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HomeMy WebLinkAbout2011-122 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 #424 Ashland OR 97520 Medford, OR 97501 (541) 488-5300 FAX: (541) 552-2059 Telephone: (541) 608-6400 Term of this agreement: July 1,2011 to June 30, 2012 Category amounts of grant: Tourism: $500 Economic: $1,500 Cultural: $3,000 Sustainability: 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: . , . ',,;~,:-,:; j h" Ii "\." ,;1 '<1,'. ' .", ".' '. . . , ?'. :..,;,. '.1:.:...... -+ ''::.: :'.. .~ " ,; 1, Amol1nt 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 tney .are~ ~~~~?~9'- .~_ 'f ~. . ".-~ ~,: ,,;', ,." . I .;. .:"',=:1,,." ; i? ". . ':. ,':. .:. 'J :,., I :. ...",.'-.,;. ..." . " : . . '.- _ ,_' ~..J '. .: '...' '. 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 ,~O days of the end.of the'current-budget fiscal year(October 1, 2012) ;' ".', . . , If Gran~ee ,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 .2012~2~\3.."."'."::' ," '. ',.:? ,.. . :..,. .' , 'f..'., ,.,.. ',".:". .': . I. ;:" .. ,.,l':'~ '.\ "-j..:.__~ '. ~"_ ',~,_"" _, :" If Grantee,is awarded $4,060 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 $18,890 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; 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 receipl 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 damages resulting from injury to any person (including injury resulting in death,) or damage (including 1055 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 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 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, 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 Granlee. 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. :4~4.~ 0 Title _f{(.i?o.ll)e '" , Date '~D JI o CITY OF ASHLAND L1W.- -1.- - . C r City Representati ?!p/u/( I I By Date If." ,ar. This )"'rtifies that Certificate of Insurance ~ State Farm Fire and Casualty Company, BIoomington,ltlinois State Farm General Insurance Company, Bloomington. Illinois State Farm Fire and Casualty Company, Aurora, Ontario State Farm Florida Insurance Company, Winter Haven, Florida State Farm L1oyds, Datlas, Texas S@J ..._aIllU . insures the following policyholder for the coverages indicated below: Policyholder Rogue Opera Association Address of policyholder 33 N. Central Ste 424 Medford Oregon 97501 Location of operations Jackson/Josephine County Description of operations Music venue The policies Usled below have been issued to the policyholder for the policy periods shown. The insurance desmbed in these policies is subjectlo aU the terms, exdusions. and cond"ions of those policies. The limits of liability shown may have been reduced by any paid claims. Policy Period Limits of Liability Policy Number Type of Insurance Effective Date ; Expiration Date (at beginnino of policv Deriod) 97-CC-6946-1 F Comprehensive 6/16/2011 6/16/2012 BODILY INJURY AND Business LiabUity . PROPERTY DAMAGE ___._..___.___._..__.._un__ . ...--....---------..----...- --------..------.----.-.....-.-...---.---..--...-- This insurance indudes: Products - Completed Operations Contractual LiabUity Each Occurrence $ 1,000,000_00 X Personal Injury General Aggregate 2,000,000_00 Advertising injurY $ Producl- Completed $ 2,000,000_00 - . Operations Aggregate Policy Period BODILY INJURY AND PROPERTY DAMAGE Policy Number EXCESS LIABILITY Effective Date ; Expiration Date (Combined Sinofe Limit) o Umbrella . $ 5,000_00 Each Occurrence o Other , , Aooreoate $ 5,000.00 . Policy Period Worl<ers Comoensation - StatutorY Effective Date ; Exoiration Date Partl- Wortc:ers' Compensation , Part II - Employers Liability , . and Employers Liabil"y Each Accident $ , Disease - Each Employee $ , Disease - Policy Limit $ , Policy Period limits of liability Policy Number Type of Insurance Effective Date i Expiration Date (at beginning of policy period) 97-CC-6946-1 F Business liabilty see above 2,000000.00 , THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POUCY DESCRIBED HEREIN. Name anc Address of Certification Holder City of Ashland, Its Officers and Employees and Agents 20 E. Main 51. Ashland, OR. 97520 If any of the described policies are canceled before their expiration date, state Farme will try to mail a written notice 10 the certificate holder days before cancellation, If we fail to maU such notice. no obligation or liabimy will be impOSed on State Farm or its agents or representatives. SignBfure Agent Tille Shane Cunningham, Agent Agent Name Telephone Number (541) 772-3040 S, CUNNINGHAM 31-2111 Agent's Code Stamp Agent Code I,lAFO SOIJ1HERN OREGON 1Sf472 AFO Code 1001'60 106399.10 06-'-5-2()09