Loading...
HomeMy WebLinkAbout2024-157 Grant - Epic Ashland Docusign Envelope ID:C1D4352B-5C7344C1-9392-B7ABCB3CF395 IT Y OF ASH, LAND CITY OF ASHLAND GRANT AGREEMENT CITY: CITY OF ASHLAND GRANTEE: Epic Ashland 20 E Main Street Ashland, OR 97520 Address: 638 N Main St, STE C PHONE: (541)488-6002 Ashland, OR 97520 FAX: (541)488-5311 Telephone: 541-690-6736 Term of this Grant Agreement: October 20, 2024-June 30, 2025 Grant funds awarded: $10,000 Event Date: October 20, 2024 77;Name: Celebrate Ashland 150th Birthday This Grant Agreement(hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter"City") and Epic Ashland (hereinafter"Grantee"). City and Grantee hereby agree as follows: 1. Nature of the Grant. The purpose of the grant is to promote tourism within the City of Ashland through event hosting and/or promotion. Grantee applied for and the City granted funds to Grantee in the joint venture to promote tourism. Subject to the terms and conditions of this Agreement and in reliance upon Grantee's approved grant application, which is incorporated herein and attached as "Exhibit A", the City agrees to provide grant funds to Grantee in the amount specified above 2. Qualified Work. Grantee has represented, and by entering into this Agreement now represents, that any personnel assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Grantee shall also maintain a current City business license. 3. Use of Grant Funds. The City shall provide financial support for the event listed in Exhibit A. According to the requirements in Subsection 5 and 6, the Grantee shall keep accurate records of all funds used for the promotion, implementation, and clean-up of the events listed in Exhibit A. Any funds Grantee did not use towards the promotion, implementation, and clean-up of the activities related to the event listed in Exhibit A shall be returned to the City. Any expansion in request for funds shall be submitted in writing to the City. 4. Acknowledgement. Grantee agrees to acknowledge the City as a funding source in all of Grantee's printed and electronic notices and advertisements relating to the use of these grant funds (example, "This event is partially funded through the use of Ashland lodging tax PAGE 1 OF 4: GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND Epic Ashland Docusign Envelope ID:C1 D4352B-5C73-44C1-9392-157ABCB3CF395 revenues."). 5. Report Requirements. Grantee agrees to submit a written report to the City within thirty(30) days at the conclusion of the event, using the post-event report template provided by the City. 6. Unexpended Grant Funds. Any grant funds not expended for the event shall be immediately returned to the City. Extensions may be granted in exceptional circumstances -upon written request and approval. 7. Financial Records and Inspection. Grantee shall maintain a complete set of books and records relating to the purpose for which the fee waiver and/or grant funds were awarded. Such records shall be kept in accordance with Generally Accepted Accounting Principles. Grantee gives the City and any authorized representative of the City access to and the right to examine all books, records, papers, or documents relating to the use of the grant funds. 8. Living Wage Requirements. None. 9. Non-Discrimination. Grantee agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Grantee. Grantee further agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules, and regulations. 10. Termination. a. Mutual Consent. This Agreement may be terminated at any time by the mutual written consent of both parties. b. City's Convenience. This Agreement may be terminated at any time by City upon not less than thirty(30) days' written notice. c. For Cause. City may terminate this Agreement, in whole or in part, effective upon delivery of written notice to Grantee tinder any of the following conditions: i. If City funding is not at a level. sufficient to allow for the grant; it. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the grant purposes are no longer allowable or appropriate for award under this Agreement or are no longer eligible for funding proposed for payments authorized by this Agreement; ill. If the Special Event permit for the Event is revoked; or iv. If the Event is cancelled. 11.Default. If Grantee fails to perform or observe any of the covenants or provisions contained in this Agreement or fails to expend the grant funds or enter into binding legal agreements to PAGE 2 OF 4: GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND Epic Ashland Docusign Envelope ID:CID4352B-5C73-44C1-9392-B7ABCB3CF395 expend the grant funds during the term of this Agreement, the City,by written notice of default to the Grantee, may terminate this Agreement and may pursue any remedies available to the City at law or in equity. Such remedies may include,but are not limited to, termination of this Agreement, the stopping of payment on or return of the grant funds, payment of interest earned on grant funds or declaration of ineligibility for the receipt of future grant awards. In the event of termination, City may stop payment or withhold any Grant funds in City's possession from Grantee and Grantee shall immediately return all unexpended and unencumbered grant funds. In addition, City shall be entitled to recover any administrative costs, including attorney fees or collection costs in encumbered as a result of Grantee's failure to return Grant funds. In the event of termination, if Grant funds are not returned or it is found that Grant funds were misappropriated, Grantee shall be ineligible and disbarred from receipt of future grant funds until such matters are finally adjudicated and settled. The rights and remedies of this section are not exclusive and are in addition to any other rights and remedies available to the City under law. GENERAL AND SPECIAL TERMS. 