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HomeMy WebLinkAbout2004-182 Grant - Arts Council 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: Arts Council of Southern Oregon Address: 33 N. Central, Ste. 300 Medford, OR 97501 Telephone: 5417792820 Term of this agreement: July 1, 2004 to June 30, 2005 Amount of grant: $1,500.00 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 deterrnined 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 rnodifications, 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 glrant 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 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, ackno~vledges that it has read this contract, understands it, and agrees to be bound by its terms and condition, s. By CITY OF ASHLAND By '~ ~o'~ Date Account Number: (for Ci~ty use only) Grant Contract 2004-05 ,_ ACORD,. CERTIFICAT£ 3F LIABILITY INSURAN(" · ARTSC-2I 03/15/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Western States Ins. - Med~.ord HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR 739 Med~ord Center ALTER THE COVERAGE AFFORDED BY THE! POLICIES BELOW. Medford OR 97504 Phone: 541-779-1321 Fax: 541-779-9187 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: American States Insurance INSURER B: Arts Council of Southern Orego INSURER C: 33 N Central Medford OR 97504 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. IN~I~ %UD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MM/DD/YY) LIMITS GENERAL MABIUTY EACH OCCURRENCE $1000 000 A X COMMERCIAL GENERAL LIABILITY 25CC0074411 03/05/04 03/05/05 PREMISES (Ea occurence) $ 2 00000 I CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 10000 PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2 0 0000 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 000 000 I POLICY r---}PRO- JECT ~-~ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per pemon) HIRED AUTOS .... BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ IOCCUR [~] CLAIMS MADE AGGREGATE $ $ I DEDUCTIBLE $ RETENTION $ $ WC STATU-I OTH- WORKERS COMPENSATION AND TORY LIM TS I ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBERif yes, descdbe underEXCLUDED? E.L. DISEASE - EA I--MPLOYEE $ SPECIAL PROVISIONS below E.L. DISEASE - POL CY L MIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is included as addl. insd. , · CERTIFICATE HOLDER CANCELLATION The City of Ashland, its offic officers, employees & agents Risk Manager 20 E Main Ashland OR 97520 ACORD 25 (2001108) --PROOF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE,EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRfl-FEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LI=.FT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Jerry Darby (D ACORD CORPORATION 1988 - , ..... 33 North..C~ltral~ Suite 300 Medford, OR 97501 ...,'..., .. 54t~77912820 fax: 541.772.4945 ' ."email: offiCe~artscouncilso.org August 4, 2004 Board of Directors Officers SUE SLACK, President SUZY LEVVIS Vice President ARLIS DUNCAN, Secretary JOHN ~)VAREKOIS, Treasurer Members LOUIS COLOSIMO MICHAEL DAVIS LOIS LANGLOIS STEVE PRESTON AMY RICHARD DR. KAY SAGMILLER Staff LYN GODSEY Executive Director JENNIFER EUFUSIA Arts Education Coord. JEANNE BUTTERBAUGH Adm. Assistant Lee Tuneburg Finance Department City of Ashland 20 East Main Street Ashland, Oregon 97520 Dear Lee, The Arts Council is very grateful for the grant of $1500.00 from the City of Ashland for it's On-Line Arts Directory project. Enclosed you will find the signed Award Contract. I believe you have a statement of current insurance liability on file for us. If you don't, please call 779-2820 and we will make arrangements with our insurance agent to have one sent to you. As you know the amount funded was half of our original request. Were there specific aspects of the proposal that the Budget Committee approved? If so, please let me of them ASAP. Again, thank you to the City of Ashland for its continued support of the Arts Council's programs and services.