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Home My WebLink About2008-241 Grant - St Clair Productions CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: St. Clair Productions 20 E Main Street Ashland OR 97520 Address: PO Box 835 (541) 488-5300 Ashland, OR 97520 FAX: (541) 552-2059 Telephone: (541 )535-3562 Term of this agreement: July 1, 2008 to June 30, 2009 Amount of grant: $4,000 Budget subcommittee: Economic and Cultural Development Contract made the date specified above between the City of Ashland and Grantee named above, RECITALS: City has reviewed Grantee's application for a grant and has determined that the request merits funding and the purpose for which the grant is awarded serves a public purpose. This Grant agreement (ORS 279A.010 (i) (A) (ii)) is not a public contract for purposes of ORS 279 A-C. ORS 279A.010 (x). City and Grantee agree: 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. Grant funds shall be utilized or contractually committed in the fiscal year for what they are awarded. 2. Qualified Work. Grantee has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract 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 must also maintain a current City business license, 3. Use of Grant Funds, The use of grant funds are expressly limited to the activities in the grant application with modifications, if any, made by the budget subcommittee designated above. Grantee will report in writing on the use and effect of granted monies compared to the original request (as modified) 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 end of the current budget fiscal year, whichever is earlier 4. 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. 5. 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. 6. Living Wage Requirements. If the amount of this contract is $18,088 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 an 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. 7. Termination. a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Grantee, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the grant; ii. 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 contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Grantee to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. 8. 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 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, 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 if 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 the law, 9. 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. 10. 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, subrogation's, 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 not be held responsible for damages caused by the negligence of City. 11. 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. Grantee shall at its own expense provide the following insurance: Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. 12. Assignment and Subcontracts. Grantee shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Grantee shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. 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. 14. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Grantee that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon, If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 15. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Grantee understands and agrees that City's payment of amounts under this contract 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 contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Grantee, with no further liability to Grantee. 16. Non-Discrimination. Grantee shall comply with all applicable federal, state and local laws, rules, and regulations on nondiscrimination because of race, color, ancestry, national origin, religion, sex, marital status, sexual orientation, age, medical condition, or disability. CITY OF ASHLAND By 4~ .~ Finance Direc Date / Y' ~"lf/ ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 1M, 1112412008 PRODUCER Phone: ~7001 Fax: 503-365-7354 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MID VALLEY GENERAL AGENCY LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4305 RIVER ROAD N HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR KEIZER OR 97303 AL TER TI-I~ _u__ - -- . AV TUC Dnl II'ICQ BEU IW, INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: SCOl1'SDALE INSURANCE COMPANY 41297 ST. CLAIR PRODUCTIONS, INC. INSURER B: PO BOX 835 INSURER c: ASHLAND OR 97520 INSURER D: INSURER E: COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CON:MTlON OF ANY CONTRACT OR OTt-ER DOCUMENT WTH RESPECT TOWHICH 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 SHCN\N MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADO'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFEC11VE POLICY EXPIRATION LIMITS LTR I NSRD DATE (MMlDortY} DATE IMMlDIlIYY\ GENERAL LIABILITY CLS1558621 01/1 M)9 01/19109 EACH OCCURRENCE $ 1,000,000 - X COMMERCIAL GEtERAL LIABILITY DAMAGE TO Re.ITED $ 100,000 PREMISES lEa occurencel I CLAIMS MADE [!] OCCUR MED. EXP (Anyone person) $ 5,000 A PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG. $ 2,000,000 IPOUCY n ~ nLOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT r-- $ ANY AUTO (Ea accident) r-- ALL OWNED AUTOS BODILY INJURY I- (Per person) $ SCHEDUlED AUTOS - HREDAUTOS BODILY INJURY - (Per