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Home My WebLink About2010-087 Grant - SO Repertory Singers CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: Southern Oregon Repertory Singers 20 E Main Street Address: PO Box 1091 Ashiand OR 97520 Ashland, OR 97520 (541) 488-5300 . FAX: (541) 552-2059 Telephone: 941-4275 Term of this agreement: July 1, 2010 to June 30, 2011 Category amounts of gra!1t: Tourism:$682 Economic:$909 Cultural: $909 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 pubiic 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 fUl;ds i~ the amount specified above., Grant funds shall be utilized or contractually committed in the fiscalyearfor what they are awarded, " r,. . ., ~', . \ . 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 fuily 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 iimited 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 appiications 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, AI;' other Grantees are enpouraged to submit statistical data on the impact of the grant funds by the category in which they were funded (Tourism, Economic, or Culturai Development), ......., . -.r _~. .' --",-,; .. , p, ',' 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 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 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 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, Sueh re'me,dies may, include, but are not limited to, terminatienol 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 exciusive 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 ail 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 acceptabie to the City shall be filed with the City's RiskManage~ 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 shali 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 shail be brought and conducted solely and exclusively within the United States District Court for the District of Oregon fiied 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, maritai status, sexual or;'entation, age, medical condition, or disability, :~.~j Title 1^~it(.,(~ Date G::> -.2 '1-1 6 CITY OF ASHLAND ~ ~- -~ City Representalive ?1~/'O By Date J 2 20 0 26 M WESTERN ST T'S INS N 9382 p un, 4, 1 11: A A c ' OpO'D K9 r ' tllMIDDlYVYVI , ~"'&I l;I:K IIFI(;A II: U~ LIAtJlLlTY INSURANCE 06/24/10 SOUT-14 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE WeBte~n States Ins. - Medford HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 38 N. Central Ave Suite 100 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW, Medford OR 97501 Phone: 541-779-1321 Fax: 541-779-9187 INSURERS AFFORDING COVERAGE NAIC. INSURED INSURER A:. tint; KatiOflal Inll of Alnaric:a INSuRER '8: Southern O~egon Repertory INSURER C: S:l.n~ere PO ox 1091 INSURER 0: Ashland OR 97520 , INSURER E.: COVERAGES THE POliCIES OF INSURANCE llSrEO BELOW HAVE BEEN ISSUED TO THE INSURED NAfooEO ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDINC ANY REQUIREMENT. TEAM OR CONomON Of' Arot( CONTRACTOR OTHER DOCUMENT WfTH RESPECT TO WHICH THIS CERTIFICATE MAV BE, ISSUE.O OR MAY PERTAIN, THE INSURANCE AfFOROa> sYYHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOlTlO~S OF SUCH POL.ICES. AGGREGATE UMITS SHOWN MA.YHAVE BEEN Fl.EOUCED BY PAID ClAIMS. DArf1MIIIO~ DAri'I"'Mf~~ ~ TYPE OF INSURANCe POLlCYNUMBER UMIT8 ~ERAL UABlLITl" EACH OCCURRENCE .1 000 000 A X ..!. 3MMERCIAL GENERAL LIABILITY 01CH94133720 06/01/10 06/01/11 g~~s E80C0aJ~1 .1 000 000 CLAIMS MADE ~ OCCUR MED EXP (Any OM perwn) .10 000 - ptR50NAl & ~DV'INJURY .1.000 000 GENERAl. AGGREGATE .2,000 000 ~'~AGG~nE t~IT AP~t PER: PRODUCTS - COMP/OP AGG .2 000.000 PRO- POlICY JEer LOC ~TOMOBILE lIABILITY COMBINED SINGLE LIMIT . At<< AUTO (hlilCt'ident:) - - All OWNED AUTOS 90DILYINJURY . SCHEDULED AUTOS (P6rp9riOfl) - - HIRED AUTOS BODIL.Y INJURY . NON-OWNED AUTOS (peraocloem.) - - pROPERTY OMSAGE . (PerbG6(S&ntl ~GE LIABIUrY AuTO ONLY - fA ACCIOE'NT . A.NYA.lJTO OTHER THAN EA4.CC . AUTOOM.Y: AGG . ~CESS I UMB~ELLA UASlLITY EACH OCCURR.ENCE . OCCUR D CLAIMS ,",,-OE AGGRfGATE . . =i DEDUCT'BLE . RETENTION . . WORKERS COMPENSATION I Tb'~l~~~fs I I o~. AHD EMPLOYERS' llABlLITl" VIN 1JN PROPRIETORIPARTNEftlEXECUTTI E.L... IiACH ACCIOENT . OI'F"ICfR/MEMBER EXCLUDED? t....nNID'J" in NM) E,l. D~EASE - EA EMPLOYEE I g~~~s~Wo\l'iS\'O~S below E.L. DISEASE. POLICY LIMIT . OTM~ DESCRIPTION OF OPERATIONS I LOCATIONS I VEMICLES I EXCLUSIONS ADDEO ElV ENDORSEMENT (9PECIAL PROVISIONS C1ty of Ashland, officGrs and employees are addi tional. insured CERTIFICATE HOLDER CANCELLATION C1ty of Ashland F~nance D~rector 20 E Main St hland OR 97520 ACORD 25 (2009/G1) SHOULD ANt OF THE ABOVE ~gCRlBeo POLIC~S BE CANCIiLLJ;;O B9=ORE ntl EXPlRATJON DATE. "HEREOF, THE ISSUING INSURER WIll EHDEAVOR Tt) MAil ~ DAVS WRrTTEN NonCE TO TME CERnFiCAT.. HOlDER NAMED TO THE LE". BUT FAILURE TO DO SO SHAlL IMPOSE NO OBLIGATION OR lIABIUTY OF ANY KIND UPON THE LNSURER.ITSAGE~T8 OR <Ii> 1988.2 09 ACORD CORPORATION. All rights reserwd. The ACORD name and logo are registered marks of ACORD