HomeMy WebLinkAboutResolutions - 1992.11.19 - 20986Fe- October .22, 1992
MISCELLANEOUS' RESOLUTION #92253
BY: PUBLIC SERVICES COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: CULTURAL AFFAIRS - MICHIGAN COUNCIL OF THE ARTS 1992/1993
REGRANTING PROGRAM ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Council of the Arts has awarded $21,900
for the Michigan Council of the Arts Regranting Program of which
$7,700 will be received in 1992 and $14,200 in 1993; and
WHEREAS the award covers the period of October 1, 1992 through
September 30, 1993; and
WHEREAS $17,800 is for redistribution to artists and the
balance, $4,100, 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 1992/1993 Michigan Council of the Arts
Regranting Program in the amount of $21,900.
BE IT FURTHER RESOLVED that the Cultural Affairs 1992/1993
Biennial Budget be amended to reflect an increase in revenue and
expenditures, $7,700 in 1992 and $14,200 in 1993.
BE IT FURTHER RESOLVED 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
I HEREpv RiannnIrr
Daniel T. Muqi
FOREGOING RESOLUTION
igeb
If. co
. IsACk.,5 (R 11/91) - -
" MICHIGAN COUNCIL FOR ARTS AND CLILTURA1. AFFAI RS
Michigan State Department of Commerce
CONTRACT FOR ARTS SERVICES
Control if 93 R 015b
CONTRACT made on 09/21/92 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 TERM
This Contract shall terminate on 09/30/93, unless prior termination is effectuated by the Council pursuant to section 4 herein.
• 2. SERVICES
Beginning on 10/01/92, Contractor shall
Provide grant awards to eligible Michigan non-profit organization applicants in State Planning Region 2 who meet MCACA's
Mini-Grant Progam guidelines and are approved by the regional regranting agency for funding up to $2,000 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 ContTactor an amount not to exceed $17,800 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 arty monies listed below:
amount lc date stipulation
55,800 10/15/92
56,000 01/15/93
56,000 04/15/93
Upon processing of signed cor.tract and receipt of Grantee/Activity Designators form
Upon receipt or2nd round funding plan and applications
Upon receipt of 3rd round funding plan and applications
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 art 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 EIY 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 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 Micaigan 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 p-rinted 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.
Interim Director
Z - . Contract for Arts Services
Control 4 93 R OlSb, page 2
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; arid 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.
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 794 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 opportunit--- to participate in and benefit from all programs, activities and services and equal employment opportunities;
agrees to take steps necessary to correct any unden -epresentotion 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 siuiatory of the Sullivan principles and is in the two highest categories of
progress; is not controlled by a South African firm; or shA 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 -11-11RM' 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 Frovide members of the Council, appropriate Coundl
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
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 immediat ely o f
any proposed chanses 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 provisiori of this Contract shall be
deemed void or unenforceable, the remainder of the Contract shall still be valid.
FO,VR. TS AND CULTURAL AFFAIRS OAKLAND CO CULTURAL COUNCIL
By:
LARRY P CRAKE
Chairperson Board of Comm
MCI:: 5 (R 11/91) • MICHIGAN COUNCIL FOR ARTS AND CU,LTURAL AFFAIRS
Michigan State Department of Commerce
CONTRACT FOR ARTS SERVICES
Control t: 93 R 015a
CONTRACT made on 10/15/92 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 TERM
This Contract shall terminate on 09/30/93, unless prior termination is effectuated by the Council pursuant to section 4 herein.
2. SERVICES
Beginning on 10/01/92, Contractor shall:
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, prefembiy a staff member, to the Council's annual
works hop.
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 . $4,100 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 riot be entitled to, nor shall the Council be
liable for, payment of any monies listed below:
amount &date stipulation
5I,900 10/15/92 Upon processing of signed contract and receipt of Budget and Itemization and
Grantee/Activity Designators forms
52,000 04/15/93
5200 11/30/93 Upon Council approval of final report due 10/31/93
The above listed conditions must be met thirty days prior to the indicated payment date in order to provide Council adecu ate
time to process scheduled payments. Failure to comply with these deadlines will delay payment or may cause termination oi the
contract pursuant to section 4 herein. In the event the Legislature fails to appropriate funds or art txecutive Order Fr -nits or
eliminates the CouncTs 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 Contactor if the Council determines
that the Contractor has not complied with arty 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. LEMITATION OF LIABILITY
The Council -hall 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 liaoility resulting
from activities engaged in by the Contractor shall be the sole responsibility of the Contractor. Contractor agrees to hold tli‘, Councii
and the State of Micnigan harmless in the event of arty 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 parry to this Contract a third-party beneficiary hereof Cr 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 25 follows:
This activity is supported by 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.
