19-R-07-01 Management Agreement Renewals [first draft]

8/7/2019 19-R-07-01 Management Agreement Renewals [first draft]

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RESOLUTION NO. R-07- OHIO CULTURAL FACILITIES COMMISSION

MARCH 15, 2007

A RESOLUTION AUTHORIZING THE RENEWAL OF CERTAINMANAGEMENT AGREEMENTS PERTAINING TO THE OHIOCULTURAL FACILITIES COMMISSION AND TAKING CERTAIN OTHERACTIONS.

WHEREAS, the Ohio General Assembly (the “General Assembly”) established the OhioCultural Facilities Commission (the “Commission”) under Chapter 3383 of the OhioRevised Code (the “Act”) to engage in and provide for the development, performance,and presentation or making available of culture to the public, including the provision,operation and management of Ohio cultural facilities, as defined in the Act;

WHEREAS, Section 3383.01 of the Act contains definitions of culture including, but notlimited to, visual, musical, and dramatic arts and the provision of education in the arts,the presentation of principles of science and its use in business and industry and thepreservation and presentation of features of archeological, architectural, environmentalor historical interest or significance in a state or local historical facility;

WHEREAS, pursuant to Section 3383.01 of the act, a cultural project is defined as all orany portion of an Ohio cultural facility for which the general assembly has specificallyauthorized the spending of money or made an appropriation and the Ohio cultural facilityis used for the presentation of culture to the public;

WHEREAS, pursuant to Section 3383.03 of the Act, the Commission may use andprovide for the use of cultural facilities and may conduct necessary reviews to ensurethat uses of Ohio cultural facilities are consistent with statewide interests and the

Commission’s purposes including the presentation or making available of culture and theprovision of training or education in culture;

WHEREAS, pursuant to Section 3383.04(G) of the Act, the General Assemblyauthorized the Commission to lease, sublease, cooperate in the use of, or otherwisemake available to a cultural organization, including governmental entities, Ohio culturalfacilities;

WHEREAS, pursuant to Section 3383.04(M) of the Act, the Commission may enter intocontracts with cultural organizations, including governmental entities, for themanagement of Ohio cultural facilities;

WHEREAS, in furtherance of its statutory authority, the Commission has entered intocertain management agreements, hereinafter described, each with a 501(c)(3)organization or governmental entity (the "Manager"), pursuant to which the Manager

must operate and manage an Ohio cultural facility;

WHEREAS, the term of each management agreement expires on June 30, 2005, butmay be renewed for additional two-year periods;

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chairman or executive director deems necessary or appropriate to carry out the intent ofthe foregoing resolution. The execution of such agreements by the chairman or theexecutive director shall be conclusive evidence of the exercise of the discretionaryauthority conferred herein.

Section 5. Authorization of the Execution of Other Documents, Taking Other Actions.The chairperson or the executive director of this Commission be and hereby isauthorized and directed to execute and deliver, or cause to be executed and deliveredall such documents, agreements, instruments or certifications, or to do, or cause to bedone, all such acts and things, in the name and on behalf of the Commission, as thechairperson or the executive director may deem necessary or appropriate to carry outthe intent of the foregoing resolution. The taking of such action or the execution of anysuch agreements by the chairperson or the executive director shall be conclusiveevidence of the exercise of the discretionary authority conferred herein.

Section 6. Open Meeting. All formal actions of this Commission concerning and relating

to the adoption of this resolution were taken and adopted in an open meeting of thisCommission, and all deliberations of this Commission that resulted in those formalactions were in meetings open to the public, and in compliance with all legalrequirements including Ohio Revised Code Section 121.22.

IN WITNESS WHEREOF, the undersigned hereby certifies that the foregoing Resolutionwas duly adopted at a meeting held March 15, 2007 by the members of the OhioCultural Facilities Commission.

