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HomeMy WebLinkAbout2003-112 Grant - Comm Theatre 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: Ashland Community Theatre Address: PO Box 3284 Ashland, OR 97520 Telephone: Date of this agreement: July 1, 2003 Amount of grant: $4,000.00 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 $15,713.00 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 I 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 $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the City shall be filed with the City's Risk Manager or Finance Director prior to the expenditure of any grant funds. 10. Merger. This contract constitutes the entire agreement between the parties. There are no understandings, agreements or representations, oral or written, not specified in this contract regarding this contract. Grantee, by the signature below of its authorized representative, acknowledges that it has read this contract, understands it, and agrees to be bound by its terms and conditions. By CITY OF ASHLAND Date Title Account Number: (for City use only) Date Economic and Cultural Development Grant Contract 2003-04 Page 2 of 3 CERTIFICATE OF LIABILITY INSURANCE Me~uc~ (503) 2~7 -0491 ' F~ (503) 227-0927 THIS GERTIPICATE Il I~ED AS A MA~ER OF INFORMATION ONLY AND CON~ NO RIGHTS UPON THE C~TIFICATE Ga teS CreeA ] nsurencm Servi ces, I nc. HO~ER, ~lS CERTIFICATE.DOES NOT AMEND, 800 NW 6th, SU itc 335 AbTER THE COVE~GE AFFORD~ aY THE POLI~,IES .BELOW. Portland, OR 97Z09 Rust~ Po~ner INSUREE~ AF~I~ COVE~GE ~.su~FAshiand ~mmunit7 ~ea~re ~,~u~.~= C lerendon ~n~urance P0 Box 32~4 ,, v,., ASh I and, CE 97~20 , I~UAER C: J' 1~3URBR ~; .. J I~U~ER E~ ,, THE POL[OIE$ OF INSURANCE~ LISTED BELOW HAVE BEEN ISSUED ~O THE INSURED N~ED ~O~ FOR ~E PDUCY PERICD INDI~ATED, NO~ITHSTAND[N( ANY ~UIREM~NT, YERM OR ~NDIT~ON OF ANY GONT~ OE ~ER ODDMENT WI~H EESPECT TO WHICH ~19 CERTIRCATE MAY EE 166UED OR MAY PERTAIN, THE [N~U~NGE AF~OEDED BY THE POUC!E~ D~IBED HEREIN i9 9~JE~ TO ALL THE TE~M9, EXCLUSIONS AND CONDITIONS O~ SUCH POLI~IEO, A~GREGATE LIMITS SHOWN MAY HAVE gBBN A~UCED gY PAID , J ~t~ ~D~ ~ o~o~. ~N'LA~REGATE6tM1T~LI~PER: j PRODUG~-g~AGG $ ~ ,0~,000 ~ ANY AUTO I~ ..... ALL OWNED AUTOS ~ ~ODLLY INJURY ~ ~°~'cw~o ~u~ ! ~ , ~j~J ~Y A~O  ~TO ONLY: ~" ~ j, ,, ,, BMp~~ L~IU~ J E.L. O~I~MB~R E~UDGD9 [ ~.L. DIS~ - ~E~LOYEE Th~ Ci=y o~ ~hland, i:5 o~Etce~s, employees and ages ~nde~ :his poi icy. CEFtTIRCA~'I~ HOLDER L C Cy o f Ash[and, Oregon F nance Dlrec=cr 20 E. Main S=reet Ashlend, OR 97820 ACORD 25 (ZOOlF08) FAX: C541 ) 488-6311 CANCELLATION .., .~i4OULD ANY OF THE ABDV~ O~G~RIBED POI.1C1Ell BE CANCELLED EEl=ORE TEE F..XIqRATI~N DAT.~ TMIRIDF, TME ImmUINe IN~URER WILL ENDFaAVDR TO ~.RtL 30 DAYG WRIIg'GN KOTJCE TO THE CERYiFJCA,'rL~- # OLI~gR NAMED TO TH E LEFT BUT FAILURE TO ,AIL ,uo, NOTICE ,H~i.L WIPO,I~ HQ I;)~4.IgATIO, DR LL~EILI'rY ' OF A/dY HIND UPON THE IN~8~iR~IT~ R~.PRF.