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HomeMy WebLinkAboutResolutions - 1996.06.13 - 24769is required; and does not obligate the County to any future been approved by the County Executive's MISCELLANEOUS RESOLUTION #96128 . BY: FINANCE AND PERSONNEL COMMITTEE, SUE ANN DOUGLAS, Chairperson IN RE: COUNTY EXECUTIVE/CULTURAL AFFAIRS - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS 1995/1996 REGRANTING PROGRAM ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded $31,100 for the Michigan Council of the Arts and Cultural Affairs Regranting Program, which is $8,300 more than the 1994/1995 grant award; and WHEREAS the grant covers the period of October 1, 1995 through September 30, 1996; and WHEREAS $26,000 is for redistribution to artists and the balance, $5,100 is for administration costs incurred by the County; and WHEREAS the 1996 Recommended Budget includes a budget of $22,800 ($18,700 Arts Council; $4,100 Regranting Operational Support) and should be amended to include the actual 1996 grant award, which totals $26,000 for redistribution to artists and $5,100 for administration costs to the County; and WHEREAS an amendment totalling $8,300 is required for the 1996 Recommended Budget as detailed below to reflect the total 1996 grant award, which is $31,100; and WHEREAS no additional personnel WHEREAS acceptance of this grant commitment; and WHEREAS the grant contract has Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1995/1996 Michigan Council of the Arts and Cultural Affairs Regranting Program in the amount of $31,100. BE IT FURTHER RESOLVED that the County Executive's 1996 Budget is amended as follows: County Executivp/cIlltural Affair TT11 1996 3-10100-111-05-00-2021 Art Council $7,300 3-10100-111-05-00-2464 Regranting Operational Supp. 1-000 Total Revenue $8.300 4-10100-111-05-00-3656 Regranting Program 4-10100-111-05-00-3655 Regranting Administration Total Expenditure Total $7,300 1,000 S8.300 -0 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. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE MCA 5 (11/91) MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS Michigan State Department of Commerce CONTRACT FOR ARTS SERVICES Control # 96 R015 a CONTRACT made on 05/01/96 between the Michigan Council for Arts and Cultural Affairs, a state agency, herinafter referred to as "Council", and OAKLAND CO CULTURAL COUNCIL, hereinafter referred to as "Contractor", who hereby agree as follows: Al• 1. CONTRACT TERM This Contract shall terminate on 10/31/96, unless prior termination is effectuated by the Council pursuant to section 4 herein. 2. SERVICES Beginning on 10/01/95, Contractor shall: Represent the Council as the contact agency and facilitator for its Regional Reganting Minigrant Program for Region 2, the county of Oakland and send a representative preferably a staff member, to the Council's annual workshop with no Council funding expended and no grant match accrued between 10/01/96 and 10/31/96. 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 $5,100 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 even 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 $3,350 05/14/96 $1,000 07/15/96 $750 12/30/96 5tipu1ation Upon processing of signed contract and receipt of application fee of $100, Administration Budget, Itemization, and GAD form Upon Council approval of final report due 11/30/96 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 for any reason upon five (5) days written notice to the Contractor. Upon termination, the Council shall have no further liability or obligation to make payments set forth in section 3. 5. CONTRACTOR'S LIABILITY The Contractor will provide and maintain during the term of this contract public liability, property damage, and worker's compensation insurance insuring, as they may appear, the interests of all parties to this contract. The Contractor is responsible for insuring that all precautions are exercised at all times for the protection of all persons and property. The Contractor shall secure all necessary certificates and permits from municipal or other public authorities and comply with all national, state, and municipal laws, ordinances, and regulations as may be required in connection with the performance of this contract. Contract for Arts Services Control # 96 R 015 a, Page 2 6. LIMITATION OF LIABILITY The State of Michigan, its organizational wilts, its officers, agents, and employees 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 this contract 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, or its subcontractor, shall be thegOle responsibility of the Contractor. Contactor agrees to hold the State of Michigan, its organizational units, its officers, agents, and employees harmless in the event of any judgement incurred as a result of the activities described herein. 7. THIRD PARTIES This Contract is not intended to make any person or entity not a party to this Contract to this Contract a third-party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor. 8. 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, verSal acknowledgment 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. 9. 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. Contactor 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. 10. 