HomeMy WebLinkAbout2010-083 Grant - Oregon Shakespeare Festival
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CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE, Oregon Shakespeare Festival
20 E Main Street Address: PO Box 158
Ashland OR 97520 Ashland, OR 97520
(541) 488-5300 Telephone: 482-2111
FAX: (541) 552-2059
Term of this agreement: July 1, 2010 to June 30, 2011
Category amounts of grant: Tourism: $110,000
Economic:
Cultural:
Sustainabilitv:
Budget subcommittee: Economic and Cultural Development
Contract made the date specified above between the City of Ashland and Grantee named above,
RECITALS: City grants the identified amount for the stated purpose above, 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, 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'enteringinto 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 this contract
and per Resolution 2010-06 with modifications, if any, made by the budget subcommittee designated
above or City Council.
Grantee will report in writing on the use and effect of granted monies per Resolution 2010-06,
whichever is earlier:
a, Within 90 days of the event completion (Single event applications before June 30, 2011)
b, Or as part of a subsequent application for grant funds from the City, if funding has been
completely used by grantee(Spring of 2011)
c, Or within 90 days of the end of the current budget fiscal year(October 1, 2011)
.
If Grantee intends on applying for subsequent grant funds through the City and has not fully used the
previous year's funds, the Grantee must provide a memo acknowledging that as part of the application
process in FY 2011:2012, '
. " :
If Grantee is awarded $4,000 or more in Tourism-qualifying funds, they must report statistical data on
the impact of these grant funds,
....;0.
All other Grantees are encouraged to submit statistical data on the impact of the grant funds by the
category in which they were funded (Tourism, Economic, or Cultural Development),
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 Rec.ords 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 $18,703 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
aiso required to post the attached notice predominantly in areas where it will be seen by all
employees,
7. Termiilation.
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 notrenewed,
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
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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 Com~E:n8atiun insurance in
compiiance 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
4 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 cf 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, coior, ancestry, national origin, reiigion, sex,
marital status, sexual orientation, age, medical condition, or disability,
GRANTE~ ,
By l'WM.. ~
Title E')Ce W t;' IX.. ~ ~ cJ..o..r
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