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HomeMy WebLinkAboutResolutions - 1992.03.18 - 20536March 5, 1992 MISCELLANEOUS -RESOLUTION #92035 ' BY: PUBLIC SERVICES COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON IN RE: CULTURAL AFFAIRS - MICHIGAN COUNCIL OF THE ARTS 1991/1992 REGRANTING PROGRAM ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Council of the Arts has awarded $22,420 for the Michigan Council of the Arts Regranting Program; and WHEREAS the award covers the period of October 1, 1991 through September 30, 1992; and WHEREAS $18,200 is for redistribution to artists and the balance, $4,220, is for administrative costs incurred by the County; and WHEREAS no additional personnel are required; and WHEREAS acceptance of this grant does not obligate the county to any future commitment; and WHEREAS the grant contract has been approved by the County Executive's Contract Review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1991/1992 Michigan Council of the Arts Regranting Program in the amount of $22,420. BE IT FURTHER RESOLVED that the Cultural Affairs 1992/1993 Biennial Budget be amended to reflect an increase in revenue and expenditures. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to apprbve minor changes and contract extensions not to exceed fifteen (15) percent variance from the original award which is consistent with the contract as approved. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE I HEREBYAPPROVETHE FOREGOING RESOLUTION 1 Daniel T. Muiphy, unty Executive INtICA 5 (R. 11/91) MICHIGAN COUNCIL FOR AXIS...AND CUITURAL AFFAIRS `--------Michigan State Department of Conwnerc -e--- CONTRACT FOR ARTS SlaWIC ES Control # 92 R 013b CONTRACT made on 12/13/91 between the Michigan Council for Arts and Cultural Affairs, a state agency, hereinafter referred to as "Council", and OAKLAND CO CLTLTURAL COUNCIL, hereinaf:er referred to as "Contractor", who hereby agree as follows: 1. CONTRACT iERM This Contract shall terminate on 09/30/92, unless prior termination is effectuated by the Council pursuant to section 4 herein. 2. SERVICES Contractor shall provide the following services beginning on 10/01/91: Provide grant awards to eligible Michigan non-profit organization applicants in State Planning Region 2 who meet MCA's Mini-Grant Pro-gram guidelines and are approved by the regional regrantmg agency for funding up to 62,000 on a matching basis. Contractor shall submit to the Council the date, time and location of any public activities conducted in connection with this Contract as far in advance of the activity as practical. 3. . TERMS AND CONDITIONS OF PAYMENT Council shall pay Contractor an amount not to exceed $18,200 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 fulfil.ed 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 monies listed below: amount Zr.. date stipulation 313,20002/03/92 Upon processing of signed contract and receipt of Assurances Budget and EOS forms. The above listed conditions must be met thirty days prior ta the indicated payment date in order to provide Council o 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 txecutive 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. FERMINATION 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 fortn 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 LIABILITY 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 pursuant to section 3 herein; or from termination of this Contract pursuant to section 4 herein. Any liability 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 Nficiigan hasmless in the event of any judgment incurred as a result of the activities described herein. 6. TI-DRD 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 promo:ion as follows: "This activiry is supported by the MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS." 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; an'd 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-2I, "Cost Principles for Educational Institutions" or OMB Circular A-87, "Cost Principles for State and Local Governments", whichever applies. Contract for Arts Services • Control #92 R 015b, page 2 9. ADMINISTRATIVE REQUIREMENTS Contractor agrees to 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 to State and Local Governments" or 0N1B 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 Sate 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 lay 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 This agreements, documents and Th representations between the Council and the Contractor, whether expressed, implied or oral. is 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 afgees to inform the Council in writing iMmediately of any proposed changes of dates, budget or services indicated herein as well as changes of address or personnel affecting this Contract. Changes in dates, budget or services are subject to approval of the Council. If any provision of this Contract shall be deemed void or unenforceable, the remainder of the Contract shall still be valid. ,-1 MICHIGAI COUNCIL R THE ARTS By: ,144/;; / • _L.. , .1 - BE I iY6OOE Interim Director. OA KLANDC1 0 CULTURAL COUNCIL ) f By: —/ ROY REWOLD Chairperson Board of Comm , .NICA 5 (R 11/91) MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS Michigan State Department of Commerce CONTRACT FOR ARTS.SER VICES Control # 92 R 015a CONTRACT made on 12/13/91 between the Michigan Council for Arts and Cultural Affairs, a state agency, hereinafter referred to as "Council", and OAKLAND CO CULTURAL COUNCIL, hereinafter referred to as "Contractor", who hereby agree as follows: 1. CONTRACT TERM This Contract shall terminate on 09/30/92, unless prior termination is effectuated by the Council pursuant to section 4 herein. 