~Fd4TATIVES. ' ' . ~ ~ ! - ~ACORD CORPORATION 1956 15: @~ PAGE 01/01 Francis L. Dean & Associates, Inc. The Nation's Leader In Sports/Insurance 1776 South Naperville Road~ Bldg B Whea~on~ Illinois 60187 (800)745-2409 Phone (630)665-7294 Fax ~une 17, 2003 FAX COYB'R F~rEET Rus.W l'oeh~er From: Breda Dean F.L Dean & Assooi&t,s, Inc. Azhland Community Theatre Liability Policy Numbcr ECP000305-00 Number of Bages Including Cov~r Sheet: ! The above i.u~ur~ h~ pm'chaaed liability cov~age on ~ ~ basis. ~owevg, our pokey n~be~ c~ge e~h cal~d~ ye~, so cover~ is sho~ to ~e on 1/0 I./04. Plaase be a~xds~d ~at a second ce~cate will be iasued (sho~ly) ~howing ~e eff~tive ~ of 1/ot/0~ ~ou~ 5/05/04. this is not a~ep~able, please notify me witEn the n~xt 10 da~ and I will be happy to c~eel the policy fiat urkll a full r~fund. JUN-iT-800: TUE 12:09 TP_I_t503E870S98 NAM~IGA~ES CREEK INS P. ~ ~'~X la'o, 503 227 09,27 GALES CREEK INSURANCE SERVIEES FAX TRANSMITTAL DATE: June 17, 2003 TO: Finance Director, City of Ashland CC: Doug Mitchell, Ashland Community Theatre FAX #: 541) 488-~311 FROM: Rusty Poehner, ext 27 rusty~galescreek, com RE: Ashland Community Theatre- certificate of insurance Attached you will find a Certificate of Insurance naming the City of Ashland, et al, as Additional lnsured's under ACT's general liability policy, per your contract requirements. The certificate only lists coverage from 5/3/03-1il/04, This is because the Clarendon policy under which their coverage Is afforded is issued on an. annual basis with a January 1 renewal, regardless of the renewal dates of individual coverage ho[dem. I have attached a letter from Francis L. Dean & Assoc., from whom we purchased the policy, affirming that ACT has indeed purchased one full year of coverage, with effective dates of 5/5/03-5/5t04, and agreeing that they will issue an additional certificate for the balance of the term as soon as they are advised of the renewal policy number. I also affirm, on behalf of Gales Creek Insurance, that ACT has purchased annual liability coverage with effective dates of 5/5/03-5/5104. i hope that these assurances will be sufficient for ACT to uphold Its contractual obligation to the City of Ashland. If you require any further clarification or Information, please don't hesitate to contact me. Thank you for your understanding of this difficult logistical sltuatlon, total transmittal (including cover): 3 Union Station 800 NW 6th Ave Portland, Oregon 97209 phone: 503)227-049t fax: $03)227-0927 Callfo~'nia License' #0646672 ' The information con~a[ned in this fa~tml]e tmr, smissi0n IS legally 13r]vllege,~ and c~r, fldential information only for the use of the tn¢ividual or e~,t~ named above. If the ~'aacler of this transmission 1-~ not the Intend$ct ~ecl~31ent, you are haT. by no{ifled that any use~ dissemination, ¢.