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Home My WebLink About2010-085 Grant - Rogue Opera CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: Rogue Opera 20 E Main Street Address: 33 N, Central #42 Ashland OR 97520 Medford, OR 97501 (541) 488-5300 FAX: (541) 552-2059 Telephone: 608-6400 Term of this agreement: July 1, 2010 to June 30, 2011 Category amounts of grant: Tourism:$500 I Economic:$1,500 Cultural: $3,000 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) (il)) 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 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 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, 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 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 $18,703 or more, and if the Grantee has ten or more employees, then Grantee is required to pay a iiving wage, as defined in Ashland Municipal Code Chapter 3,12, to ail 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 ail 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 i1i. 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, 1; , " 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 inciude, but are not iimited 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 shail 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 bodiiy 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 Ashiand, 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. Grante!,!, 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 a'ccordance 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 soleiy 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, :~ PlW>l i>evr 1t1~1r/) Date CITY OF ASHLAND By ~.2 d ei DO' ?~Z/"'o '"" Title . . 06/22/2010 I 13:32 5417723999 SHANE CUNNINGHAM PAGE 02/02 SlATI ..11.. A This certlfies that Certificate of Insurance ~ State Fann Fire and Casualty Com~any, Bloomington, Illinois State Farm General Insurance Corruany, B100mingtoo, IRlnols State Farm Firs and Casualty Com~~ny. Aurora, Ont.~o State Farm Florida Insurance Company, Winter Haven, Aorido State Farm Lloyd.., OaIlO" Te"", ''''''UUHIIl'' insures the following policyholder for the coverages indicated below: Policyholder Rogue Opera Association Address of policyholder 33 N. Central Ste 424 Medford Oregon 97501 Loca1ion of operations Jackson/Josephine County DeseMption of operations Music venue The policies listed below have been Issued to the policyholder for the policy peMods shown. The insurance described in these policies is subject to alllhe terms, exclusions, and conditions of those policies, The limits Of liability StllWn may have been reduced by any paid claims, Policy Pertod Umitll of Liability Policy Number Type of Insurance Effectlve Pate i Expiration Date (at ~inning of policy period) 97oCC-6946.1 F Comprehensive 6/16/2010 , 6/1612011 BODILY INJURY AND , I PROPERTY DAMAGE Business Liability i ____~w__......__________....... ~-ptOciUCtS-:-Coiiipi8ted- operBtions--""'""""'--""""--""""""'" This Insurance includes: ~ :ach Occurrence Contractual Liability $ 1,000,000.00 ~ Personal Injury j ;eneral Aggregate $ 2,000,000.00 Advertising Injury - - ~ 'roduct - Completed $ 2,000,000.00 - q ,pemtions Aggregate Policv Number Policy Pertod BODILY INJURY AND PROPERTY gAMAGE EXCESS LIABILITY Effective! Pate i ExPiration Date! (Combined Single Limtt) o Umbrella , Q ach Occurrence $ 5,000.00 , IA ggregate o Other , $ 5,000.00 , , , Policy Pl!tiod Effective Date i EXDiration Pate Part I - Workel'!l Compensation. Statutory Workers' Compensation , I ~ art II - Employel'!l Liability and Employers liability , Each Accident $ , I Disease - Each Employee $ Disease. Policy Limij $ Tv"", of Insurance Policy Period UmilS of Uablllty Polley Number Effective Oate ; ExDiration Date (at beginning of policy period) 97..cC-6946-1 F Business Liabilty See above ~ ,000000.00 , THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NE rllER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESI :RIBED HEREIN. Name and Address of Certification Holder City of Ashland, Its Officers and Employees and Agents 20 E. Main St. Ashland, OR. 97520 If ani' of \he dese~bed policies are canceled before thein expiration date, State Farmlll> will try to mall a ~ In notice to the certificate holder days be~ e cancellation. If we fail to mall such notice, no obli(lltion or liability will be imposed on S_ Farm Or 'ma9~7{~ntatives, ~ ~AUlhO~ Representative Tolle Date Sha~e Cunningham, Agent Agent ""me Telephll1e Number (541) n2-3040 Agent'!t. ::od8 Shimp Agen, 0... AFO Cc;i Ie '001= 1~,1o OB.25.2009