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HomeMy WebLinkAbout2003-111 Grant - Ballet Rogue CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND 20 E Main Street Ashland OR 97520 (541) 488-5300 FAX: (541 ) 488-5311 GRANTEE: Ballet Rogue Address: 451 Holly St. Ashland, OR 97520 Telephone: Date of this agreement: July 1, 2003 Amount of grant: $4,500.00 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 $15,713.00 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. 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 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 Economic and Cultural Development Grant Contract 2003-04 Page 1 of 3 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. GRANitE ,, ^ By CITY OF ASHLAND Finance Director Date Title Account Number: (for City use only) Economic and Cultural Development Grant Contract 2003-04 Page 2 of 3 City of Ashland LIVING effective, June .30, 2003 ~per,hour ..... , .~ ., ,,.:.,..' .,... , , (increaseS:annU~liYlevery June:30 by,their,.I, Consumer Pric~e~ :,Index) '. ,.' ',',..:.'. ' · , For all hours worked under a service contract between their employer and the City of Ashland if the contract exceeds $15,713 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 $15,713. 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, 401K 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 wdte 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 CITY OF - SHLAND June 11,2003 Andrew Axer Ballet Rogue 451 Holly St. Ashland, OR 97520 Dear Andrew Axer, The City of Ashland Budget for the 2003-2004 fiscal year was adopted by the City Council on June 3rd. Your grant award of $4,500.00 is included in this budget. The City requires grant recipients to provide a certificate of insurance indicating liability coverage of not less than $500,000.00 per occurrence. The City of Ashland, its officers, and employees should be named as additional insureds. Upon request please provide documentation compliance with Section 3 of Resolution No. 2000-25. Please note the new Living Wage requirements listed in item number 5 in the Financial Assistance Award Contract. This does not apply to you if your grant is under $15,713.00. Please sign the enclosed contract and return it to the City as soon as possible. Once the contract and current certificate of insurance are on file, payment can be implemented any time after 7/1/03. Sincerely, Lee Tuneberg Finance Director Enclosures Finance Department D.L. Tuneberg, Director 20 East Main Street Ashland, Oregon 97520 www.ashland.or, us Tel: 541-488-5300 Fax: 541-488-5311 TTY: 800-735-2900 ACORD.. C. ERTIFICA, _: OF LIABILITY INS U . I DATE (MM/DD/YY} 04/21/03 =RODUCER Security Insurance - Ashland 707 MurDhy Road Mec~ford OR 97504 Phone: 5&1-772-1111 INSURED Balle_t Rogue c/o Glenn Hill P.O. Box 1207 Ashland OR 97520 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER k America~ States INSURER B: INSURER C: ~ll~illl R I U~IUIII/'II. I~lr~i ~-~,,~ INSURER D: INSURER E: 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 OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO 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. ' ~ INSR LTR TYPE OF INSURANCE I POLICY NUMBER IDATEPOLICY(MM/DD/yy)EFFECTIVE_1 POllCYDATE (MM,/DD/yy)EXPIRATION Ii ' LIMITS I GENERAL LIABILITY EACH OCCURRENCE $ 1,0 00 · 000 ,,, A X COMMERCIAL GENERAL LIABILITY 01-CC-201657-5 05/18/03 05/18/04 FIRE DAMAGE (Any one fire) $ 200· 000 ICI_AIMS MADE OCCUR (Any one person) $ , MED EXP 0 0 0 0 PERSONAL & ADV INJURY $ 1 · 0 0 0 · 0 0 0 GENERAL AGGREGATE $ 1,0 00 · 000 GEN'L AGGREGATE LIMIT APPUES PER: PRODUCTS-COMP/OPAGG $ 1, 000,000 ,----] POLICY I" IPRO- JECT I 1 LOC ~ , AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ma accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) .... HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE -- (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~JANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE I OCCUR J-----J CLAIMS MADE AGGREGATE $ I DEDUCT[]LE RETENTION $ $ WORK~RS COMPENSATION AND J wc STATU- I OTH- TORY LIMITS ~ ER EMPLDYERS' LIABILITY E j_ EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEE ' E.L DISEASE - POUCY LIMIT OTHER . DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS T~e ce:L't:[:E:J, cate holc%er is an Ac~3~.tio~[ T=su. rer3 - see form CG7635 10/03. attached. CERTIFICATE HOLDER J'Y J ADomO.ALINSURED; INSURER LETTER: A CANCELLATION The City of AshlanG 20 East Main Street Ashland ;OA, 97520 1 ACORD 25-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE .THE EXPIRATION ~^TETH~REO~,'mEtSSt~N~USt~ERW~U. EU~E~VOR'm~,U~L 3.0 ':~YSW~rrEu NOTICE TO ~ CER33RCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TD DO SO SHALL IMPOSE NO OBLIGA31ON OR UABILI3Y OF ANY KIND UPON THE INSURER, ITS AGENTS OR © A~;~JD CORPORATION '1988