~ dlstrlbution of this transmi[tal [s strict~ pr~Hbltecl. If you have received this transmission [n em;r, please net},~' us by' telephone and tatum the orig|rle[ transmission to us at 'J)e abeve add,ess via US Mail. 2000/JUN/17/SAT 0'2'59 PM GALES C~EEK INS ~AX N/- 503 227 0927 P. 001 0G/17/2003 1G:54 DEaN AND A$$0C PAGE 01 Francis L. Dean & Associates, Inc. Th, e Nation's Leader In Sports insurance 1776 South Naperville Road, Bldg B Wheaton, Illinois 60187 (800)745-2409 Phone (630)665-7294 Fax ~w,r. fde .an..co~ Julte 17, 2003 FAX cov~ smear Rus~ ~oehner Gales Creek ~-~uce S~ic:s Breda Dean F.L Dean & Associate% Inc. Ashland Community. Theatre Number of Pages In. cludl,.g Cover Sheet: 2 Rusty, Attar. bed i~ the additional insured certificate you. requested. I will forward the extension certificates as soon as possible. ('It could be as cm:Iy as next Monday) I'm expecting the .2004 policy numbers any day now. 2000/'JUIq/[?/SA'T 0t~'00 PM GALES CREEK INS I:AX 1,[,:,, ~,0'3 221 0c3'27 P, 002 08/17/200g 16'54 ~306657294 DEAN AND A$$0C PAGE 02 ..... :,~:~gf,~-.. 10/17/02 PRODUCER THIS CERWFICA~E iS ISSUED A~ A MA~ER OF INFORMATION ONLY ~ND CONFE'R3 NO RIGH~ UPON THE CER~FI~TE FOR SERVICE CALL: HO~E". THIS CERTIFICATE DOES NOT AMEND, ~END DE F~NClS L. DEAN & ASSOCIATES, INC ..... ~LTER THE C~YE~GE AFFORDED BY THE?q~I~IES BE~W. WHEATON, ILLINOIS _~. COMPANIES. AFFORD.lNG COVE~GE . 63B/6~5-7011 A C~RENDON AMERICA INSU~NCE COMPANY , ,, INdUe'ED ~PORT8 AND R~R~TIDN PR~IDE~ Ae~OC~TION PURCH~ING ~UP COMPAtJY ASH~ND ~MMUNI~ TH~TRE COMPANY P.O BOX 3284 C ASH~ND. OREGON 97520 CERT.~4016 co~ D ~8 i8 ~ CERTI~ THAT ~E PO~IO1E8 OF ]NSM~CE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED N~ED ABOVE FOR THE POLICY PEKOE INDI~TE~, NO~)THST~DING ~Y RE~UIREME~, TER~ OR 60NPlTION OF A~ OONTRA~ OR OTHER DOCUMENT WITH RESPECT TO WHICH CERTIFICA~ MAY B~ I~SUED OR ~Y PERTAIN~ THE t~SUEANCE ~FO~DE~ ~ Y THE POLI~ D~CEIBED HE.IN IS CUBJE¢ TO ALL THE TERMS. ~OLUSIO~S AND CONDITIONS ~F ,SUCH POLICIES, Ll~f~ SHOW~ ~&~ HAVE ~BEN REDUCED BY PAID O~IMS. L~ ~PE OF INSU~NC[ POLI~ NUMB~ POUGY EFFE¢I~ POLLY ~.~¢t~ON LIMITS ..... DATE (~DD~) QA~ (~~ , ................... GEN~L LIABIL~ GmERAC AGG~GA~ ~ $ . [, ............. ~C~t~S ;dARE ~O~UR ECPO00305-00 ~05/03 1101/~ P~RSOdAL &~VINJDRY ~, 1 ~,E~'s · co~.'s .~ot ~ ~c~ o~u~euc~ s I ,OQO~O00,~._ X , , ,,, .... , ....... , ,, AUTOMOBILE L~ILI~ .... COM~I~ED 8INGLE LIMIT ~Y AUTO , .... i_~ ALL OWNED AUTOS BODILY INJURY ~ $ H~ R~ ~ NON-OWNED AUTO~ ~' GAUGE LIABILI~ ~UTO oNLY. EA ACCIDENT ANY AUTO OTN~ TNAN AUTO 9NLY; ~ ., , ~OES~ EI,ABILI~ EACH OCCURRENCE ,, .... _.,~ UMBRELLA FORM AGGREGATE I~ O~EE THAN UMDR~LLA FORM I' ~ sr~C .... l .... ~- ' E~FLO~RD' LIABILI~ ~ EL ~CM ACCIDENT ~ ~ THE PROPRIETO~ ~ [NCL ~ [ EL DISUSE - POLICY LIMIT ' $ Br, fCE~A~E: J J ~CL . ' ~L DISEASE - ~ ~Pi-O~E ' $ , . , .... ~ , , ,,,.,,~ .... ~HER THE CERTIFICATE HOLDER IS ADDED AS AN ADDITIONAL INSURED, BUT ONLY WITH RESPECT TO LIAB!LI~ ARISING OUT OF THE ODE~TIONS OF THE ABOVE NAMED INSURED. 3HOUL0 ~OF mE ABOVE D[SO~I~ rOLl'ES eE CANCELLED BEF0~ THE THE CI~ OF ASH~ND. I~S OFFICERS, EMPLOYEE5 ~.[~o..n~, ~OF, ~ mSu.~e co~.~NY ~L~ ~U.