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Home My WebLink About2005-109 Grant - Rogue Opera CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: Rogue Opera 20 E Main Street Address: 33 North Central Suite 203 Ashland OR 97520 Medford, OR 97504 (541) 488-5300 Telephone: (541 )734-9488 FAX: (541) 488-5311 Term of this agreement: July 1, 2005 to June 30, 2006 Amount of grant: $ 6,500 Budget subcommittee: Economic and Cultural Development Contract rnade the date specified above between the City of Ashland and Grclntee 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 a'Narded 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 $16,379 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 Grant Contract 2005-06 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 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, employeE~s and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation's, or other damages r9sulting from injury to any person (including injury resulting in death,) or damage (inc!uding loss or destruction) to property, of whatsoever nature arising out of or incident to the pE~rformance 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). Grante!e 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 ,~/Y1M~ 14# Title '1/II/cU-/J /~ J C]A.(j' (t /1,(/ Lf c/-tYJ- By CITY OF ASHLAND BY~~ Date ~~Io,(- Account Number: (for City use only) Grant Contract 2005-06 ~ ~ ...... . . ,. ... . ", ,n, .. 'II ~ V nl-\I" v r= vv IVI t'" J.\I'UC;:) I'- State Farm Fire and Casualty CompatlY . \ PO Box 5000 Dupoht, WA 98327-5000 T-15- 2024-F472 F N 3 CITY OF ASHLAND 20 E MAIN ST ASHLAND OR 97520-1850 Insured: ROGUE VALLEY OPERA ASSOCIATION Location: 235 S QAKDALE AVE STE 203 MEDFORD OR 97501-3160 Add Ins-II: RUSS DALE PROPERTIES Add Ins-II: CITY OF ASHLAND Forms, Options, and Endorsements Special Form 3 Emp Dishonesty $25,000 Amendatory Endorsement Tree Debris Removal Business Policy Endorsement Glass Deductible Deletion Additional Insured Amendatory Endorsement Additional Insured Endorsement Fungus (Including Mold) Excl Subcontractor Pd Exclusion Additionallpsured Endors'9ment" Continued on next page lk,& b<- #dt;ir?IJS~F'" Agent tAURA ~IXBY FOX INS AGCY INC Telephone (541) 482-2461 FP-6103 OPT ED FE-6237.1 FE-6451 FE-6464. FE-653B.1 FE-6320 FE-6551 FE-6494 FE-6566 FE-659B FE-G361 97-C;C;.6Q46-1 Business Miscellaneous Policy JUN 16 2005 to JUN 16 2006 DATE DUE PLEASE PAY THIS AMOUN'"I PAID BY SPECIFIED PARTY Coverages and Limits Section I A Buildings B Business Persona! Property C L.oss of Income Excluded 11,200 Actual Loss Deductibles - Section I Basic Other deductibles may apply - refer to policy 500 Section II L Business Liability M Medical Payments Gen Aggregate (Other than PCO) Products-Completed Operations (PCO Aggregate) $1,000,000 5,000 2,000,000 2,000,000 Annual Premium Forms, Opts, & Endrsmnt Bus Liability - Cov L OlGA Fee Total Amount $204 . ( 84. ( 12. ( . t $300. ~ Premium Reductions Your premium has already been reduced by the following: Renewal Year Discount Yrs in Business Discount Claim Record Discount Cov. A - Inflation Index: N/A Cov. B - Consumer Price: 193.3 41-z 56 3510 6065 See reverse side for important information. Please keep this part for your record. Prepared APR25 2005 ....._~~ RESOLUTION NO. 2004- .?:;''L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND REITERATING ITS POLICY OF RELATING THE EXPENDITURE IOF MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTELfMOTEL (Transient Occupancy) TAX AND REPEALING RESOLUTION 2004-11 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the city council recognizes that the source of monies for the Economic and Cultural Development Grant program is the Hotel/Motel Tax. SECTION 2. The following are the goals which the Economic and Cultural Development Committee is attemptingto meet by granting money to applicants: a) Tourism Promotion. b) Economic Development by: 1) Responding to general inquiries about business in the city; 2) Providing assistance to existing small businesses; 3) Providing technical and financial assistance for the expansion of existing businesses; 4) Providing technical and financial assistance for the development of new businesses; or 5) Providing such other services and support to business as the city council may deem beneficial. c) Cultural Development. SECTION 3. Beginning in Fiscal Year 2004/2005, the city council will appropriate thirty- three and one-third percent (33.30/0) of the anticipated Hotel/Motel tax monies for Economic and Cultural Development. The City of Ashland has determined that as of July 1,2003, $186,657 or 14.23% of total Hotel/Motel tax revenues were expended on tourism promotion, as defined in Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism promotion increased or decreased annually consistent with the estimated TOT revenues budgeted. The amount to be allocated annually to Ashland Chamber of Commerce (CaC) and! Oregon Shakespeare Festival (OSF) for promoting tourism per the state definition shall be $80,432 and $110,000, respectively, adjusted each year by the amount of inflation or deflation established in the Budget process. An additional amount of $160,000, adjusted each year by the amount of inflation or deflation established in the Budget process, will be granted annually to COC for economic development projects in cooperation with City staff. The allocations in this paragraph shall sunset after three years. Any additional amount for tourism required by Chapter 818 shall be allocated to COC, OSF or other group during the budget process. The remainder of the monies budgeted for these grants may be allocated to grantees for activities fitting in any of the three categorie:s set forth in Section 2 of this Resolution. TOT Resolution 9/07/04 page I of 2 By January 31 of each year each recipient of grants under this resolution shall submit a report to the city council setting forth how the grant funds received were expended in furtheranc~ of the goals set forth in Section 2. SECTION 4. The following guidelines and criteria are established for the Economil; and Cultural Development Grants: a) Grantee shall be a 501 (c) non-profit agency. b) Grantee shall be a non-governmental agency. c) Grantee shall promote livability for the citizens of Ashland. d) The minimum grant proposal will be $1,000. e) The grant will benefit Ashland in regards to enrichment and activities of an economic nature. t) Grantee shall serve the population in Ashland but may encompass other venues in the Rogue Valley. g) Irrespective of sub-paragraph 'b', the City of Ashland Public Arts Commission n'lay apply for and receive funds. SECTION 5. Resolution 2004-11. is repealed upon passage of this resolution. SECTION 6. This resolution takes effect upon signing by the mayor. This resolution was read by title only in accordance with Ashland Municipal Code Section 2.04.090 duly ~(~ ~~ PA~TED~2004 #" Barbara Christensen, City Recorder ft-/M'l!f ~ SIGNED and APPROVED this~day ~04 2004: /' ~k:/ ~~?rA-~ ~:'-'~C-~~ Alan DeBoer, Mayor TOT Resolution 9/07/04 page 2 of2