HomeMy WebLinkAboutResolutions - 1998.12.10 - 25341GENERAL,GOVERNMENT1COMMITTEE
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
MISCELLANEOUS RESOLUTION #98333 December 10, 1998
BY: GENERAL GOVERNMENT COMMITTEE, NANCY DINGELDEY, Chairperson
IN RE: COUNTY EXECUTIVE/ARTS, CULTURE & FILM - MICHIGAN COUNSEL FOR ARTS AND
CULTURAL AFFAIRS 1998/1999 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; and
WHEREAS $26,000 is for redistribution to arts organizations and the
balance, $5,100 is for administration costs incurred by the County; and
WHEREAS this award has been included in the FY 1999 budget and no amendment
is needed; and
WHEREAS no additional personnel is required; and
WHEREAS acceptance of this grant does not obligate the County to any future
commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts the 1998/1999 Michigan Council for Arts and Cultural Affairs Regranting
Program in the amount of $31,100.
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 General Government Committee, I move the
adoption of the foregoing resolution.
MCA 5 (1 I/91)
MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS
Michigan State Department of Consumer and Industry Services
CONTRACT FOR ARTS SERVICES
Control # 99 RR 24 RG
CONTRACT made on 10/13/98 between the Michigan Council for Arts and Cultural Affairs, a state agency, hereinafter referred
to as "Council", and OAKLAND CO OFFICE OF ARTS, CULTURE & FILM, hereinafter referred to as "Contractor", who
hereby agree as follows:
1. CONTRACT TERM
This Contract shall terminate on 10/31/99, unless prior termination is effectuated by the Council pursuant to section 4
herein.
2. SERVICES
Beginning on 10/01/98, Contractor shall:
Provide grant awards to eligible Michigan non-profit applicants in Regional Regranting Region 2 who's projects meet
MCACA's Minigrant Program guideline requirements and are approved by the regranting agency for funding up to $2,000 on a
matching basis with no Council funding regranted between 10/01/99 and 10/3 1 /99.
Of the amount provided herein, $1,000 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 stipulation
$ 1,000 10/26/98
$ 7,600 10/26/98
$ 8,700 01/25/99
$ 8,700 05/01/99
Upon processing of signed contract and receipt of GIF and GAD
Upon processing of signed contract and receipt of GIF and GAD
Upon receipt of 2nd round funding plan, applications and list of reviewers
Upon receipt of 3rd round funding plan, applications and list of reviewers
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 # 99 RR 24 RG, 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 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.
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 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 panic i pate 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.
Executive Director Chairperson Board of Comm
Contract for Arts Services •
Control # 99 RR 24 RG, 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 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.
MICHIGAN CI, --
By: AY/
BETTY BO E JOHN MCCULLOCH
CIL FOR ARTYAND CULTURAL AFFAIRS OAKLAND CO OFFICE OF ARTS, CULTURE & FILM
By:
MCA 5(11/91)
MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS
Michigan State Department of Consumer and Industry Services
CONTRACT FOR ARTS SERVICES
Control #99 RR 23 AD
CONTRACT made on 10/13/98 between the Michigan Council for Arts and Cultural Affairs, a state agency, hereinafter referred
to as "Council", and OAKLAND CO OFFICE OF ARTS, CULTURE & FILM, hereinafter referred to as "Contractor", who
hereby agree as follows:
1. CONTRACT TERM
This Contract shall terminate on 10/31/99, unless prior termination is effectuated by the Council pursuant to section 4
herein.
2. SERVICES
Beginning on 10101/98, Contractor shall:
Represent the Council as the contact agent and facilitator of its Regional Regranting Minigrant Program for Region 2
including 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 10/01/99 and 10131/99.
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 stipulation
$1.300 10/26/98 Upon processing of signed contract and receipt of G1F, GAD, Budget Itemization and
Summary form
$1,200 01/25/99
$ 800 04/15/99
$1,000 07/15/99
$ 800 12/30/99 Upon Council approval of final report due 11/30/99
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 Contact 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 # 99 RR 23 AD, Page 2
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 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.
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.
By: By:
Contract for Arts Services
Control # 99 RR 23 AD, 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 I 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.
MICHIGAN COUACIL FQR_ARTYAND CULTURAL AFFAIRS OAKLAND CO OFFICE OF ARTS, CULTURE & FILM
BETTY BOO' JOHN MCCULLOCH
Executive Director Chairperson Board of Comm
L Brooks '41ivo:4 County Executive Date
Resolution #98333 December 10, 1998
Moved by Dingeldey supported by Jacobs the resolution be adopted.
AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard,
Moffitt, Obrecht, Palmer, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas,
Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
aawmidarionlir
I HEREBY jPiti:AVHE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 December 10, 1998 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 iOth day of.December, 1998.
G. William Caddell, County Clerk