~vOR ~O M~L AND AGENT5--30 ~Y8 WRITER NOTICETO ~ECER~FICrA~HOLDERN&MEDTO THE A~N: FI NANCE DIRECTOR e~ Fn,[UR~ To M~ 8uc, No~lc~ SH~ ~M.os~ No o~uen~or, o. u~muw ASHLAND, OREGON 97520 Au~OR~ED REP~SENT~E ' Francis L. Dean I~' ~" ~ ~ , ~: · ~ . - ' ~: .ac~ - . , ~300/.IUN/i?/SA? 01 54 PM GALES Cl~EEK IHS I:AX No, 503 227 GALES CREEK iNSUKANCE SERVICES FAX TRANSMITTAL DATE: June 17, 2003 TO: Finance Director, City of Ashland CC: Doug Mitchell, Ashland Community Theatre FAX #: 541) 488-5311 FROM: Rusty Poehner, ext 27 rusty@galescreek.com RE: Ashland Community Theatre- certificate of insurance Attached you will find a Certificate of Insurance naming the City of Ashland, et al, as Additional Insured's under ACT's general liability policy, per your contract requirements. The certificate only lists coverage from 513/03-1/1/04. This is because the Clarendon policy under which their coverage is afforded is issued on an. annual basis with a January 1 renewal, regardless of the renewal dates of individual coverage holders. I have attached a letter from Francis L. Dean & Assoc., from whom we purchased the policy, affirming that ACT has indeed purchased one full year of coverage, with effective dates of 5/5/03-5/5/04, and agreeing that they will issue an additional certificate for the balance of the term as soon as they are advised of the renewal policy number. i also affirm, on behalf of Gales Creek Insurance, that ACT haS purchased annual liability coverage with effective dates of 5/5/03-5/5/04. I hope that these assurances will be sufficient for ACT to uphold its contractual obligation to the City of Ashland. If you require any further clarification or information, please don't hesitate to contact me. Thank you for your understanding of this difficult logistical situation. - total transrnittal (including cover): 3 Union Station 800 NW 6'hAve Portland, Oregon 97209 phone: 503)227-0491 fax: 503)227-0927 California License' #0645572 The information contained in this facsimile transmission is legally privileged and confidential information only for the use of the individual or entity named above, If the reader of this transmission is not the intended recipient, you are hereby notified that any use, dissemination, or di.~trfbution of this tran.~rniffal is .~fdcflv ~rohibited. If you have r~.cP, iv~.d this tr~n.~rni,~sion In 20OO/,IIJN/'17/'I6A'T ........ f-'t1'~,5 PI,,~ O,eLES CP~EE~'~ IN,q I~Ai~i l'i', 5~32: '-' "-' ~ z ,, 092/~'?, [}02 I DA?E (MM/DD/YYYY) ACORD C,ERTIFICATE OF LIABILITY INSURANCE o6/ 7/2oo3 P~o=uc=R (503) 227-0493 FAX (503) 227-0927 THIS CERTIFICATE i'S ISSUED AS A MATTER OF INFORU~TION Ga 1 es Creek Insurance Serv ices, I nc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE · . HOLDER. THIS CERTIFICATE.DOES NOT AMEND, EXTEND OR 800 NW 61~h, Su i'l~e 335 ALTER THE COVERAGE AFFORDE..D_.BY THE POLICIES BELOW. Portland, OR 97209 Rusty Poehner INSURERS AFFORDING COVERAGE NAIC # ~,su.E~ Ashland Communi~.y Theatre I,SU~E.~.