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HomeMy WebLinkAbout2004-156 Grant - SO FilmSociety 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: Southern Oregon Film Society Address: P.O. Box 218 Ashland, OR 97520 Telephone: 5414883823 Term of this agreement: July 1, 2004 to June 30, 2005 Amount of grant: $8,500.00 Budget subcommittee: Economic and Cultural Development j, 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 il; 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 liviing 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 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. CITY OF ASHLAND By Date Finance Dir¢~r' Account Number: (for City use only) Grant Contract 2004-05 ACORD,. CERTIFICATE OF LIABILITY INSURANCE SOF'~L- 07/01/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATrER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Reinholdt & O ' Harra Insurance HOLDER. THIS CERTIFICATE DOES NOT,AMEND, EXTEND OR 3 83 East Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ashland OR 97520-1896 Phone: 541 - 482 - 1921 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Maryland Casualty Company 19305 Southern Oregon Film Society INSURER B: DBA.' Ashland Independent Film Festival INSURER C: P O Box 218 Ashland OR 97520 INSURERD: INSURER F' COVERAG~R 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 ~;UCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L LTR INSRr TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY} DATE (MM/DD/YY} LIMITS GENERAL LIABILITY i EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY PPS042329442 07/01/04 07/01/05 UAMAUe  PREMISES (La occurence) $ 1000000 CLAIMS MADE OCCUR MHD EXP (Any one oerson) $ 10000 PERSONAL & A£,V INJURY $ 1000000 GENERAL AGGREGATE $ 2 0 0 0 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: · ,[--1JECT I ] LocPRO- -- PRODUCTS- CC,MP/OP AGG $ 2 0 0 0 0 0 0 POLICY AUTOMOBILE LIABILITY 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 $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA~LIABILITY EACH OCCURRENCE $ OCCUR L_~ CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU-. OTH- EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFiCER/MEMBER EXCLUDED? If yes. describe under E.L. DISEASE - EA EMPLOYEE $ SPECIAL PROVISIONS below E.L. D SLASH - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate holder is named as an additional insured per endorsement to the policy. CI::I~TII~I~&TI~ .hi n== .............. CANCELLATION City of Ashland, its officers, directors and employee 20 E. Main Ashland, OR 97520 ACORD 25 (2001/08) CITYOFA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE [.EFT, BUT ~(~~[SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AWT~ORIZEDREPRESENTATIVES._~. _~_ R~PRES~NTAT~E / / · ashland independent film festival P.O. Box 218 Ashland, Oregon 97520 541.488.3823 Fax 541.488.7782 info@ashlandfilm.org www. ashlandfilm.org Board of Directors Jane Sage President Sylvia Medeiros Vice-President Bill Baine Calvin Kennedy Secretary Darrel Pearce Howard Schreiber Tom 01brich Executive Director Jane Sage Associate Director Laura Henneman Membership Coordinator/ Filmmaker Liaison Peter Quince Recording Secretary Advisory Board Andrew Ainsworth Mark Chilcoat Greg Frederick Lee Fuchsmann Gerald Hirschfeld Don Immenschuh Phyllis Leilani Beasy McMillan Linda Otto Pokii Roberts Ron Silverman Ken Silverman Paul Steinle John Schweiger Founding Advisor/ Benefactor July 9, 2004 Lee Tuneberg City Of Ashland 20 East Main Ashland, Oregon 97520 Dear Lee, The Ashland Independent Film Festival is grateful to the City of Ashland for this generous show of support. The grant in the amount of $8500 will go a long way to helping the festival achieve the goals described in our grant application. Thank you for your assistance in helping this happen and please pass on our thanks to Bryn who was incredibly helpful during the process. Enclosed is our contract and our insurance company has already passed on the liability policy with appropriate language naming the city, officers and employees as additional insureds. Please let us know if there are any other commitments necessary on be]half of the Ashland Independent Film Festival to receive our grant funds. Thank you again for your support. Since..[,ely, Executive Director