12. Amendments. The terms of this Agreement will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties. 13.Indemnity. Grantee agrees to defend, indemnify, save, and hold the City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgements, subrogation, or other damages of any nature whatsoever resulting from or arising out of the performance of this Agreement by Grantee(including but not limited to, Grantee's employees, agents, and others designated by Grantee to perform work or services attendant to this Agreement). However, Grantee shall not be held responsible for damages caused by negligence of the City, its officers and employees. 14. Liability Insurance. None required for the purposes of this grant. 15.Workers Compensation Insurance. None required for the purposes of this grant. 16.Assignment. Grantee shall not assign this Agreement nor subcontract any portion of any work to be performed hereunder without written consent of the City. Any attempted assignment or subcontract without the written consent of the City shall be null and void. 17.Non-appropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Grantee understands and agrees that City's payment of amounts under this Agreement attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this Agreement. In the event the City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Grantee, with no further liability to Grantee. 18. Special Terms and Conditions. Grantee is required to post Event on the Ashland Chamber of PAGE 3 OF 4: GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND Epic Ashland Docusign Envelope ID:C1D435213-5C73-44C1-9392-137ABC83CF395 Commerce Community Event Calendar and the Travel Southern Oregon Event Calendar. 19. Governing Law; Jurisdiction; Venue. This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 20.Merger. THIS AGREEMENT CONSTITUTES THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS,AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED IN THIS AGREEMENT REGARDING THIS AGREEMENT. GRANTEE, BY THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. GRAN Signed by: CITY OF ASH ND: 20D98F4FC65146B... By: Printed Name: Eric Herron Printed Name: Sabrina Cotta Title: Epic Ashland, secretary Title: City Manager Date: 11/25/2024 Date: PAGE 4 OF 4: GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND Epic Ashland Docusign Envelope ID:CID4352B-5C73-44C1-9392-B7ABCB3CF395 'The City of Ashland has set-aside tourism promotion funds to help encourage events that boost overnight travel- ers,increase spending at local businesses,and prornote Ashland as a premier tourist destination. "ro see if your event qualifies and to request grant funds,please fill out the for below. Organization Legal Narne:Epic Ashland �[�_ ________ -_ _ .._� .__ lnd�ivi 7Ja I 7it Individual ..........­11--1------------------------------------------------ ---------...... .............. ................ ­'___,'"",.............. 'Type of Orgonim [j Public Agency ONon-Prof Business t...1-11­-­­­­ I_ ._........... ------------- Contact Name:Eric Herron, Secretary Email:erich@CascadiaPrimeCommercial.com --------------_--------------------------------------------- ----------- Mailing Address:638 N. Main St. STE. C, City,State&Zip:Ashland, OR 97520 .............. ........................­.­­­­._­....................... ................ .......... ---------- Phone:541.690.6736 Alt. Phone: LZ I expect over 100 attendees at our event. ...............­_­ ...............-........... EZ Our event will have attendees who live more than 50 miles away and/or will stay in overnight lodging. ............................. ......._..................­­1111.............. ................... ..................................1111"..­..................... ............. ....................... Our event will be advertised to the public. went ne:9elebrate Ashland 150th Birthday ............... ..................... --------------------------­ ­­------------- ----------- ------------------- a 'a Event Dates) and Location(s):10/20/2024- Bandshell Lithia Park ___11.1............____..........­­_­............... ............. .......... ............... ..........­­­1..........- Event Description-We will be celebrating City of Ashland 150th birthday with live music, guest speakers, kids activities, food truck, mocktail stand, shaved ice, beer garden and free local made chocolates. All event venues are free to the public and we have mass advertised with an national band being the headliner. We planned it for„am Sunday to allow out-of-towners to attend. ........... - Expected Total Attendees:1000 --------- Expected# Out-of-Town A t t e n d e e s 1 0 0 # ........................................ __­­____­_.._..­.......... .................____.......... ------------ How are YOU marketing the event?Paid Social Media, 50 posters throughout town, multiple press interviews in regional publication and TV media. Utilized City of Ashalnd assets in additon to Epic Ashland. I am requesting a grant of$-1.'0,000..............__ (rr)ax$10,000).These funds will be used for(please be specific): 100% of the funds will go towards expenses to produce the event, insurance, permits, band booking fees, sound and light subcontractor, temporary banner. NO EPIC Ashland member, partner, or employee shall recieve any funds. Epic Ashland is 100% volunteer 1 Date:11/4/24A 111cant' Sl�natlure._ _!p_ s, _ ........... ............-- ------------......­­111-1............... ­_1111.......... NOTE: If awarded funds you will need to sign a contract with the City of Ashland. I 1� Y rti. K I %4, .......... 20 EAST MAIN ST I ASHLAND OR 97520 1 (541) 552-2103 1 specialevents@ashland.orus ! t .......�!`T 7y �=ri i-v Tr 70 c 7to'ns. an registration.i!=ontact i'