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HomeMy WebLinkAbout2003-171 Grant - Ashland Gallery Association 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 Gallery Association Address: PO Box 241 Ashland, OR 97520 Telephone: Date of this agreement: July 1, 2003 Amount of grant: $2,500.00 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 I of 3 include, but are not lil,,,ced to, termination of the contract, sto~. 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 By CITY OF ASHLAND Finance Director Date ~//z7//'='-~ Title Account Number: (for City use only) Economic and Cultural Development Grant Contract 2003-04 Page 2 of 3 City of Ash d LIVIN[an 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 CitYof 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 ACORD. CERTIFICATE OF LIAB PRODUCER Insurance Marketplace, Inc. 839 E. Jackson St. Medford OR 97504 Phone: 541-779-0177 Fax:FAX 772-8235 INSURED Ashland Gallery Association John Davis P O Box 241 Ashland OR 97520 COVERAGES LITY INSURANCF . _. R [ THIS CERTIFICATEISISSUED AS A MATTER OFINFORMATION 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 INSURERA American States Ins. Co. INSURER B: INSURER C: 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 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 AN0 CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR i, TYPE OF iNSURANCE POLICY NUMBER GENERAL LIABILITY X I COMMERCIAl GENERAL LIABILITY GEN'L AGGREGA FE LIMIT APPLIES PER: JECT LOC l AU~TOMOBILE LIABILITY ANY AUTO ALL OWNED AL!TOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ~ ANY AUTO EXCESS LIABILITY OCCUR ' CLAIMS MADE A ~ DEDUCTIBLE RETENTION 01-CD-731726-9 POLICY EFFECTIVE i POLICY EXPIRATION: DATE (MM/DD/YYI i DATE (MM/DD/YY~ 03/31/03 03/31/04 LIMIT~ EACH OCCURRENCE $ i ~. 000., 000 FiRE DAMAGE (Any one fire) $ 200., 000 M ED EXP (Any one person) $ 10 ~. 000 , PERSONAL & ADVINJURY $ i ,, 000, 000 GENERAL AGGREGATE $ 2, 000, 000 PRODUCTS-COMP/OPAGG $ 2, 000, 000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS COMBINED SINGLE LIMIT {Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY ( Per accident) $ $ PROPERTY DAMAGE (Per accident) AUTO ONLY EAACCIDENT EA ACC OTHER THAN AUTO ONLY AGG $ EACH OCCURRENCE $ AGGREGATE $ $ : WC SIATU- IO,H-il $ TORY L M TS : ER I E L EACH ACCIDENT i ~ F I DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT i $ City of Ashland and its employees and agents are additional insureds. CERTIFICATE HOLDER i y I ADDITIONAL INSURED; INSURER LETTER: a CANCELLATION City of Ashland Director of Finance 20 E. Main St. Ashland OR 97520 DIRECTO ACORD 25-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOr~ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE R. Scott Weaverf CIC ©ACORD CORPORATION 1988