By: Bv:
ELI fY BOONE
Interim Director
LARRY P CRAKE
Chairperson Board of Comm
Contr,act for Arts Services
Control # 93 R 013a, page 2
B. 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 rnae
these documents available for examination arid 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, "Ccst
Ninciples for Nonprofit Organizations" or OMB Circular A-21, "Cost Principles for Educational Institutions" or 0N113 Circular A•57,
"Cost Principles for State and Local Governments", whichever applies.
9. A DMINISTRATTVE REQUTRE\1ENITS
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 OPFO=TITY
Contractor certifies compliance with Executive Order 794 and pertinent State/Federal statutes providing equal oppertunit:
for employment and provision of services. No person shall, en the grounds of race, color, religion, national origin, age, sex o'r
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
ecual opportunity to participate in and benefit from all programs, activities and services and equal employment oprrortznities;
agrees to take steps necessary to correct any underrepresentancn and achieve a reasonably representative work force at all leve: of
employment; and in all promotior2i materials, advertisements, and recruiting materials to state their ecual opportunity porcie.s
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 do-es not furnish products to the State originating or manufactured in the Republic of South Africa;
exec 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 snail not enter into a subcontract with an entity that does not comply with the
conditions outlined in this section.
12. REPORTS
In addition to requiremerils which may be made in sections 2 and 3 above, Contractor agrees to submit to the Council a
financial statement of exper,dit-Lires and repo'rt of activities in a format prescribed by the Council upon completion of the service
period, but no later than DAYS following the termination date in section 1 atove. 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 Co-ndl
evaluators and staff an opportunityto 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 requ-e-'.
13. ENTIRE CONTRACT
This Contract is governed by the laws of the State of Michigan and supersedes all prior agreements, documents and
repreentations between the Coundl 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 parti.s
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 shafl be
deemed void or unenforceable, the remainder of the Contact shalistill be valid.
MICHIGA.VOUNCIL FOR-7ARTS AND CULTURAL AFFAIRS OAKLAND CO CULTURAL COUNCIL
$5,800 $12,000
1,900 2,200
$7,700 $14,200
$ -0 - $ -0-
N-,?yember 19, 1992
FISCAL NOTE (Misc. 92253)
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: CULTURAL AFFAIRS - MICHIGAN COUNCIL OF THE ARTS 1992/1993
REGRANTING PROGRAM ACCEPTANCE - MISCELLANEOUS RESOLUTION
#92253
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 #92253 and finds:
1. The Michigan Council of the Arts has awarded $21,900 for
the Regranting Program of which $17,800 is for
redistribution to artists and $4,100 for administrative
costs.
2. The award covers the period of October 1, 1992 through
September 30, 1993.
3. No additional personnel are required.
4. Cultural Affairs' 1992/1993 Biennial Budget be amended as
follows:
1992 1993
Revenue 3 -10100 -118-01-00-
2021 Art Council
2464 Regranting Oper Support
Total Revenue
Expenditures 4 -10100 -118-01-00-
3656 Regranting Program
3655 Regranting Administration
Total Expenditures
Total
$5,800 $12,000
1,900 2,200
$7,700 $14,200
FINANCE COMMITTEE
* Resolution # 92253 November 19, 1992
Moved by McCulloch supported by Price the resolution be adopted.
AYES: Millard, Oaks, Obrecht, Olsen, Palmer, Pappageorge, Pernick, Price,
Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Huntoon, Jensen,
Johnson, Krause, Law, McConnell, McCulloch, McPherson. (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
8oard of Commissioners on November 19, 1992
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 19th day it4f) N vember /2 1992
Lynn/D. Alien, County Clerk