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Home My WebLink About2006-006 Grant - Oregon Shakespeare Festival CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: Oregon Shakespeare Festival 20 E Main Street Address: P.O. Box 158 Ashland OR 97520 Ashland, OR 97520 (541) 488-5300 Telephone: 482-2111 FAX: (541) 488-5311 Date of this agreement: July 1, 2005 Amount of grant: $112,200, which will be distributed in monthly segments of $9,350 for the fiscal year. Budget subcommittee: Economic and Cultural Development Contract made the date specified above between the City of Ashland and Grantee named above. 1. Amount of Grant. Subject to the terms and conditions of this contract and in reliance upon Grantee's approved application, the City agrees to provide funds in the amount specified above. 2. Use of Grant Funds. The use of grant funds are expressly limited to promoting tourism activities identified in Resolution 2004-32, Section 2 as accepted by the budget subcommittee designated above. Grantee will report in writing on the use and effect of granted monies per the following: a. Within 90 days of the event completion (Single event applications) b. As part of a subsequent application for grant funds from the City c. Within 90 days of the budget fiscal year 3. Unexpended Funds. Any grant funds held by the Grantee remaining after the purpose for which the grant is awarded or this contract is terminated shall be returned to the City within 30 days of completion or termination. 4. Financial Records and Inspection. Grantee shall maintain a complete set of books and records relating to the purpose for which the grant was awarded 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 grant funds. 5. Living Wage Requirements. If the amount of this contract is $16,379 or more, and if the Grantee has ten or more employees, then Grantee is required to pay a living wage, as defined in Ashland Municipal Code Chapter 3.12, to all employees and subcontractors who spend 50% or more of their time within a month performing work under this contract. Grantees required to pay a living wage are also required to post the attached notice predominantly in areas where it will be seen by all employees. 6. Default. If Grantee fails to perform or observe any of the covenants or agreements contained in this contract or fails to expend the grant funds or enter into binding legal agreements to expend the grant funds within twelve months of the date of this contract, the City, by written notice of default to the Grantee, may terminate the whole or any part of this Grant Contract 2005-06 Page 1 of 2 contract and may pursue any remedies available at law or in equity. Such remedies may include, but are not limited to, termination of the contract, stop 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. 7. Amendments. The terms of this contract will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties. Such written modification will be made a part of this contract and subject to all other contract provisions. 8. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to 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). Grantee shall net be he!d responsible for damages caused by the negligence of City. 9. Insurance. Grantee shall, at its own expense, at all times for twelve months from the date of this agreement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, and owner's and contractor's protective insurance. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the City shall be filed with the City's Risk Manager or Finance Director prior to the expenditure of any grant funds. 10. Merger. This contract constitutes the entire agreement between the parties. There are no understandings, agreements or representations, oral or written, not specified in this contract regarding this contract. Grantee, by the signature below of its authorized representative, acknowledges that it has read this contract, understands it, and agrees to be bound by its terms and conditions. :~~N~~ Title ~e'u-\t~~~""'CL~ C!TY OF ASHLAf\.!D By ~.~1~v&~ Finance D ctor Date 2-/1'/06 Account Number (for City use only) Grant Contract 2005-06 Page 2 of 2 "T \ '--/ '--- ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYYI __ _______ TM 1/4/2006 PRODUCER (541) 772-1111 FAX (541) 772-3785 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Security Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 707 Murphy Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford OR 97504 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A. Uniqard Insurance Comoanv 025747 Oregon Shakespeare Festival INSURER B: PO Box 158 INSURER C: 255 Helman Street, #4 INSURER D: Ashland OR 97520 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L p~m1:~~~8;Wr Pg~I.fJI~~~~N LTR INSRIl TYPE OF INSURANCE POLICY NUMBER LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY ~=~iJ?E~~~nce\ $ 100,000 A I CLAIMS MADE ~ OCCUR CMOO6663 1/1/2006 1/1/2007 MED EXP IAnv one .-sonl $ 1,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 @'lAGGREnE LIMIT AFlES PER PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY ~~T LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ~ ANY AUTO (Ea accident) A - All OWNED AUTOS CMOO6663 1/1/2006 1/1/2007 BODilY INJURY $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODilY INJURY $ .!.. NON.OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONl Y - EA ACCIDENT $ ~ ANy'AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ ~ESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000 X OCCUR D CLAIMS MADE AGGREGATE $ 2,000,000 $ A ;1 DEDUCTIBLE CUOO9366 1/1/2006 1/1/2007 $ X RETENTION $10,000 $ WORKERS COMPENSATION AND T'NC STATU- T 10TH- EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPRIETORlPARTNERIEXECUTIVE E.L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERA TIONS/LOCA TIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate ho~der is an additiona~ insured as respects General Liability when required by written agreement. This form is subject to po~icy terms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Ashland Its Officers, Employees and Agents Attn: Bryn Morrison 20 E Main Ashland, OR 97520 EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~cX.~ ACORD 25 (2001/08) Sandy Orr/SANDOR @ ACORD CORPORATION 1988 .......ft",r ................. .. ..co