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HomeMy WebLinkAbout2004-128 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: 809 W. 1st Phoenix, OR 97535 Telephone: 5414882364 Term of this agreement: July 1, 2004 to June 30, 2005 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. Grantee will report in writing on the use and effect of granted monies compared to the original request (as modified) per the following: a. Within 90 days of the event completion (Single event applications) b. As part of a subsequent application for grant funds from the City c. Within 90 days of the budget fiscal year Grant applicants awarded less than $2,500 are encouraged to maintain documentation to this effect but are not required to submit a report unless requested by the City except under 2 b. 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 book,,; 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 $15,964 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. Grant Contract 2004-05 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 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 Manacjer 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. CITY OF ASHLAND Finance Directo~ Date "? Z/O ,~ Account Number: (for City use only) Grant Contract 2004-05 · ' ACORD. PRODUCER Security Insurance - Ashland a JBL&K company - Ashland 707 Murphy Road Medford OR 97504 Phone:541-772-1111 Fax:541-494-2737 INSURED CERTIFIC/' OF LIABILITY INS[' .ANCF 'o,,, '~TATE-2 04/21/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NO'I' AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. B~llet Rog~__e c/o Glenn Hill P.O. Box 1207 Ashland OR 97520 INSURERS AFFORDING COVERAGE INSURER A: American States Insurance INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES 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. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) UMITS GENERAL LIABIETY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 01-CC-201657-6 05/18/04 05/18/05 FIRE DAMAGE (Any one fire) $ 200,000 I CLAIMS MADE JxJ OCCUR MED EXP (Any one person) $ 10,0 0 0 PERSONAL & ADV INJURY $ i ¢ 0 0 0 ~ 0 0 0 GENERAL AGGREGATE $1,0 0 0,0 0 0 GEN'L AGGREGATE UMIT APPLIES PER: PRODUCTS - COMP/DP AGG $ i ~ 000 ~ 000 J poL,CYJ--1 ~0- -- JECT J JLOC AUTOMOBILE UABILITY 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 (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ I ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ J OCCUR [~ CLAIMS MADE AGGREGATE $ $ I DEDUCTIBLE $ RETENTION $ $ I WL; STA1 U- L)TH- WORKERS COMPENSA'I']ON AND I TORY LIMITS ER EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The certificate holder is an Additional Insured - see form CG7635 10/01 attached. CERTIFICATE HOLDER y ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION 1AAAAAA The City of Ashland 20 East Main Street Ashland OR 97520 ACORD 25-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POUCIES IBE CANCELLED BEFORE THE EXPIRATIOI' DATE THEREOF, THE ISSUING INSURER WlLL ENDEAVOR TO MAIL 10 DAYS WRITrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBMGATION OR LIABILR'Y OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. <DACORD CORPORATION 1988