______________________________ George R. Oberer, Sr., Secretary-Treasurer


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EXHIBIT A

Two-Year Management Agreement Renewal

Akron Art MuseumBeck CenterBig Walnut Area Historical Society (Myers Inn)Cincinnati Museum CenterCity of Dayton, Ohio (Zion)City of Galion (Galion Big Four Depot)Cleveland Public TheatreJamestown Area Historical Society (Jamestown Opera House)Johnny AppleseedNational Aviation Hall of Fame (NAHF)National Underground Railroad Freedom Center (NURFC)

OHS/Buckeye FurnaceOHS/Ft. RecoveryOHS/Glacial GroovesOHS/MoundbuildersOHS/Seip EarthworksOHS/Serpent MoundOHS/Master Management Agreement for leased facilitiesOHS/Master Management Agreement for state owned facilitiesPromont HouseSchuster (Dayton Performing Arts Center)Toledo Art Museum

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EXHIBIT B

Management Agreement Concurrent with the Lease

Village of Somerset (Perry County Courthouse)Wayne County Historical SocietyWilliams County

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WHEREAS, pursuant to Section 3383.07 of the Act, the Commission may construct or providefor the construction of Ohio cultural facilities;

WHEREAS, pursuant to Section 3383.07 of the Act, the Commission may determine that acultural organization or a governmental agency that occupies, will occupy or is responsible for acultural facility may provide construction administration services, and the provision of such

construction administration services shall be specified in an agreement between theCommission and the cultural organization or governmental agency;

WHEREAS, pursuant to Section 3383.07 of the Act, the Commission may determine that acultural organization or a governmental agency that occupies, will occupy or is responsible for acultural facility may provide general building services, and the provision of such general buildingservices shall be specified in an agreement between the Commission and the culturalorganization or governmental agency;

WHEREAS, Amended Substitute House Bill Number 16, 126th General Assembly, Section28.02, Limitations On Capital Appropriations, and as restated in each capital bill, limits theexpenditure of appropriations to specific items;

WHEREAS, in accordance with Executive Order 98-03V, Ohio Farmland Protection Policysigned January 12, 1998 by the Governor of the State of Ohio, the Commission may evaluatethe impact of cultural facilities on Ohio’s farmlands;

WHEREAS, the Office of the Attorney General has recommended that environmentalinvestigations, such as Phase 1 Environmental Site Assessments (“Phase I ESA”) described byASTM 1527E or any similar investigation, be performed prior to obtaining or taking any interestin real property; however the Office of the Attorney General has recognized that a completePhase 1 ESA may not be a necessary prerequisite for certain projects;

WHEREAS, the Office of Budget and Management (“OBM”) has issued a State of Ohio Capital

Improvement Planning for Fiscal Years 2007-2012 Guidance for Non-Institutional Agenciesprepared in August of 2005 in which Appendix E, Allowable Capital Expenditure Guidelinesdefines allowable e ui ment ex enditures of a ro riations which ma be amended from time



WHEREAS, pursuant to the Act and certain provisions of the documents that govern the sale ofbonds and use of cultural and sports facility bond proceeds, the Commission is required tomake certain findings, determinations and approvals, and provide for due diligence in theadministration of its duties with regard to Ohio cultural facilities which are assigned to theCommission;

WHEREAS, state historical facilities, as defined in Section 3383.01(N) of the Act, arespecifically exempted from certain requirements that apply to all other Ohio cultural facilities;

WHEREAS, pursuant to the Act, the Commission has employed an executive director and other

staff to, among other duties, perform certain reviews, analyses and assessments and makerecommendations regarding such matters to the Commission for Ohio cultural facilities prior toCommission action;


WHEREAS, the Commission


guidelines (the “Cultural Facility Guidelines”) to generally guide the evaluation and approval ofstate-funded capital projects at Ohio cultural facilities, exclusive of state historical facilities inResolution R-06-35 on November 29, 2006;


WHEREAS, the 126th General Assembly, in Am. Sub. H.B. 699, amended Section 3383.07


of the Act to include language by which the Commission may delegate to its executive directorthe authority to determine need and substantial regional support, only in the affirmative, and toapprove the provision of construction administration services and general building services, butnot to disapprove those provisions, for cultural projects receiving a state appropriation of$50,000 or less; and


of the Act to permit the Commission to delegate its authority to make the determinations,authorizations, and approvals required by the Act and by other guidelines for cultural projectsreceiving an appropriation of fifty thousand dollars ($50,000) or less to the Commission’sExecutive Director;


WHEREAS, Am. Sub. H.B. 699 of the 126 th General Assembly becomes effective March 29,2007; and

WHEREAS, the Commission wishes to revise the Cultural Facility Guidelines to address theevaluation and approval of cultural projects receiving a state appropriation of fifty thousanddollars ($50,000) or less.


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Revised Guidelines. This Commission hereby adopts the revised Cultural Facility Guidelines,

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March 29, 2007, shall supersede any prior guidelines for cultural facilities, and shall remain ineffect unless amended or terminated by a formal action of this Commission.


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