. ARTICLE VII Officers The officers of the Council shall be a Chairperson, Vice-Chairperson, and Secretary/Treasurer. The Chairperson shall be appointed by the Oakland County Executive, with the concurrence of the Board of Commissioners. All other officers shall be elected from the members of the Executive Board at their first meeting following the election of the Executive Board. Acting officers will serve until replaced or re-elected. The terms of office for all officers shall be for one year ending at 12 o'clock midnight on December 31 of each year. Vacancies in the position of the Executive Board shall be filled by majority vote of the full Council. ARTICLE VIII Duties of Officers The Chairperson shall preside at all meetings, and shall make an annual report of the Council activities at the annual meeting, and shall perform all functions usually performed by the Chairperson of an organization. The Secretary/Treasurer shall cause to be maintained an accurate record of all official proceedings. The Secretary/Treasurer shall maintain records or cause to be maintained records of all Council finances, and shall make such monthly reports as may be required by the Chairperson, and shall make an annual report at the annual meeting. The Vice-Chairperson shall preside at all meetings in the absence of the Chairperson and be ex-officio member of all committees. ARTICLE IX Sub-Committees Sub-committees of the Council shall be appointed by the Chairperson for special projects of the Council. Committee appointments will be for a specific time, but in no case longer than until the expiration of the term of the Chairperson. Each Committee shall be given a written outline of its duties and authority. ARTICLE X Coordinator The Cultural Council Coordinator shall be appointed by the County Executive and shall be responsible for carrying out the directives of the Council in conjunction with the County Executive or Board of Commissioners. ARTICLE XI Fiscal Year The fiscal year of the Council shall be the same as that of the County of Oakland. ARTICLE XII Amendments These Rules of Procedure may be amended at any full Council meeting by a 2/3 vote of the total members present. Notice of any proposed amendment shall be submitted in writing to the Council members 30 days prior to the meeting at which that amendment is voted upon. All amendments must be approved by the Board of Commissioners. ARTICLE XII Actions in Conflict These Rules shall not permit the Council to take any action in conflict with any policy or resolution adopted by the Board of Commissioners. - COUNTY MICHIGAN DEPARTMENT OF CORPORATION COUNSEL Daniel T. Murphy, Oakland County Executive Jack C. Hays, Director 858-0557 Linda E. Wasielewski, First Assistant 858-0553 Gordon R, Wyllie 858-0555 Donald F. Slavin 858-0554 John F. Ross, Jr. 858-0558 Karl W. Randail 858-0556 Michael Blaszczak 858-0551 FAX (313) 8581003 MEMORANDUM TO: RICHARD D. KUHN, JR., Chairperson, Public Services Committ FROM: LINDA E. WASIELEW-le First Assistant Cokporà'ttion Counsel NJ DATE: November 21, 1989 RE: Oakland County Cultural Council Rules of Procedure Amendment I have had an opportunity to review the proposed changes to the Rules of the Council, together with the back-up information provided by Virginia DeBenham Rodgers. The new propossed Rules of Procedure contain amendments to the current Rules which could be deemed "housekeeping" items. These changes do not alter the power of the Cultural Council nor their method of appointment. This office recommends Board approval of the Cultural Council's Rules of Procedure as amended. LEW/egm cc: Ms. Virginia DeBenham Rodgers Court Tower - West Wing • 1200 North Telegrart-• Road • Pontiac. Michigan 48053 • (313) 858-0550 RESOLUTION # 89350 December 14, 1989 Moved by Richard Kuhn supported by Pappageorge the resolution be adopted. AYES: McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell, McCulloch. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of the attached resolution, adopted by the Oakland County Board of Commissioners at their regular meeting held on December 14 , 19 89 with the original record thereof now remaining on file in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac,Michigan this 14th day of Dprpmner, 89 LYON D. ALLEN, Cou ty Clerk Rtgister of Deeds TeTTIT7-7e77 IInit ,r/XX IIIMM1m, ifki ircttlaaril:trFil sounc r funded activity. turned by above tions will not be c) Revised; Budget Changes If yes, explain in attachment to Section 6. X FINAL REPORT \TION SUPPORT Due E The Contract for Arts Services requires a Your final payment cannot be made until t due date, you will be invoiced for a refu processed. Read the instructions carefully. Type th SECTION 1 ORGANIZATION INFORM.