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HomeMy WebLinkAbout2004-130 Grant - R.V. Symphony 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: Rogue Valley Symphony Address: 1250 Siskiyou Blvd. Ashland, OR 97520 Telephone: 5415526354 Term of this agreement: July 1, 2004 to June 30, 2005 Amount of grant: $6,000.00 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. 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 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 $15,964 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 IMng 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, employe,es and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogetions, 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 boclily 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 ~ Finance Dire~~---' Date Account Number: (for City use only) Grant Contract 2004-05 ACORD.. CERTIFICA OF LIABILITY INSURAN" - ROGUE27 | 09/19/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Protectors Iasuraace, T.T.C HOLDER. THIS CERTIFICATE DOES NOT' AMEND, EXTEND OR 514 Crater Lake Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Med.Eord OR 97504 Phone: 541-773-5358 Fax: 541-772-1906 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: American states Ins company INSURER B: Rogue Vallev S. ymphony Assoc SOSC Music Blab INSURER C: 1250 Siskiyou ~lvd INSURER D: Ashland OR 97520 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 V~TH 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 %OD'L POLICY EFFECTIVE POLICY EXPIRATION LTR iNSR£ TYPE OF INSURANCE POLICY NUMBER DATE {MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,0 0 0,0 0 0 A X I COMMERCiALGENERALLiABiLiTY 01CE641830 09/01/03 09/01/04 DAMAGE I(~[:Nll-IJ PREMISES (La occurence) $ 2 00,000 CLAIMS MADE [~ OCCUR MED EXP (Any ()ne 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 LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ I, 0 0 0,0 0 0 POLiCy[It PRO- -- JECT I ]LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (La 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 $ ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ $ DEDucTIBLE $ RETENTION $ $ I WC STATU- [ I OTH- WORKERS COMPENSATION AND _[TORY LIMITS [ ER EMPLOYERS' LIABILITY .... ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - lEA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Ashland, its officers, and employees are hereby added as additional insureds as respects the operations of the named insured. CERTIFICATE HOLDER 'CANCELLATION City of Ashland 20 E. Main Street Ashland OR 97520 CITYAS2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 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. ACORD 25 (2001/08) © ACORD CORPORATION 1988 ROGUE VALLEY ,~ ymp ny. 1250 SISKIYOU BLVD ASHLAND, OREGON 97520 Roy Lindsay PRESIDENT BOARD OF DIRECTORS Arthur E. Shaw MusIc DIRECTOR CONDUCTOR Francis Van Ausdal EXECUTIVE DIRECTOR BUSINESS OFFICE (541) 552-6354 TICKET OFFICE (541) 552-6398 FAX (54~) 552-6353 EMAIL office@rvsymphony, org WEBSITE www. rvsymphony, org June 28, 2004 City of Ashland Lee Tuneberg, Finance Director City Hall Ashland, OR 97520 Dear Mr. Tuneberg: Please express to the City Council and the Mayor, the gratitude of the Rogue Valley Symphony Association and the Board of Directors for the grant you have awarded us. We are so proud that the City decided to increase our grant. Since the Oregon Arts Commission eliminated funding, government support for the arts has virtually disappeared from Oregon. Ashland's decision that the arts are essential to our community is a positive reinforcement to all of us in this field. Local support, such as .,/our grant, indicates to agencies outside of our immediate area the value residents place on our programs. I will have my insurance company forward the appropriate insurance documents to you. Thank you again for your vote of confidence. Sincerely, \, Francis Van Ausdal Executive Director