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Home My WebLink About2002-197 Grant - St Clair Productions CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: St. Clair Productions 20 E Main Street Address: P.O. Box 835 Ashland OR 97520 Ashland, OR 97520 (541) 488-5300 Telephone: 541 FAX: (541) 488-5311 Date of this agreement: July 1, 2002 Amount of grant: $1,000.00 Budget subcommittee: Economic and Cultural Development Contract made the date specified above between the City of Ashland and Grantee named above. RECITAL: City has reviewed Grantee's application for a grant and has determined that the request merits funding and the purpose for which the grant is awarded serves a public purpose. City and Grantee agree: 1. Amount of Grant. Subject to the terms and conditions of this contract and in reliance upon Grantee's approved application, the City agrees to provide funds in the amount specified above. 2. Use of Grant Funds. The use of grant funds are expressly limited to the activities in the grant application with modifications, if any, made by the budget subcommittee designated above. 3. 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. 4. 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. 5. Living Wage Requirements. If the amount of this contract is $15,345 or more, and if the Grantee has ten or more employees, then Grantee is required to pay a Jiving 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. 6. 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 (;rant Contract 2002-03 Page I or'3 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. 7. 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. 8. 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, subrogations, 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. 9. 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 $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 or Finance Director prior to the expenditure of any grant funds. 10. 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. GRANTEE CITY OF ASHLAND By./~~_~ .~~_~_ '~ By ~Finan~ //~-/~"~ By Title Account Number: (for City use only) Grant Contract 2002-03 Page 2 of 3 City of Ashland LIVING per hour effective June 30, 2002 (increases annually every June 30 by the ter, Consumer Price Index) For all hours worked under a service contract between their employer and the City of Ashland if the contract exceeds $15,345 or more. For all hours worked in a month if the employee spends 50% or more of the employee's time in that month working on a project or portion of business of their employer, if the employer has ten or more employees, and has received financial assistance for the project or business from the City of Ashland in excess of $15,345. ? If their employer is the City of Ashland including the Parks and Recreation Department. In calculating the living wage, employers may add the value of health care, retirement, 401 K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the employee. Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it will be seen by all employees. CITY OF ASHLAND ACO,RD CERTIFICATE OF LIABILITY INSURANCE TM. DATDEC 26 2' PRODUCER MID VALLEY GENERAL AGENCY LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3400 STATE ST G 740 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SALEM OR 97301 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE: 503-365-7001 FAX: 503-365-7354 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: EVANSTON INSURANCE COMPANY 35378 ARIELLA ST. CLAIR INSURER B: DBA: ST. CLAIR PRODUCTIONS PO BOX 835 INSURER C: COPY FOR YOUR ASHLAND OR 97520 INSURER D: INSURER E: nnvroen_rc 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 CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTI'JE DATE MMlDDlYY POLICY EXPIRATION DATE MMIDD/YY LIMITS GENERAL LIABILITY CL360200103 JAN 17 03 JAN 19 03 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE IX] OCCUR MED. EXP (Any One Person) $ 1,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG. $ 2,000,000 1 POLICY 7 [7 Pgc).iFr.T F-1 I or AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBERELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND we sTATU I OTHER TORY LIMIT EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERlEXECUTIVE E.L. EACH ACCIDENT $ OFFICERRAAMBER EXCLUDED? E.L. DISEASE-EA EMPLOYEE $ R yes, describe under SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ OTHER: DESCRIPTION OF OPERATIONS/LOCATIONNEHICLES/EXCLUSIONS ADDED ENDORSEMENT/ SPECIAL PROVISIONS THE CITY OF ASHLAND IS INCLUDED AS ADDITIONAL INSURED PER M/E-009. CFRTIFICATF Mn1 nFR I I ADDITIONAL INSURED: INSURER LETTER: CANCFI I ATIAN THE CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE MAIN ST 2O E EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 . . DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT ASHLAND, OR 97520 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, IT,'S AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE MID VALLEY GENERAL AGENCY LLC Attention: ACORD 25 (2001/08) Certificate # 11470 Herman R. Deiss ' EVANSTON INSURANCE COMPANY MARKEL ADDITIONAL INSURED ENDORSEMENT if shown in the Common Policy Declarations. If no entry is shown the effective date of the endorsement is the same as the effective date of the p 'ATTACHED TO AND FORMING EFFECTIVE DATE 'ISSUED TO PART OF POLICY NO. OF ENDORSEMENT CL360200103 01-17-03 St. Clair Productions THIS ENDORSEMENT CHANGES THE POLICY. SECTION II - WHO IS AN INSURED of the Commercial General Liability Form is amended to include: Person or Entity: The City of Ashland 20 E. Main St. Ashland, OR 97520 as an additional insured under this policy, but only as respects negligent acts or omissions of the Named Insured and only for occurrences, claims or coverage not otherwise excluded in the policy. It is further agreed that where no coverage shall apply herein for the Named Insured, no coverage nor defense shall be afforded to the above-identified additional insured. Moreover, it is agreed that no coverage shall be afforded to the above-identified additional insured for any "bodily injury," "personal injury," or "property damage" to any employee of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury. AUTHORIZED REPRESENTATIVE DATE M/E-009 (4/99)