-.... GRANTEE Oakland County Cultural Council 89P001 1200 North Telegraph Road Pontiac, MI 48053 , _ TELEPHONE OFFICE HOURS (313) 858-0415 8:30 - 5 OFFICIAL AUTHORIZING REPORT TITLE Roy Rewoid Chairman-Bd of Commissioner EVALUATOR COMPLETING REPORT TITLE Virginia DeBenham Rodgers Director - CuJtural Aff - Enter changes of board chairperson, authorizing official, contact person, other personnel, addresses, telephone numbers and hours available. SECTION 2 CONTRACT COMPLETION STATUS Check box to show actual status of the Contract. Yes No Status Accomplished as Contracted Accomplished with Changes Modified; Partial Refund Explanation yes, explain in Section 3. a. Refund $ MCA 66 R 6/88 Department 31 Management and Budget -1- d. Management Capability (cont'd.) Budgeting Q On target! Only regret is the lack of funding for all mini-grants. 95% of those applications sub- mitted are worthwhile and should be funded, but, for example, when you have 15 applications totalling requests for over $30,0( and only $9,300 to distribute in one cycle, it is very difficull to reject these fine applications. This has initiated a furthe] service of helping them to find other sources. In addition, of] 1 day to day budgeting, we work with an assigned 'budget analyst. . !Staffing/Volunteering 5 , In addition to our Board of 20 member: : we have community resource represtatives (55) and a staff of 2 panl I time, 2 full time people. County services, word processing, secre: 'tarial pool, maintenance, etc. additionally add to a "smooth-run". : le'd be a "10" if allowed a full time secretary! , , 'Activities Implementation ,- 8 — Our Master Plan calls for some elaborate and exciting projects - all of which take time and money and cannot be completed in the hoped-for time frame. However, service being our main effort - , we accomplish much in the name of the arts and the artist. . --, — - e. Financial Accountability 9 In this effort we would also be a 10 if we were able to no longer be required to seek arts organizational support! The amount re- ceived and the amount of time required indicates an effort that is not accountable. The County continues, and increases„ its support each year and thank realizes the importance of the arts to their constituents. f. Community Support 10 Outstanding community support and do to the Mini-Grant program, we have become far more visible. That is a 2 way street, however. Recipients of the funding are most grateful and those rejected, understandably are not. Recently, as chairman for the Oakland County "Art Attack", 1 have seen excellent cooperation in each community, the schools, churches, etc. They seem in agreement that the arts are important and are willing to write the letters, attend the 5/9 function -- an exam:sle of our •„ood communit su!!ort. g. Community Service 9 Our resource reps are faithful in their providing us with the events hap pening in their c ommunities, thus allowing us to have a full calendar o events and ARTSLINE. They feel free also to call upon our organization to speak, to hold workshops, etc. Libraries have been most receptive to allowing our mini-grants workshops in their facilities. Our recent broc sent county-wide has evoked much interest from, for example: theMayor of Wixom asking how they can do something in the arts there! Our exhibits are attended by every corner of the County, and we try to exhibit the works of councils, organizations in the far-reaching areas of theCounty as well as the Birmingham-Bloomfield artist. 0 fullI nure -3- Rate, quantify and explain items. Rate in box to the left using the following scale: 1-3 = Unacceptable 4-7 = Acceptable 8-10 = Excellent. Rating Quantity Examples Explanation a. ACTIVITIES Measurable results of operation Arts products produced Added a Native American sec 8 # 1 (Painting, dance, etc.) to "Art in the Box" 9 12 Arts events # (Performance, exhibit, etc.) Exhibits at the County Gall b. ARTISTS Extent artists involvement Direct financial support Governmental agency. No di 6 (Funds paid Michigan artists) report but art pieces sold Direct financial support totally artists remuneratio (Funds paid non-Michigan artists) Most artists are Michigan, o them -. - 4 .11,- f Number of paid artists (Michigan or otherwise) Again, this is a SERVICE or zation. Thc only actual mo Total number of artists given artists is an occasioi # 120 exhIloiterlor aid and non-paid artists) County art purchase. (3 - 5- t c. PERSON BENEFITING Indicate numbers benefiting 48 Mini-Grants awarded! Directly participating 8 grants workshops a year w 10 # Unknown (Class, workshop, etc.) approx. 