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HomeMy WebLinkAboutResolutions - 2003.10.29 - 27328MISCELLANEOUS RESOLUTION "3307 October 30, 2003 BY: General Government Committee, William R. Patterson, Chairperson To the Oakland County Board of Commissioners IN RE: PARKS AND RECREATION COMMISSION (0CPR) - ON STAGE - MICHIGAN COUNCIL FOR THE ARTS AND CULTURAL AFFAIRS - MINIGRANT - ACCEPTANCE Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission has been notified that the Oakland County Cultural Council and the Michigan Council for Arts and Cultural Affairs has awarded the Oakland County Parks and Recreation 2003 Minigrant; and WHEREAS the Oakland County Parks and Recreation Commission has the matching funds available to contribute to the program; and WHEREAS the total program cost of $4,231 includes grant award of $2,000, the grant match of $2,231 which includes in-kind contribution; and WHEREAS this grant has been awarded in the past to the Singsation Traveling Music Show Program, however, this program has been suspended this year due to budget cuts; and WHEREAS the purpose of the grant is to fund the project design "On Stage" as a forum for musical, theatrical entertainment and educational programs. The program would offer educational entertainment to groups of all ages; and WHEREAS the granting period is from June 3, 2003 to August 8, 2003; and WHEREAS the grant meets the goals and objectives of the Oakland County Parks and Recreation Commission to offer innovative specialized recreation programs and cultural experiences. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Parks and Recreation Commission to accept the said minigrant as stated above, with said monies for this project to come from Parks and Recreation funds and funds awarded as a result of this mini- grant. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. Wiedonf 1'0111 GENERAL GOVERNMENT COMMITTE General Government Committee Vote: Motion carried on a roll call vote with Webster, Coulter and Hatchett absent. michael pohlod From: Greg Givens [givensg@co.oakland.mi.us ] Sent: Monday, September 29, 2003 9:32 AM To: Wedell, Harvey; Howard, Derenda; Pohlod, Michael Cc: Frederick, Candace; Pardee, Mary Subject: CONTRACT REVIEW - Parks and Recreation CONTRACT REVIEW - Parks and Recreation GRANT NAME: On Stage Amphitheater Program FUNDING AGENCY: Oakland County Office of Arts, Culture and Film DEPARTMENT CONTACT PERSON: Derenda Howard / 81486 STATUS: Acceptance DATE: September 29, 2003 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal contract review. Below are the comments returned by review departments. Department of Management and Budget: Approved.- Laurie Van Pelt (9/11/2003) Personnel Department: Approved. - Ed Poisson (9/8/2003) Risk Management and Safety: . Approval. - Gerald Mathews (9/4/2003) Corporation Counsel: I have reviewed this contract and approve the language. However, it should have been sent to this department for review before it was signed in May and June. - John Ross (9/12/2003) Please note the comment from Corporation Counsel. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. Greg Givens, Supervisor. Grants Administration Unit Fiscal Services Division Contract Number: 03 RR 24 RG-311 CONTRACT FOR ART SERVICES This Contract is made on May 21,2003 between Oakland County Office of Arts, Culture & Film, a regranting agency for the Michigan Council for Arts and Cultural Affairs ("Regranter"), 1200 North Telegraph Road, Pontiac, MI 48341, and O.C. PARKS & RECREATION COMMISSION ("Contractor"), 2800 Watkins Lake Road, Waterford, Michigan 48328 to the following: 1. The Parties acknowledge that the Regranter has no funds to disburse except those it receives from the Michigan Council for Arts and Cultural Affairs, and the reganting of funds to the Contractor as provided herein is completely contingent upon receipt of such funds from the Michigan Council for Arts and Cultural Affairs. Purther, this Contract is subject to any terms or conditions set by the Michigan Council for Arts and Cultural Affairs. 2. CONTRACT TERM This Contract shall terminate on September 30, 2003, unless terminated earlier as set forth in this Contract 3_ SERVICES. Contractor shall provide the following Art beginning June 6, 2003: On Stage program is a forum for musical, theatrical entertainment and educational programs from June through August 2003 at Independence Oaks. 4. TERMS AND CONDITIONS OF PAYMENT. Regranter shall pay Contractor an amount not to exceed $2,000. Payment of such amount is subject to and conditioned upon Contractor's compliance with the terms and conditions set forth in this Contract and Regranter's receipt of monies from the Michigan Council for Arts and Cultural Affairs. The Regranter, in its sole discretion, shall determine whether the Contractor has fulfilled these conditions. In the event the Regranter determines that the Contractor has failed to comply with any of the conditions, the Contractor shall not be entitled to, nor shall the Regranter be liable for, payment of any monies under this Contract If the project/services provided under this Contract produces material, which could be copyrighted, the copyright must reside with the author. The Michigan Council for Arts and Cultural Affairs and the Regranter reserve the right to use the copyrighted work for Council and Regranter purposes without the obligation to pay royalties to the owner. If the Contractor is NOT an arts or cultural organization and the project/services provided under this Contract make a profit, the surplus (up to the grant amount) must be returned to the Michigan Council for Arts and Cultural Affairs through the Ragrantar. Payment shall be when Rewarder receives payment from the Michigan 'Council for Arts and Cultural Affairs and upon Regramer's receipt of a signed Contract from Contractor. 