HomeMy WebLinkAbout2011-146 Grant - Klamath-Siskiyou Wildlands Ctr CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE: Klamath-Siskiyou Wildlands Center
20 E Main Street Address: PO Box 102
Ashland OR 97520 Ashland, OR 97520
(541)488-5300
FAX: (541) 552-2059 Telephone: (541)488-5789
Term of this agreement: July 1, 2011 to June 30, 2012
Category amounts of grant: Tourism:
Economic:
Cultural:
Sustainabilit : $3,428
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.010 (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 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 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
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 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 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.
GRANTEE CITY OF ASHLAND
By By Al-20K
City Represents
Title y L u �_�V3LC�6�-
Date ��3�i0��
Date g o1�11
CERTIFICATE OF LIABILITY INSURANCE oPID DR DnrE(Mnuoomvv)
07/07/11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE 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 ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If e certificate holder is an ADDITIONAL INSURED,the po cy es must a en orsed. N SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an ondorsement. A statement on this certificete does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
NAME:
Insurance Marketplace', Inc. -eaAli°'Ei1k
1998 Skypark Dr Suite 100 aoDRESa:
Medford OR 97504 . cusroMER ID e: XLAMA-2
Phone:541-779-0177 Fax:FAX 772-8235 . -�------�-
INSURER(S)AFFORDING COVERAGE NAIC9
INSURED INSURER A: American States Ins. Co. 19704
Xlaipatb Siskiyou Wildlands Ctr WSURER B: , --
David Levine
P e X 332 INSURER C:
Williams OR 97544 - ---
INSURER D:
INSURER F:
COVERAGES' CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE B2N ISSUED TO THE INSURED NAMED ABOVE FOR rHEPOLICY PERIOD
INDICATED. NOTWITHSTANDING ANY RFOUIREMF_M.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH 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 CONDM;NS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LLTT TYPE OF INSURANCE 1111RSWVD POLICY NUMBER MMIDDIYYYY) (MM,DDIYYV )I LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
A X COMMERCIAL GENERAL LIABILITY 01-CI-345160-2 05/18/11 /05/18113 PREMISES( CCCUnaneb` $1,000,000
CLAIMS-MADE FXX OCCUR MEDEXP(Anyonepemcn) $_101000_
X PERSONAL$AM INJURY $1,000,000
GENERAL AGGREOATE $1,000,000
GENL AGGREGATE LIMB APPLIES PER: PRODUCTS-COMP/OP AGG $1,000,000
POLICY PER LUC .
-
AUTOMOBILE LABILITY COMBINED SINGLE;IMIT I $
AMY AUTO (a aw:tlenl)
ALL OWNED AUTOS
BODILY INJURY(Per persml) $
--__ ___.,.,_._.............
SCHEDULED AUTOS
BODILY INJURY(Perewltlam) $
HIRED AUTOS PROPERTY DAMAGE' $
N014-OWNED AVTO.S $
I ......-.-_.....-..i--......................._-
UMBRELLA LIAR OCCUR -
EACHOCCURRENCE $
EXCESS IJAB CLAIMS-MADE
_ AGGREGATE It
DEDUCTIBLE
S.
RETENIIUN ¢ S
WORKERS COMPENSATION _
AND EMPLOYERS'LIABILITY YIN TORY IIMiTS EH
ANYPROPRIETOR/PARTNDED? VTN I-- µ1A E.L.EACH ACCIDENT g
CFFICFk,ry In H) EXCLUDED? t ____.......__--.-.___.............._-._._..-.._
(Myeonatlalory In NN) -- E.L.DISEASE-EA EMPLOYEE_ $
DESEHIPI'IONOFOPERATIONSIw E.L.DISEASE-POLICY'IMn $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atlaeh ACORD 101 MdlUOnal Ramarha SchMule,If more epos Is"quII
The City of Ashland, 1 8 Officers, and employees are additional insured as
.per attached CG7635 02/07
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
The City of Ashland
ACCORDANCE WITH THE POLICY PROVISIONS.
'
Lee Tuneberg AUTHORRED REPRESENTATIVE
20 East Main St
Ashland OR 97520
I
®1988-2009 ACORD CORPORATION. All rights reserved.
. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD
"'•REPRIMEO FROM THE FORM UBWY^••
EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or
Paragraph 3..of DEFINITIONS '(Section V) is replaced r ght-of-way of a railroad.
by the-following--,, , INCREASED MEDICAL EXPENSE LIMIT
3 'Bodily Injury means bodily injury, sickness or The Medical Expense Limit is amended to $10,000.
disease sustained by a person; including mental.
anguish or death.resulting from any of these at. KNOWLEDGE OF OCCURRENCE
any.time.
TRANSFER OF RIGHTS OF RECOVERY The following Is added to Paragraph 2. Duties In The
Event Of Occurrence, Offense, Claim Of Suit of
The following Is added to Paragraph 8, Transfer Of COMMERCIAL GENERAL LIABILITY CONDITIONS
Rights Of Recovery Against Others, To Us.of COM• (Section IV):
MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence ,, claim or "suit" by
tion IV):
your agent, servant or employee shall not in itself
constitute knowledge of the named insured unless an
We waive any rights of recovery we may have-against
°ff1C°r'°f the named insured h
any person or organization because of payments we as received such notice
make for Injury or damage arising out of your ongoing from the agent, servant or employee,
operations or °your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL
that person or organization and Included in the HAZARDS
"products-completed operations hazard". This waiver
applies only to a person or organization for whom you The following Is added to Paragraph 6, Representa-
are required by wrtten contract, agreement or permit
to waive these rights of recovery. Lions of COMMERCIAL GENERAL LIABILITY CONDI-
TIONS (Section IV):
AGGREGATE LIMITS OF, INSURANCE — PER
LOCATION If you unintentionally fall to disclose any hazards ex-
lsting at the Inception date of your policy, we will not
For all sums which the insured becomes legally obli- deny coverage under.this.Coverage Form because of
gated to pay as damages caused by such failure. However, this provision does not affect
under COVERAGE A (Section 1), and for all medical our right to collect additional premium or exercise our
expenses caused by,accidents under COVERAGE C right of.cancelfation or non-renewal.
(Section 1), which can be attributed only to operations LIBERALIZATION CLAUSE
At a single location":
Paragraphs 2.a. and 2.b, of Limits of Insurance (Sec- The following paragraph is added to COMMERCIAL
GENERAL LIABILITY CONDITIONS (Section IV):
tlon 111) apply separately to each of your "locations"
owned by or rented to you. 10. If a revision to this Coverage Part, which would
provide more coverage.with no additional pre-
connecting lots, o premises Involving the same or mlum,becomes effective during the policy period
connecting lots; or premises whose connection is in the state shown in the Declarations, your pol-
Icy will automatically provide this additional cov-
erage on the effective date of-the revision.
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