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HomeMy WebLinkAboutResolutions - 1992.03.18 - 20545March 5; 1992- MISCELLANEOUS RESOLUTION #92036 BY: PUBLIC SERVICES COMMITTEE, JC.HN P. MCCULLOCH, CHAIRPERSON IN RE: CULTURAL AFFAIRS - MICHIGAN COUNCIL OF THE ARTS 1991/1992 GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Council of the Arts (MCA) has awarded a grant in the amount of $2,400 for a 12 month period from October 1, 1991 through September 30, 1992; and WHEREAS the funds are to be used to partially offset program expenses which are included in the Cultural Affairs 1992/1993 Biennial Budget; 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 grant in the amount of $2,400. BE IT FURTHER RESOLVED that the 1992/1993 Biennial Budget be amended to reflect an increase in revenue in the Cultural Affairs- Regranting Operational Support account and an increase in the 1992 Contingency account. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve 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 HEREBYAPPROVETHE FOREGOIMPAESOL1710! Daniel T. murphy,tounfy f.xectitive r 1 . MCA 5 (R 11/91) 1\11C H IGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS Michigan State Department of Commerce CONTRACT FOR ARTS SERVICES Control # 92 C 005 CONTRACT made on 01/14/92 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 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 ongoing operational support for activities and services that include: County Galleria Exhibits; "Art in the Box"; Oakland Universq intership program; implement business volunteers fur the arts in Southeast, Michigan; and quarterly calendar of events "ArtsLine . Of the amount provided herein, 51,800 are federal funds provided to the Council by the National Endowment for the Arts. 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 $2,400 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 monies listed below: amount & date stipulation $500 01/29/92 5700 04/15/92 $300 07/15/92 $100 11/30/92 Upon processing of signed contract 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 toe Legislature fails to appropriate funds or an :..xecutive 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 witfi 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 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 Counca and the State of Nlichigan 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 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 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. r Contract for Arts Services Control # 92 C 00S, page 2 By: 8. ACCOUNTING Contractor agrees to maintain appropriate documents, journals, ledgers and statements in accordance with generaliv 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 f ederal requirements as set forth in Federal OMB Circular A-1 1 '. 'Cost Principles for Nonprofit Organizations" or OMB Circular A-21, "Cost Principles for Educational Institutions" or ONIB Circular A-37, "Cost Principles for State and Local Governments", whichever applies. 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 °NIB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals and other Nonprofit Organizations" and aPPlicable sections of Federal ONIB Circular A-123, "Audits of State and Local Governments". 10. EQUAL OPPORTUNITY Contractor certifies compliance with Executive Order 79-4 and pertinent State/Federal statutes providing equal opport -unity 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 ?ell levels of employment; and in all promotional materials, advertisements, and recn.:iting materials to state their equal oppc.)rtunitv 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 c-ategories 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. FAIR LABOR STANDARDS Contractor agrees that all professional performers and related or supporting professionals employed on projects or in productions which are financed in whole or in part under this contract will be paid, without deduction or rebate on any account, not less than the minimum compensation determined by the Secretary of Labor to be the prevailing minimum compensation for persons employed in similar activities. Furthermore, the Contractor agrees that no part of any project or production which is financed in whole or in part under this contract will be implerr.ented under working conditions which are unsanitary, haz.erdous 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 facie evidence of compliance. 13. 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 foiowing 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. 14. 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 3 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. MICH IGAN!COUNC-IL FORal-1E ARTS BEI I Y BOONE Interim Director OAKLAND CO CULTURAL COUNCIL By: ROYPEVfOLD Larry Crake Chairperson Board of Comm Department oi Mana ana tsuctue =ro 12106/91 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 MI 48013 Federal Identification Number 386004876 ACTIVITY INFORMATION 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 Departmen GRANTEE INFORMATION •• 12/66/91 169 178 Auttrbrized Official Signature Chairman, Board of Commissioners 12/1719 1 Title Date ri Roy Rewold 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 Y"/ d • 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 artsin 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 Authorized Official (please print) Not Reouired Not Required 4,220. $ 126,361. 126,361. REVI S ED BUDGET FY 9%f Michigan Council for the Arts ARTS ORGANIZATION SUPPORT • Control Number a2r008 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 submission results in a delay in processing your contract or grant termination. 7` Instructions: 1. Base the FY 51 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 122,141. 14. SUBTOTAL GOVT (9+10+13) 15. Other Unearned Revenue 4,22Q. 16. Applicant Cash 17. SUBTOTAL (15 + 16) 18. TOTAL UNEARNED REVENUE (8 + 14 + 17) 19. SUBTOTAL CASH REVENUE (4 + 18) P- 20. FY 1991' MCA GRANT AWARD 2,400. 21. TOTAL CASH REVENUE (19 + 20) $ 128,761. MCA 35 R 5190 Ceoartment of Management and Budget 122,141. $ 51,471. 50,367. 500. 2,600. 1,015. 8,586. 1,315. 9,765. 3,142. $128,761. --0- $ $ 5 1,500. $ 51,500. DATE AUTHORIZING DD:AL P 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 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 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 122,141. 4,220. 2,400. 128,761. EXPENSES 1. Personnel Administrative: Director's salary ▪ fringes 51,471. 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 : 1,015. Non-art speakers Graohics 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. 50,367. 500. 2,600 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. 92036) BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: CULTURAL AFFAIRS - MICHIGAN COUNCIL OF THE ARTS 1991/1992 GRANT ACCEPTANCE, MISCELLANEOUS RESOLUTION #92036 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 #92036 and finds: I. The Michigan Council of the Arts has awarded $2,400 to partially offset program expenses included in the 1992/1993 Cultural Affairs Budget. 2. The award covers the period of October 1, 1991 through September 30, 1992. 3. Since the expenses were included in the 1992/1993 Cultural Affairs budget, the General Fund Contingency account is to be increased by $2,400. 4. The 1992/1993 Biennial Budget be amended as follows: Revenue 3-10100 -118-01 2464 Regranting Oper Support Expenditures 4-10100-909-01 9900 Contingency Total $2 ,400 $2,400 $ -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 2f) March, 1992 March 19, 1992 Resolution # 92036 Moved by McCulloch supported by Oaks the resolution be adopted. AYES: Obrecht, Olsen, Palmer, Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson, Krause, Law, McConnell, McCulloch, McPherson, Millard, Oaks. (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. Lyn/D. Allen, County Clerk