5. TERMINATION OF CONTRACT BY THE REGRANTER: Notwithstanding any other provision, this Contract may be terminated by the Regranter, for any reason, upon the moiling of a five (5) days written notice to the Contractor. This Contract ghall terminate immediately if the Legislature fails to appropriate funds or an Executive Order reduces or eiirnin4tin funding for these services. t 'd OOIC'oN 'D38 SNVO 080del31VA Adlt:C CON 11'24 6. LIMITATION OF LIABILITY. The Regranter shall not be liable to the Contractor, its subcontractors, and/or its agents 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, its subcontractors, and/or its agents for services rendered pursuant to this Contract Any liability resulting from the activities engaged in the by the Contractor shall be the sole responsibility of the Contractor. Contractor agrees to hold the Regranter, Michigan Council for the Arts, the County of Oakland, and the State of Michigan harmless in the event of any judgment incurred as a result of the activities described herein. 7. TBIRD 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. 8. PROMOTION. Contractor agrees to prominently display Regranter's name and logo and the Michigan Council for Arts and Cultural Affairs' 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 Oakland County Office of Arts, Culture & Film." When no printed material is used, verbal acknowledgement shall be given before each presentation. Copies of printing, photographs advertising, and program materials prepared . . for this activity must be forwarded to the Regrauter. 9. ACCOUNTING. Contractor agrees to maintain appropriate documents, journals, ledgers, and statements in accordance with generally accepted accounting practice; to retain these records for a period of not less than four (4) years from the date of the final report; and to make this accounting available for audit by appropriate agents of the Regranter and of the State of Michigan and/or Federal Government. 10. REPORTS. In addition to requirements set forth in Sections 3 and 4 above, the Contractor shall submit to the Regranter a financial statement of expenditures and report of activities in a format prescribed by the Rcgranter upon completion of the service period, but no later than THIRTY (30) DAYS following the termination date in Section 2 above. Failure to submit this report in a timely manner may void Contractor's claim to funds provided herein. Contractor shall admit Regranter's staff, members, and/or evaluators to activities without charge and shall cooperate with in-depth reviews and evaluations as may be required, so Regranter may properly appraise the nature and caliber of activities performed by Contractor. 11. EQUAL OPPORTUNITY. Contractor certifies compliance with Executive Order 79-4, the Elliott-Larsen Civil Rights Act, and all other pertinent State, Federal and local fair employment practices and equal opportunity laws. Contractor covenants not to discriminate against any employee Or applicant for employment, to be employed when services under this Contract are undertaken, with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment on the grounds of race, color, religion, national origin, sex or disability, or to exclude any person from participation in, deny any person the benefits 4 or discriminate any person due to the above- listed grounds with respect to any program or activity fnaded in whole or part under this Contract g 'd 0918'0 N '03d DIVO 080d831VA Wd1171 CON 'Cl'211V Date . Type Name of Con • • Authorized Representative • tractor Authori Srgnature of Cofitractor Authorized Representative 12. FAIR LABOR STANDARDS. All professional performers and related or supporting professionals employed on projects or in productions which are financed in whole or in part under this grant agreement will be paid, without deduction or rebate on any account, no less than the minimum compensation determined by the Secretary of Labor to be the prevailing minimum eorapensati= for persons employed in similar activities. Purthemiore, 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. • 13. ENTIRE CONTRACT. This Contract is governed by the laws of the State of Michigan and supersedes all prior agteements, documents, and representations between the Regranter 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 before the termination date set forth in Section 2 above. The Contractor agrees to inform the Regranter in writing immediately of any proposed changes of dates or services indicated in Section 4 as well as changes of address or personnel affecting this Contract If any provision of this Contract shall be deemed void or =enforceable, the remainder of the Contract shall still be valid_ Daldand County Office4lArts, Culture & Film, Region 2 Regrowing Agency for the Michigan Council for Arts and Cultural Affairs Kris* Everett Zamora Type name of Regranter Representative 2002-0800revinderesetivecontrict 091V 0 11 'D323 DK U0d2]31VM £00Z CvV FISCAL NOTE (MR *03 307) October 30, 2003 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: PARKS AND RECREATION COMMISSION (0CPR)- ON STAGE - MICHIGAN COUNCIL FOR THE ARTS AND CULTURAL AFFAIRS - MINIGRANT - ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes acceptance from the Oakland County Cultural Council and Michigan Council for Arts and Cultural Affairs (MCACA) Regional Regranting Program - Minigrant for $2,000. 2. The grant has been awarded in the past to the Singsation Traveling Music Show Program. This program has been suspended this year due to budget cuts. 3. The Oakland County Parks and Recreation Commission applied for the 2003 funding for the Lewis E. Wint Nature Center Amphitheater Program at the Independence Oaks County Park, for the project design "On Stage", which is a forum for musical theatrical entertainment and educational programs for groups of all ages. 4. The grant period is from June 3, 2003 to August 8, 2003. 5. The total budget for the program is $4,321, which includes $2,000 (50%) from the Oakland County Cultural Council and Michigan Council for Arts & Cultural Affairs Regional Regranting Program, and a $2,000 (50%) required grant match paid by Oakland County Parks and Recreation Fund Balance, as well as $231 allowable in-kind support. No General Fund monies are required. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Gregory, Patterson, Crawford, and Webster absent. I HEREBY APPROVE THE FORM RE,SOWIIIN / / G. William Caddell, County Clerk Resolution #03307 October 30, 2003 Moved by Bullard supported by Hatchett the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). 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 October 30, 2003 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 30th day of October, 2003.