75 attending. Unkn 75 wks pJ how many-Tiasses with Art i Participating as audience if 1300 Gal eria (Live audience only) the Box now - in all schoo1. institutional programs, Sta Experience via media (Broadcast 4-H, etc. Allowed recipien - # lmil plus newspapers, publication, etc.) copy . Total Persons Benefiting With each granting period, lmil plus (Add the above three) workshop,media list sent=70 ,prcss relcaccs. Pluc colon d. MINORITY REPRESENTATION Artsline. Indicate portion of above number of Persons Benefiting Directly participating Again countywide. Majority # 750 ( (Class, workshop, etc.) ,minority programs in Pontia Participating as audience Southfield. Large number o # 5,000 (g (Live audience only) exhibits are minority invol Involved in planning # 4 on staff (Committee, staff, etc.) Cultural Council and Resour 12 r omm i t- t• PP Involved in implementation #cluess= 65 (Presentors, etc.) All of the above involved ion ria ect re - ost ani- Iey la 1 ith own 37 tAeWi( tS to xhib: ar & of c & f our ved. ce Rei SECTION 5 CONTRACT IMPLEMENTATION STATISTICS Double check that remarks provided support your Section 5 ratings. EXPENSES Cash 1. Personnel-Administrative $ 2,5-00. fringE 38,202.00 2. Personnel-Artistic . includes fr. added graphic artist mid-year 35,12.3.00 3. Personnel-Technical/Production 1,200.00 4. Outside Artistic Fees and Services Marketing 5,758.00 5. Outside Other Fees and Services Marketing 2,408.33 6. Space Rental 4,874.00 7. Travel 2,292.00 1 8. Marketing (Publicity, Promotion) 5,855.00 9. Remaining Operating Expenses 10. Regranting monies (pass through) 1 28,000.00 10. TOTAL CASH EXPENSES 100,212.00 includes pass through - 128,212.00 1. SURPLUS (DEFICIT)* $ -- Total Cash Revenue less Total Cash Expenses. ARTISTS PAYMENTS Total paid to artists. 39,531.00 Total paid to Michigan artists. $ 39,531.00 CERTIFICATION AUTHORIZING OFFICIAL Mail form to: Retain a file copy. ADMINISTRATION Michigan Council for the Arts 1200 Sixth Street Detroit, MI 48226-2461 MCA 5 (R 8/87) MICHIGAN COUNCIL FOR THE ARTS Department of Management and Budget CONTRACT FOR ARTS SERVICES Control # 90 P 001 CONTRACT made on 01/30/90 between the Michigan Council for the Arts, a state agency, hereinafter referred to as "Council", and OAKLAND CO CULTURAL COUNCIL, hereinafter referred to as "Contractor", who hereby agree as follows: 1. CONTRAC.I. TERM This Contract shall terminate on 09/30/90, unless prior termination is effectuated by the Council pursuant to section 4 herein. 2. SERVICES Contractor shall provide the following services beginning on 10/01/89: Provide: Ongoing operational support for activities and services that include: County Calleria Exhibits; regranting agency for the Michigan Council for the Arts; Workshops for 225 arts organizations; computer graphics & desk top publishing program; "Art in the Box"; Oakland University intership program; county services that include legal, architectural, accounting, tax, information etc..,; quarterly calendar of events. Contractor shall submit to the Council the date, time and location of any public activities conducted in connection with this Contract. 3. TERMS AND CONDITIONS OF PAYMENT Council shall pay Contractor an amount not to exceed $5,940 on the following dates and in the following amounts, subject to and conditioned upon the Contractor's compliance with the terms and conditions set forth in this Contract. The Council, in its sole discretion, shall determine whether the Contractor has fulfilled these conditions. In the event the Council determines that the Contractor has failed to comply with any of the requisite conditions, the Contractor shall not be entitled to, nor shall the Council be liable for, payment of any inomes listed below: amount & date $5,840 02/23/90 $100 11/30/90 stipulation Upon processing of signed contract Upon Council approval of final report due 10/31/90 The above listed conditions must be met thirty days prior to the indicated payment date in order to provide Council adequate time to process scheduled payments. Failure to comply . with these deadlines will delay payment or may . cause termination of the contract pursuant to section 4 herein. In the event the Legislature fails to appropriate funds or an z.xectitive Order limits or eliminates the Council's ability to make payment, the Council shall be excused from and not be obliged to make such payment. 4. TERMINATION OF CONTRACT BY THE COUNCIL This Contract may be terminated by the Council upon five (5) days written notice to the Contractor if the Council determines that the Contractor has not complied with any of the conditions set forth in this Contract. Upon termination, the Council shall have no further liability or obligation to make payments set forth in section 3. 