2. SERVICES Contractor shall provide the following services beginning on 10/01/91: Represent the Council as the contact agency and facilitator for its Regional Regranting Mini-Grant Program for Region 2, the county of Oakland. The regional agency is to send a representative, preferably a staff member, to the Council's annual workshop. Contractor shall submit to the Council the date, time and location of any public activities conducted in connection with this Contract as far in advance of the activity as practical. 3. TERMS AND CONDITIONS OF PAYMENT Council shall pay Contractor an amount not to exceed $4,220 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 shalt the Council be liable for, payment of any monies listed below: amount & date $4,000 01/06/92 $220 11/30/92 stipulation Upon processing of signed contract and receipt of Assurances Budget and EOS form. Upon Council approval of final report due 10/31/92 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 Executive 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 fortli in this Contract. Upon termination, the Council shall have no further liability or obligation to make payments set forth in se ction 3. 5. LIMITATION OF LIABILITY 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 pursuant to section 3 herein; or from termination of this Contract pursuant to section 4 herein. Any liability resulting from activities engaged in by the Contractor shall be the sole responsibility of.the Contractor. Contractor agrees to hold Lae Council and the State of Michigan harmless in the event of any judgment incurred as a result of the activities described herein. 6. THIRD 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 parry 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 ARTS AND CULTURAL AFFAIRS." When no printed material is used, verbal acknowledgement shall be given prior to each presentation. Copies of printing, photographs, advertising and prograrri 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. BETTY BOONE Interim Director ROY REWOLD Chairperson Board of Comm .Contract for Arts Service; - Control # 92 R 015a, page 2 9. ADMINISTRATIVE REQUIREMENTS Contractor agrees to 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 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. II. 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, budget or services indicated herein as well as changes of address or personnel affecting this Contract. Changes in dates, budget or services are subject to approval of the Council. If any provision of this Contract shall be deemed void or unenforceable, the remainder of the Contract shalistill be valid. MICHIGANIOz UN, „CIL F9.5>qHE ARTS OAKICO CULTURAL COUNCIL By: ) By: L.4 • . . Department of Management and Budget 92 C 008 12/06/91 GRANTEE INFORMATION • • - Council policy requires that Grantees must confirm and/or correct application information before a grant contract can be issued. Please draw a line through incorrect data and print changes in red ink. Whether you have changes or not, sign and return the Grantee Information form within thirty (30) days. If this form is not returned within the specified time, receipt of your contract will be delayed or the grant award may be terminated. PLEASE MAKE CORRECTIONS IN RED INK CLIENT INFORMATION Legal Name OAKLAND CO CULTURAL COUNCIL Other Common Name Address 1200 North Telegraph Rd Pontiac MI 48053 Telephone Number (313) 858-0415 Office Hours 8:30- 5 pm Mon-Fri Authorizing Official ROY REWOLD Title Chairperson Board of Comm Board Chairperson Robert Yares Title Chairman Address 500 Pine Road Bloomfield Hills Federal Identification Number 386004876 ACTIVITY INFORMATION MI 48013 Contact Persons Name VIRGINIA RODGERS Title Director Address 1200 North Telegraph Road Pontiac MI 48053 Business Telephone Number (313) 858-0415 Office Hours 8:30am-5pm Mon-Fri Home Telephone Number (313) 626-0109 Office Hours Extension Activity Title Community Arts Councils Start/End Dates 10/01/91 - 09/30/92 Primary County/Region 63 Oakland 169 178 12/06/91 Department of Management and Budget GRANTEE INFORMATION 92 C 008 ACTIVITY INFORMATION CON'T ARTISTS PARTICIPATING Michigan Artists Total Artists INDIVIDUALS BENEFITING Directly Indirectly Via Media Total Paid to MI Artists Paid to Artists 250,000 1,000,000 1,000,000 2,250,000 53,295 5-3-,--2-95 P.z) • Activity Description Provide ongoing operational support for activities and services that include: County Galleria Exhibits; "Art in the