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 and Local Governments" or "OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals and other nonprofit Organizations" and applicable sections of Federal OMB Circular A-128, "Audits of State and Local Governments". 11. EQUAL OPPORTUNITY Contractor certifies compliance with Executive Order 79-4 and pertinent State/Federal statues 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 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. 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 Executive Director MICHIGAN CIL FOR • "A 'ot AND CULTURAL AFFAIRS OAKLAND CO CULTURAL COUNCIL '..e By: By: JOHN P MCCULLOCH Chairperson Board of Comm required. Contract for Arts Services Control # 96 R 015 a, Page 3 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 orVerVices 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. MCA 5 (11/91) MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS Michigan State Department of Commerce CONTRACT FOR ARTS SERVICES Control # 96 R 015 b CONTRACT made on 04/30/96 between the Michigan Council for Arts and Cultural Affairs, a state agency, herinafter 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 10/31/96, unless prior termination is effectuated by the Council pursuant to section 4 herein. 2. SERVICES Beginning on 10/01/95, Contractor shall: Provide grant awards to eligible Michigan non-profit organization applicants in State Planning Region 2 who meet MCACA's Minigrant Program guidelines and are approved by the regional regranting agency for funding up to $2,000 on a matching basis with no Council funding regranted between 10/01/96 and 10/31/96. Of the amount provided herein, $1,300 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 $26,000 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 even 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 stipulatiort 518,415 05/14/96 $7,585 06/14/96 Upon processing of signed contract Upon receipt of 4th round funding plans, list of reviewers, applications and GAD form 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 for any reason upon five (5) days written notice to the Contractor. Upon termination, the Council shall have no further liability or obligation to make payments set forth in section 3. Contract for Arts Services Control # 96 R 015 b, Page 2 5. CONTRACTOR'S LIABILITY The Contractor will provide and maintain during the term of this contract public liability, property damage, and worker's compensation insurance insuring, as they may appear, the interests of all parties to this contract. The Contractor is responsible for insuring that all precautions are exercised at all time's for the protection of all persons and property. The Contractor shall secure all necessary certificates and permits from municipal or other public authorities and comply with all national, state, and municipal laws, ordinances, and regulations as may be required in connection with the performance of this contract. 6. LIMITATION OF LIABILITY The State of Michigan, its organizational units, its officers, agents, and employees 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 this contract 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, or its subcontractor, shall be the sole responsibility of the Contractor. Contractor agrees to hold the State of Michigan, its organizational units, its officers, agents, and employees harmless in the event of any judgement incurred as a result of the activities described herein. 7. THIRD PARTIES This Contract is not intended to make any person or entity not a party to this Contract to this Contract a third-party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor. 8. 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 acknowledgment 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. 9. 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. 10. 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 and Local Governments" or "OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals and other nonprofit Organizations" and applicable sections of Federal 0MI3 Circular A-128, "Audits of State and Local Governments". 11. EQUAL OPPORTUNITY Contractor certifies compliance with Executive Order 79-4 and pertinent State/Federal statues 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 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. JOHN P MCCULLOCH Chairperson Board of Comm MICHIGA By: _12 -IL BE /00NE ARTS AND CULTURAL AFFAIRS OAKLAND CO CULTURAL COUNCIL By: Executive Director Contract for Arts Services Control # 96 R 015 b, Page 3 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 implemented under working conditions which are unsanitary, hazardous or dangerous to the health and safety of those involved. Compliance with the safety and sanitary laws of the State in which the activity or part thereof takes place shall 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 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 ogees 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. • Resolution #96128 June 13, 1996 Moved by Douglas supported by Devine the resolution be adopted. AYES: Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey. (25) 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 June 13, 1996 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 13th day of June luf. LymilD. Allen, County Clerk