~: Clarendon Insurance Co. PO Box 3284 ~NSURERB: Ashland, OR 97520 [NSU~ERC: INSURER D; INSURER E: ' _ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A~BOVE FOR THE POLIC¥ PERIOD INDICATED. NOTWITHSTANDINc ANY REQUIREMENT, TERM OR CONDITION O.F .ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFI~TE MAY BE ISSUED MAY PERTAIN, THE 1NSU~NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TE~M~, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C~IMS. ~ T~ I U~er ~PE OF INSU~NCE POLI~ NUMBER ~T~M~~ ._,b~ ! GENE~L LI~B[U~ ECPO00305-00 05/03/2003 01/01/2004 ~cH OCCURRENCE $ 1 , 000,"000 X COMMERCIALGENE~L LIABILI~ DAIdAGE~O RENTED $ ~0,000 NONE A X P~,SO~AL ~ ~SV INJU~' S 3,000,000 .... GENE,~AL AOGREGATE $ ~, OOO. 000 GEN'L AGGREGATE LIBIT APPLIES PER: PRODUCT.S - COMP~ ~ea $ 1 , O00,000 X J POLICY ~JEcTPRO- ~ LOC ' AUTOMOBILE LIABILIW COMBJNAD SINGLE LIMIT ANY AUTO (Re ecddent) ALL OWNED AUTOS BODIL7 INJU~ -- SCHEDULED AUTOS [PerPemon) HIRED AUkS ~ODILY INJURy NON-OWNED AUTO5 (Per acddent) P~OPER~ DAMAGE (Per accident) GAUGE UA61LI~ A.~ ONLY - ~ ACCIDENT ANY AU~ O~ER THAN ~ ACC AUTO ONLY; A.GG , 'l ,.~ J R~ENTION S WORKERS COMPENSA~O. AND JTo~yW~ 5TATU-LIM~S l'~' EMPLOYERS' LIABIU~ EL ~CH AC~tDENT ANY PROPRIE~ ~PARTNE~ ECU~VE OFRC~MEMBER EXCLUDED? ~.L, DIS~E - ~ EMPLOYE~ lt~, deac~e under SPECIAL pROVBIONB ~el0w E.L. DIS~E ~ POLICY UM~ . . ~ .... , DESCRIPTION OF OFER~TION& / LOCaTIO~ fVEH1C~ / ~cLUBIo~S AODED BY ENDORSEMENT/SPEClRL PR~IalON8 The Ci:y of Ashland, i:s officers, employees and agents are included as Additional lnsureds under this poll .,, ,, ,,, CERTIFICATE HOLDER 'Ci~j of Ashland, Oregon Finance Dfrec~or 20 E. Main Street Ash.land, OR 97520 ACORD,25 (2D01108) FAX- (541) 488-533 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED PoLIciEs BE, CANCELLED BEFORE THE ES[PIEATION b.&"l'~ THEREOF, THE IESUIN~ INSURER WILL END~VOR TO ~IL 30 DAYS WRI~EN NOTICE TO THE CER~FIC~TE HOLDER N~ED To THE B~ FAILURE ~ MAIL SUCH N~ICE ~HALL IMPOSE NO OBLIGATION OR LIABILI~ OF.~NY KIND UPON THE INS~~R REPRESENTATIVES. Rust~ PoehneF '" - ~ ~ I ~ACORD CORPORATION 1988 t 20OO/JUN/1,/oAT' Oi 55 PM O~,LBS C~EEK INS ~'AX N,i 503 2 U 092? 06/17/~883 15:B3 DEAN AND ASSOC P~GE 01/81 Francis L. Dean & Associates, Inc. The Nation's Leader In Sports Insurance 1776 South Naperviile Road, Bldg B Wheaton~ Illinois 60187 (800)745-2409 Phone (630)665-7294 Fax June 1'7, 2003 FAX COVER SHEET To: Rusty Poehner Gales Creek I,,smatace Services Bred2 Demi F.L Dean & Associates, Inc. Ashland Community Theatre Liability ?oli~y Numbor ECP000305-00 Number of Pages Including Cover Sheet: 1 The above J~nsm-r,'!.. h,~ pm:chased liability coverage on an annual basis. However, our policy numbet~ change each calendar year, so coverage is shown to expire on I/01/04. Please be advised that a ~econd certificate will be issued (shortly) -~howing the effective dates of 1/01/04 through 5/05/04. If this is not acceptable, please notify me withrt the next 10 days and I will be happy to caaace! the policy flat wi~ a full refund,