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Home My WebLink About2011-120 Grant - Ashland Community Theater CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: Ashland Community Theater 20 E Main Street Address: PO Box 3284 Ashland OR 97520 Ashland, OR 97520 (541) 488-5300 FAX: (541) 552-2059 Telephone: (541) 488-9391 Term of this agreement: July 1,2011 to June 30,2012 Category amounts of grant: Tourism: Economic: Cultural: $2,500 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. Pursuant to ORS 279A.025(2)(d), this Grant agreement [ORS 279A.01 0 (k) (A) (ii)] is not a public contract for purposes of ORS 279 A-C. 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 2011-07 with modifications, if any, made by the budget subcommittee designated above or City Council. The grantee agrees to incorporate within any printed or electronic notices or advertisements the following wording whenever possible: "This program (activity, concert, museum, directory, performance, etc) is funded, in part, by Ashland lodging tax revenues. Grantee will report in writing on the use and effect of granted monies per Resolution 2011-07, whichever is earlier: a. Within 90 days of the event completion (Single event applications before June 30, 2012) b. Or as part of a subsequent application for grant funds from the City, if funding has been completely used by grantee(Spring of 2012) c. Or within 90 days of the end of the current budget fiscal year(October 1, 2012) 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 2012-2013. 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 compiete 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 $18,890 or more, and if the Grantee has ten or more employees, then Grantee is required to pay a living wage, as defined in Ashiand Municipai 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 whoie 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 avaiiable 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 wili 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 $1,000,000 per occurrence (combined single limit for bodily injury and property damage claims) or $1,000,000 per occurrence for bodily injury and $100,000 occurrence for property damage. Liability cov.erage 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, limitalions 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 appiicable 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 ~ _"t. _t.:? . City ,%resentatir 7/~ ~/I , GRANTEE BYOOc7~~ '~/ Title , r- e..-' -s VI.1--R /' Date -,J",^ :3 D, 5 D( { , By Date ~ ACORD'" CERTIFICA TE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) ~ 6/30/2011 THIS CERTIFICATE IS tSSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTtFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUtNG INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder 15 an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~2~~CTRusty Poehner Gales Creek Insurance Services Inc. PHONE (503) 227-0491 I ~~ L'. . (503)227-0927 800 NW 6th Ave. , Suite 335 1~~D~~e~:rusty@galescreek.com Portland, OR 97209 INSURER/51 AFFORDING COVERAGE NAIC# INSURER A:Ri vernort Insurance Comnanv INSURED INSURER B Berklev Life & Health Insurance Ashland Community Theatre INSURER C : PO Box 3284 INSURER D : INSURER E : Ashland OR 97520 INSURER F : COVERAGES CERTIFICATE NUMBER:CL1l63006579 REVISION NUMBER: THIS IS TO CERTIFY THAT 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 WITH 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 CO NOITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDU CEO BY PAlO CLAIMS. INSR TYPE OF INSURANCE II&aMg~ ~~%~ UMITS LTR POUCY NUMBER GENERAL UABIUTY EURRENCE $ 1,000,000 - ~~~! T NT D,w'<>l 300,000 -"- pMMERCIAl GENERAlllABIUTY $ A CLAIMS-MADE W OCCUR ""32244-00 12/4/2010 12/4/2011 MED EXP (Anv one pel'!ion) $ 5,000 - - PERSONAL & AnV INJURY $ 1,000,000 -"- inc1 Host Liquor GENERAL AGGREGATE $ 2,000,000 ~'l AGG~EnEFlIMIT AnSI PER PRODUCTS - COMPIOP AGG $ 2,000,000 X POLICY ~~,9..: lOG $ AUTOMOBILE LIABILITY ;::g~~~~~I~INGlE liMIT I, - ANY AUTO BODilY INJURY (Per pel'!ion) $ - ALL OWNED - SCHEDULED BODilY INJURY (Peraccidenl) $ - AUTOS - AUTOS NON-OWNED rp~~PE~-'~I~AMAGE HIRED AUTOS AUTOS $ - - $ UMBRELLA LIAB --1 ~UR EACH OCCURRENCE $ - EXCESS lIAB ClAIMS-MADE AGGREGATE $ OED I I RETENTION S $ WORKERS COMPENSATlON WCSTATU- 10,)",';'- AND EMPLOYERS' UABIUTY VIN ANY PROPRIETOR/PARTNERlEXECUTIVE D EL EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? NI' (Mandatory In NH) El. DISEASE - EA EMPLOYE $ ~~~c~rm~ '8'~'6PERATIONS below El. DISEASE - POLICY LIMIT $ B VOlunteer/participant AI L00203932-001 H/4/2010 12/4/2011 Medical Payments $15,000 Accident XCESS COV - $0 OED AD&D $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddItional Remarks Schedule, If more space Is required) The City of Ashland, its officers, employees, and agents are included as additional insureds with respect to the operations of the named insured. CERTIFICATE HOLDER CANCELLATION (541)552-2059 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCelLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: Bryn Morrison 20 E Main St AUTHORIZED REPRESENTATlVE Ashland, OR 97520 Rusty Poehner/RUSTY 9-4f- <~~, - ACORD 25 (2010/05) INS02!iI?n1nn'ilnl @1988.2010ACORDCORPORATlON. All rights reserved. ThA Ar.OQn n::unA :lnn Innn :lrA rAnic:tArAn m:lrltc: nf Ar.nQn