HomeMy WebLinkAbout2010-091 Grant - Youth Symphony of Southern Oregon
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CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE: Youth Symphony of Southern Oregon
20 E Main Street Address: PO Box 4291
Ashland OR 97520 Medford, OR 97501
(541) 488-5300
FAX: (541) 552-2059 Telephone: 858-8859
Term of this agreement: July 1, 2010 to June 30, 2011
Category amounts of grant: Tourism:
Economic:
Cuitural: $4,222
Sustainabiliiv:
Budget subcommittee: Economic and Cultural Development I
I'
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 shaii be utilized or contractuaiiy 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 fuiiy qualified to perform the work
to which they wiii 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 wiii 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 fro'm 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,
Aii 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, Gra'ntee 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 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;
il. If federal or state regulations or guidelines are modified, changed, or interpreted
in such, a way that the grant purposes are no longer ailowable or appropriate for
award, under this contract or are no ionger eligible for the funding proposed for
payments authorized by this contract; or
iil. 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 equi~/i: 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
liabiiity 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 0( Finance Director prior to the expenditure of any grant funds, Grantee
shaii 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 e~clusively within the United
States District Court for..the Districtof 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,
::AN~
Title Y{l..t'~ j JKN~
Date (,.18 ./~
CITY OF ASHLAND
By d~,,;A ... 6""~
City Representative
Date 7/?/U/t>
I
'"' .,,- .-----,
,-/
ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
~ 11/5/2009
PRODUCER (541)772-1111 FAX: (541)772-3785 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Beecher Carlson Insurance Agency LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
707 Murphy Rd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Medford OR 97504 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA:American States Insurance Co 19704
YOUTH SYMPHONY OF SOUTHERN ORE I INSURER B: SAIF 52412
PO BOX 4291 INSURER c: I
INSURER 0
MEDFORD I OR 97501 INSURER E: I
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 \^11TH 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 OfSUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~: ~~~.~ TYPF no, I POLICY NUMBER I XP}Jqr.~~fi~ I ~ll!f.f,Y EXPIRATION i LIMITS
_~NERAL UABILlTY I I ! LEACH OCCURRENCE ~11000,000
DAMAGe TO"""RCNTED- - --
COMMERCIAL GENERAL LIABILITY PREMISES {Ea occurrence} $ 1,000, 000
A I CLAIMS MADE 0 OCCUR OlCH65230430 11/24/2009 11/24/2010 MED EXP (Anyone person) . 10,000
r- PERSONAL & ADV INJURY . 11000,000
i- GENERAL AGGREGATE . 1,000,000
GEl'lL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP~PAGG . 1,000,000
IXl POLICY n ~~9T n LOC I
~TOMOBILE LIABILITY I ! COMBINED SINGLE LIMIT . 1,000,000
ANY AUTO (EaacCldenl)
~
A ALL O\^JNED AUTOS OlCH65230430 11/24/2009 11/24/2010 BODILY INJURY
~ (Per person) .
- SCHEDULED AUTOS
~ HIRED AUTOS BODILY INJURY
.
~ NON-O\^JNED AUTOS {Per accident}
- PROPERTY DAMAGE .
(Per accident)
RRAGE LIABILITY I I AUTO ONLY - EA ACCIDENT i $
I
. ANY AUTO I ~THER THAN EA AC~ $
AUTO ONLY: AGG $
:=J~SSI UMBRELLA LIABILITY I EACH OCCURRENCE j.
OCCUR D CLAIMS MADE I AGGREGATE I.
==1 ~EDUCTIBLE I I:
RETENTION . I.
B WORKERS COMPENSATION I ~W:;STATU- UOTH-I
AND EMPLOYERS' LIABILITY Y / N TQBY.l.!.MITS _EB
ANY PROPRIETOR/PARTNER/EXECUTIVE 0 i EL EACH ACCIDENT I $ 500,000
OFFICERIMEM3ER EXCLUDED? . 10/1/2009 10/1/2010 l:.5.L DISEAS~EA EMPLOY~~..!.-------2.Q.2.., 000
(M.nd.tory In NH) , :729229
~t~~11iS~b6v~?6~s below i I r E.L. DISEASE - POLICY LIMIT I $ 500 000
I
OTHER i I I
I
DESCRIPTION OF OPERATIONS' LOCATIONS' VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL PROVISIONS
.......Verification of Insurance...... This form is subject to policy terms, condi tions, and exclusions.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF ASHLAND CATE THEREOF, THE ISSUING INSURER WIll ENDEAVOR TO MAil ~ DAYS WRITTEN
FINANCE DEPARTMENT NOTICE TO THE CERTIFICATE HOlOER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
20 EAST MAIN STREET
ASHLAND, OR 97520 IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTA liVES.
AUTHORIZED REPRESENTATIVE "
Pam Breazeale!PAMBRE Mwh ffya?",&..
ACORD 25 (2009/01)
INS025 (200001)
@ 1988-2009 ACORD CORPORA TION_ All rights reserved,
The ACORD name and logo are registered marks of ACORD
....
~ny
,," of South.!" oregon
"
June 22, 2010 '
. '
,Lee Tuneberg; Administrative Services & Finance Director
qty'of Ash/and' ','
20 East Main Street
Ashland, Oregon 97520
-.
Dear Mr. Tuneberg and' Members of the Budget Committee:'
. . ' .
On behalf of the governing board arid staff of the Youth' Symphony, of Southern Oregon
(YSSO) and the musicians who participate in. the YSSO's three ensembles, than.k you for'
'awarding $4;222 for the YSSO's 2010-2011 concerts in Ashlarid. '
. .... '. . . . \. .' ". '~
In' addition' to supporting 'the mission, and musicians of the YSSO; fundirigfrom the City of
'Ashland will help leverage financial support from other foundations, agencies" individuals
and businesses, Recognition by the City of Ashland underscores the value of high-quality
educational opportunities for young people, access to affordable cultural activities.for .
citize!1s o,f all,ages"the imPo.~ance qf the arts in sustaining livable communities, and the
role cultural ~and educational resources play in attracting new residents and retaining
current families in'our'colTlmunities, ' '
. ~ . .'
Again, thank you for the City of Ashland's invest[llent in' the Youth Symphony of S'outhern
Oregon. The YSSO board and staff, musi!=iansand their families, business and
professional communities, and audience, members 'appreciate the ,financial sLipport of,and
,recognition by the City,of.Ashland., '
,Please do not hesitate to contact me at the YSSO office (541-858.-8859) if I can provide
'additional information, A current Certificate of Liability Insuran'ce is enclosed along with
the signed "FinanciarA~sistance Award Contract."
Sincerely,
~/~d~~
Sharon Wiison ' , ,
Execlltive ,Director' " " ,', ,':, "
.' Y9~th, .~yn;p.Q9~x~:of~~qut~~r~ 9~~'g'6~': "J"~";'; ~:' --'.:~'~')r!:::' 11:/:::,..'~:;.~.:..I.-.I:..:~.,.: ~ '.~ 'v~; .:: -~: ". .
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T:-:\:;I.~.;~''':~-.~:~<,.'~_~~~(. :'.~ .,;:~:~(.~ 1.':., ;'!-:"7 ;J ~ --,'. . . ".. ..~~_.
,',"
P,Q, Box 4291
Medford, ?R 97501.0163
541-858.8859
ysso@mind,net
, www,ysso,org
." ~ ," .' "