5. LIMITATION OF LIA1311,Mi` The Council shall not be liable to the Contractor, or to any individuals or entities with whom the Contractor contracts, for any direct, indirect, incidental, consequential or other damages sustained or incurred as a result of activities, actions or inactions on the part of the Contractor for services rendered pursuant to section 2 herein; from the CoUncil's decision not to make payment to the Contractor i-tursuant to section 3 herein; or from termination of this Contract pursuant to section 4 herein. Any liabi ity resulting from activities engaged in by the Contractor shall be the sole responsibility of the Contractor. Contractor agrees to hold the Council and the State of Michigan harmless in the event of any judgment incurred as a result of the activities described herein. 6: Ti II RD PARTIES This Contract is not intended to make any person or entity not a party to this Contract a third-party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor. 7. PROMOTION Contractor agrees to prominently display Council name and logo in printed materials and to include support credit in broadcast promotion as follows: "This activity is supported by the MICHIGAN COUNCIL FOR THE ARTS." When no printed material is used, verbal acknowledgement shall be given prior to each presentation. Copies of printing, photographs, advertising and program materials prepared for this activity must be forwarded to the Council. 8. ACCOUNTING Contractor agrees to 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 four years from the date of the final report; and to make these documents available for examination and audit by appropriate agents of the State and/or Federal Government. Contractor agrees to 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. MICHIcaN COUNCIL FOR THE ARTS ./) By: id BARBARA K. GOLDNIAN Executive Director ROY REVVOLD Chairperson Board of Comm Contract for Arts Services Control # 90 P 001, page 2 9. ADMINISTRATIVE REQUIREMENTS Contractor agrees to comply with the applicable administrative requirements for grants-in-aid as set forth in Federal ONIB Circular A-102, "Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments" or OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals and other Nonprofit Organizations". 10. EQUAL OPPORTUNITY Contractor certifies compliance with Executive Order 79-4 and pertinent State/Federal statutes providing equal opportunity for employment and provision of services. No person shall, on the grounds of race, color, religion, national origin, age, sex or handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any contract, program or activity funded in whole or in part under this contract. Contractor 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 underrepresentation and achieve a reasonably representative work force at all levels of employment; and in all promotional materials, advertisements, and recruiting materials to state their equal opportunity policies and to post notices setting forth the law on equal opportunity and said policies in conspicuous places. 11. ANTI-APARTHEID POLICY Contractor agrees that it does not furnish products to the State originating or manufactured in the Republic of South Africa; does not sell goods or services to the South African military, Department of Cooperation and Development, or national, provincial or local police or prison agencies, unless the firm is a signatory of the Sullivan principles and is in the two highest categories of progress; is not controlled by a South African firm; or shall not enter into a subcontract with an entity' that does not comply with the conditions outlined in this section. 12. REPORTS In addition to requirements which may be made in sections 2 and 3 above, Contractor agrees to submit to the Council a financial statement of expenditures and report of activities in a format prescribed by the Council upon completion of the service period, but no later than THIRTY DAYS following the termination date in section 1 above. Failure to submit this report in a timely manner may void Contractor's claim to funds provided herein. 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, Contractor agrees to admit said individuals to activities without charge and to cooperate with such in-depth reviews and evaluations as may be required. 13. ENTIRE CONTRACT This Contract is governed by the laws of the State of Michigan and supersedes all 'prior agreements, documents and representations between the Council and the Contractor, whether expressed, implied or oral. This Contract constitutes the entire agreement between the parties herein and may not be amended or assigned except by written instrument executed by both parties prior to the termination date set forth in section 1 above. The Contractor agrees to inform the Council in writing immediately of any proposed changes of dates or services indicated herein as well as changes of address or personnel affecting this Contract. If any provision of this Contract shall be deemed void or unenforceable, the remainder of the Contract shall still be valid.