accident) $ NON-OWNED AUTOS - ,-- ~~~:;c~J:nt~MAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ ~ESSI UMBRELLA UABlUTY EACH OCCURRENCE $ OCCUR D ClAIMS MADE AGGREGATE $ $ ~ oeoucllBLE $ RETENTION $ $ WORKERS COMPENSA nON AND I V\C STATU- I I OTHER TORY LIMITS EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ AMY PROPRETORlPARTNEM:XECU11VE OFFlCERlMEIEER ElCCLtJDB)? E.L. DISEASE-EA EMPLOYEE $ "vw. deecrtbe under E.L. DISEASE-POLICY LIMIT $ SPECIAl.. PROVISIONS below OTHER: DESCRIPooN OF OPERATIONSlLOCAnONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS CITY OF ASHLAND IS INCLUDED AS AN ADDITIONAL INSURED PER CG2010(7-04). COVERED EVENT & DAlES: ROGUE VALLEY BLUES FESTIVAL, 1/16109 TO 1/18i09 CERTIFICATE HOLDER CANCELLA nON CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WLL ENDEAVOR TO MAIL 10 DAYS 20 E MAIN WRITTEN NOTICE TO THE CERTIFICATE I-K)LDER NAMED TO THE LEFT, BUT FAILURE TO ASHLAND OR 97520 00 SO SHAll IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, Irs AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE MID V ALLEY GENERAL AGENCY \-l~ ~ U64~ LlC Attention: Herman R Deiss ACORD 25 (200111)8) Certificate # 39724 @ ACORD CORPORAnON 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYYY) TM. 11f.l4l2OO8 PRODUCER Phone: 503-365-7001 Fax: 503-365-7354 THIS CERllFlCATE IS ISSUED AS A MATTER OF INFORMAllON MID VALLEY GENERAL AGENCY LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4305 RIVER ROAD N HOLDER. THIS CERllFICA TE DOES NOT AMEND, EXTEND OR KEIZER OR 97303 ALTER TWE RV nu= DnI 1t'ICQ BELOW. INSURERS AFFORDING COVERAGE NAIC , INSURED INSURER A: SCOlTSDALE INSURANCE COMPANY 41297 ST. CLAIR PRODUCll0NS, INC. INSURER B: PO BOX 835 INSURER c: ASHLAND OR 97520 INSURER D: 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 CONJITlON OF ANY CONTRACT OR OTHER DOCUMENT V\IITH RESPECT TOWHlCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUOES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOVlH MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AOO'L TYPE OF INSURANCE POLICY NUMBER POLICY EfFECTIVE POLICY EXPIRATION LIMITS LTR INSRO DATE fMWDDfYY'I DATE IMMlDDIYY\ GENERAL LIABIlITY CLS1558621 01/UW9 01fUW9 EACH OCCURRENCE $ 1,000,000 I--- X COMMEROAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 PREMISES (Ea occurence) I CLAIMS MADE [!] OCCUR MED. EXP (Anyone person) $ 5,000 A PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG. $ 2,000,000 I POlICY n ~ nLOC AUTOMOBILE L1ABlUTY COMBINED SINGLE LIMIT - $ ANY AUTO (Ea accident) - ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDUlED AUTOS - HIRED AUTOS BODILY INJURY - (Per accident) $ NON-OWNED AUTOS - - ~~~~~~J:nt,?"MAGE $ GARAGE UABlLlTY AUTO ONLY- EA ACCIDENT $ R ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ OESS I UMBRELLA UABI..ITY EACH OCCURRENCE $ OCCUR D ClAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSA nON AND I w:; STATU- I I OTHER TORY LIMITS EMPLOYERS'L1ABILlTY E.L. EACH AOODENT $ ANY PROPRETOfWAR11ERIEXECUl'IlI OFFlCERlMEMBER EXCLUDED? E.L. DISEASE-EA EMPLOYEE $ "Yft, CIeIIc:rIbe under E.L. DISEASE-POLICY LIMIT $ SPECIAL PROVI8ION8 below OTHER: DESCRIPll0N OF OPERATIONSlLOCA1l0NSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS HISTORIC ASHLAND ARMORY IS INCLUDED AS AN ADDmONAL INSURED PER CG2010(7-G4). COVERED EVENT & DATES: ROGUE VALLEY BLUES FESllVAL, 1/18109 TO 1/18i09 CERTIFICATE HOLDER CANCELLATION HISTORIC ASHLAND ARMORY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER V\IILL ENDEAVOR TO MAIL 10 DAYS 208 OAK STREET WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO ASHLAND OR 97520 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, IT'S AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE MID VALLEY GENERAL AGENCY \-l _,. ~ Z)~~ LLC -It...r, Attention: Herman R Deiss ACORD 25 (2001_) Certificate ,. 39723 @ACORDCORPORAll0N1~ --------7T POLICY NUMBER: CLS1558621 ST. CLAIR PRODUCTIONS, INC. COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZA TION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE CITY OF ASHLAND 20 E MAIN ASHLAND OR 97520 Location s Of Covered 0 erations ROGUE VALLEY BLUES FESTIVAL, 1/16/09 TO 1/18/09 Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations. POLICY PERIOD: 01-16-2009 TO 01-19-2009 A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization( s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured( s) at the location( s) desig- nated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured( s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. @ ISO Properties, Inc. I 2004 [] Page 1 of 1 -----~--- POLICY NUMBER: CLS1558621 S1. CLAIR PRODUCTIONS, INC. COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZA TION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE HISTORIC ASHLAND ARMORY 208 OAK STREET ASHLAND OR 97520 Location s Of Covered 0 erations ROGUE VALLEY BLUES FESTIVAL, 1/16/09 TO 1/18/09 Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations. POLICY PERIOD: 01-16-2009 TO 01-19-2009 A. Section II - Who Is An Insured is amended to include as an additional insured the person( s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or om issions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured( s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in perform ing operations for a principal as a part of the same project. @ ISO Properties, Inc" 2004 Page 1 of 1 [J _u_",___