Box"; Oakland University intership program; implement business volunteers for the arts in Southeast, Michigan; and quarterly calendar of events "ArtsLine". Tollgate 4-H Educational Center arts program for handicapped and underprivileged.; "Brown Bag Lunch Series (lectures); APPROVED AWARD $2,400.00 Authbrized Official Signature Roy Rewold Authorized Official (please print) Chairman, Board of Commissioners 12/17/91 Title Date Michigan Council for the Arts REVISED BUDGET FY 9--1 ARTS ORGANIZATION SUPPORT Control Number 92r008 Client Name Oakland County Cultural Council The Council requires grantees to return a Revised Budget within thirty (30) days to process a contract. This Budget monitors financial activity. Late subm:ssion results in a delay in processing your contract or grant termination. Instructions: 1. Base the FY 91 Revised Budget on the actual MCA grant. 2. Round off figures to whole dollars. 3. Provide a detailed explanation for each line item on a separate attachment. 4. Refer to attached Budget Definitions. REVENUE Earned Revenue: 1. Admissions 2. Contracted Service Revenue 3. Other Earned Revenue 4. TOTAL EARNED REVENUE (1 + 2 + 3) Unearned Revenue: 5. Corporate Support 6. Foundation Support 7. Other Private Support 8. SUBTOTAL SUPPORT (5 + 6 +7) 9. Government Support/Federal 10. Govt Support/State-Regional 11. MCA Operating Support Award 12. MCA Funding Award(s) 13. Government Support/Local 14. SUBTOTAL GOVT (9 + 10 + 13) 15. Other Unearned Revenue 16. Applicant Cash 17. SUBTOTAL (15 + 16) 18. TOTAL UNEARNED REVENUE (8 + 14 + 17) 19. SUBTOTAL CASH REVENUE (4 + 18) 20. FY 19g5t" MCA GRANT AWARD Not Required Not Required 122,141. 122,141. 4,224. 4,220. $ 126,361. 126,361. 2,400. 21. TOTAL CASH REVENUE (19 + 20) $ 128,761. MCA 36 R 5146 Oertamment of Management and Budget $ 51,471. 50,367. 500. 2,600. 1,015. 8,586. 1,315. 9,765. 3,142. $128,761. $ -O- $ 51,500. $ 51,500 . AUTHORIZING OFFICIAL OATE 12/27/91 EXPENSES 1. Personnel-Administrative 2. Personnel-Artistic 3. Personnel-Technical/Production 4. Outside Artistic Fees and Services 5. Outside Other Fees and Services 6. Space Rental 7. Travel 8. Marketing (Publicity, Promotion) 9. Remaining Operating Expenses 10. TOTAL CASH EXPENSES 11. SURPLUS (DEFICIT) (Total Cash Revenue less Total Cash Expenses.) ARTISTS PAYMENTS Funds budgeted for payment to artists in FY 1994. Funds budgeted for payment to Michigan artists in FY 199". CERTIFICATION I certify this Revised Budget is accurate. Mail to: ADMINISTRATION Michigan Council for the Arts 1200 Sixth Street Detroit, MI 48226-2461 - Retain a file copy. . . 'ATTACHMENT NO. 1 Oakland County Cultural Council GiCICI 122,141. 4,220. 2,400. 128,761. 51,471. 50,367. 500. 2,600 1,015. REVISED BUDGET FY 92 INFORMATION UNEARNED REVENUE: 13. Governmental Support/ County 15. Other Earned Revenue (MCACA Regional Admin) 20. MCACA Operational Support Award Total Projected Budget EXPENSES 1. Personnel Administrative: Director's salary + fringes 2. Personnel-Artistic: Graphic Artist salary + fringes 3. Personnel-Tech : Photographer for gallery 4. Outside Artistic Fees/Services: Lecturer's fees Awards to winners Hired art teachers 5. Outside Other fees/services : Non-art speakers Graphics not in-house Gallery costs 6. Space Rental: Costs for 2-room suite (County chg) 8,586. 7. Travel: Travel and conference and mileage 1,315. 8. Marketing (Publicity/Promotion): Brochures, calendar, mailings, exhibit costs, workshops, banners, advertisements, Artsline costs, etc. 9,765. 9. Remaining Operating Expenses 3,142. TOTAL 128,761. 'March 19, 1992 FISCAL NOTE (Misc. 92035) BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: CULTURAL AFFAIRS - MICHIGAN COUNCIL OF THE ARTS 1991/1992 REGRANTING PROGRAM ACCEPTANCE, MISCELLANEOUS RESOLUTION #92035 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies, and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #92035 and finds: 1. The Michigan Council of the Arts has awarded $22,420 for the Regranting Program of which $18,200 is for redistribution to artists and $4,220 for administrative costs. 2. The award covers the period of October 1, 1991 through September 30, 1992. 3. No additional personnel are required. 4. Cultural Affairs' 1992/1993 Biennial Budget be amended as follows: Revenue 3-10100 -118-01 2021 Art Council 2464 Regranting Oper Support Total Revenue Expenditures 4-10100-118-01 3656 Regranting Program 3655 Regranting Administration Total Expenditures $ 18,200 4/220 $ 22,420 $ 18,200 4,220 $ 22,420 Total $ -0- FINANCE COMMITTEE , In Testimony Whereof, I have hereunto set MY hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 19th day 2.f.1) March, 1992 Resolution # 92035 March 19, 1992 Moved by McCulloch supported by Law the resolution be adopted. AYES: Oaks, Obrecht, Olsen, Palmer, Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson, Krause, Law, McConnell, McCulloch, McPherson, Millard. (24) 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, 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 March 19, 1992 with the original record thereof now remaining in my office. Lynn/D. Allen, County Clerk