HomeMy WebLinkAbout2005-139 Grant - Ashland Gallery
CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE: Ashland Gallery Association
20 E Main Street Address: PO Box 241
Ashland OR 97520 Ashland, OR 97520
(541) 488-5300 Telephone: (541)~1 1167 5'~1.- 01' (.
FAX: (541) 488-5311
Term of this agreement: July 1, 2005 to June 30, 2006
Amount of grant: $ 10,500
Budget subcommittee: Economic and Cultural Development
Contract made the date specified above between the City of Ashland and Gralntee named
above.
RECITAL: City has reviewed Grantee's application for a grant and has determ!ined 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 !ess 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 resulting from injury to any person (including injury resulting in death,) or dam(~ge (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 $1 00,000 pE~r 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
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CITY OF ASHLAND
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Date
Account Number:
(for City use only)
Grant Contract 2005-06
#4CORDTM
CERTIFICATE OF LtABILITY INSURANCE
OF'j DR DATE (MMIDD/VYVYj
ASH:"t-.-5 i 07 11 05
THIS CERTil=ICATE IS ISSUED AS A MATTEF. OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NO'" AMENC, EXTEND OR
ALTER THE COVERAGE AFFORDED B" THE POLICIES BELOW.
I INSURERS AFFORDING COVERAGE NAIC #
INSURER A: American States Ins. Co. 19704
PRODUCER
Insurance Marketplace, Inc.
1998 Skypark Dr Suite 100
Medford OR 97504
Phone: 541-779-0177 Fax:FAX 772-8235
INSURED
Ashland Gallery Association
POBox 241
Ashland OR 97520
INSURER B:
INSURER C:
INSURER D:
INSURER E:
'C~~ ft. ~
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COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING I
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE I"JSURANCE AFFORDED BY THE oOLlCIES DESCRIB!::D HEREIN IS SUB..IFCT TO ALL THE TERMS, EXCi..US!ONS AJJD CONDIT!Gr~S Oi~ SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSRC TYPE OF INSURANCE POLICY NUMBER PD~Lf~1J~rJ8~E P8k~Y(~~h~~N LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
-
A X X COMMERCIAL GENERAL LIABILITY 01-CD-731726-1 03/31/05 03/31/06 ~~~~~~~ (E~~~(~~~nce) $ 200,000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone! person) $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
_.. : $ 2 ,000,000
X Host Liquor GENERAL AGGREGATE
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000
I n PRO- nLOC
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $
ANY AUTO (Ea accident)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
f--
HIRED AUTOS BODILY INJURY
'- (Per accident) $
NON-OWNED AUTOS
f--
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
=1 ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
o OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I TORY LIMITS I IU~~-
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
If yes, describe under E.L. DISEASE - POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
City of Ashland and its officers, employees and agents are additional
insureds.
CERTIFICATE HOLDER
CANCELLATION
DIRECTO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE GANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
City of Ashland NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L.EFT, BUT FAILURE TO DO SO SHALL
Director of Finance IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
20 E. Main St.
Ashland OR 97520 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
R. Scott Weaver, CIC
ACORD 25 (2001/08)
@ ACORD CORPORATION 1988
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
~ SAFECOo
LIABILITY PLUS ENDORSEMENT ClJ 76 35 10 00
COMMERCIAL GENERAL LIABILITY
This endorsement modifies Insurance provided under tr\e following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Ashland, its agents~ employees & offiers
ADDITIONAL INSURED - flV 'WRITTEN CONTRACT,
AGREEMENT OR PERMIT! OR SCHEDULE
The following paragraph is added to WHO IS ~N INSURED
(Section II):
5. Any person or organization shown in the Schedule or
tor whom you are required by written contract,
agreement or permit to provide insurance is an
. insured, SUbject to the following additional provisions:
8. The contract, agreement or permit must be in
effect during the policy period shown in the
DeGlarationsl and must have been executed prior
to the Ubodily injufy,lI "property damage,"
11 personal and advertising injury. II
h. The person or organization .added as an insured
by this endorsement is an insured only to the
extent you are 'held liable due to:
(1) The ownership, maintenance or use of that
part of premises you own, rent, lease or
occupy, SUbject to the following additional
provisions: '
(a) This insurance does not apply to any
"occurrencell which takes place after
you . cease to be a tenant In any
premises leased to or rented to you;
(b) This insurance does not apply to any
structural alterations, new construction
____OI.-iiemolltion operations,Qerformed by__m
or on behalf of the person or
organization added as an insured;
(2) Your ongoing operations for that insured,
whether the work is performed by you or for
you;
Page 1 of 3
(3) The maintenance, operation or use by you
of equipment .Ieased to you by such person
or organization, SUbject tD the following
additional provisions:
(a) This' insurance does nDt apply to any
"occurrence" which takes place after
the equipment lease expires;
(b) This insurance. does . not apply to
"bodily injuryll or 11 property dama.gell
arising out of the sole negligence of
such .person or organization;
(4) Permits issued by any state or political
. subdivision with respect to operations
performed by you or -on your behalf, .subject
to the following additional provision:
This insurance does not apply to "bodily
injury," IIproperty damage'" II personal and
advertising Injury" arising out of operations
performed for the state or municipality:
c. The insurance with respect to any architect,
engineer, Dr surveyor added as an insured by th'is
endorsement does not apply to "bodily injury'"
II property damage, II 11 pe~sorial and advertising
lnjuryll arising out OT the rendering of or the
failure to render any professional services by or
tor you, including:
(1) The preparing, approving, or. failing to
---P-'--p re p are--or-- - ap p rove---m ap s;---d rawin gs ~---
opinions, reports, .surveys, change orders,
designs or specifications; and
(2) Supervisory, inspection or engineering
services.
d. This .insurance does not apply to II bodily injuryll
or "property damage" included within the
It products-completed operations rlazard."
A person's or organization's status as an insured
under trlis endorsement ends when your
operations for trlat insured are completed.
No coverage will be provided If, In the absence
of ttlis endorsement, no liability would be
imposed by law on you. Coverage shall be limited
to the extent of your negligence or fault according
to the applicable principles of comparative fault.
NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT
LIABILITY
Exclusion g. of COVERAGE A (Section I) is replaced by trle
following:
g. II Bodily injuryll or II property damage" arising out
of the ownership, maintenancel use or
entrustment to others of any aircraft, "autolJ or
watercraft ownec! or operated by or rented or
loaned to any insurecl. Use includes operation
and II10ading or unloading.1I
This exclusion does not apply to:
(1) A watercraft while asrlOre on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 52 feet long; and
(b) Not being used to carry persons or
property for a charge;
(3) Parking an "auto" on, or on the ways next
tOl premises you own or rent, provided the
II auto" is not owned by or rentecl or loaned
to you or tile insured;
(4) Liability assumed umler any II insured
contractll for the ownership, maintenance or
use of aircraft or watercraft; or .
(5) II Bodily injurt or II property damagell
arising out of the operation of any of the
equipment listed in paragraph f.(2) or f.(3)
of nle definition of Ilmobile equipment."
(6) An aircraft. you do not own provided it is not
operated.by any insured.
''"l
CG 76 35 10 00
COMMERCIAL GENERAL L1ABIU1Y
(2) Premises you sell, give clway or abanclon if the
II property damage" arises out of any part of
those premises;
(3) Property loaned to you; .
(4) Personal property in the care. custody or control
of the insured;
(5) Trial particular part of real property on whicrl you
or any contractors or subcontractors working
clirecUy or indirectly on your behalf are
p~rforming operations, if the "property damage"
arises out of trIose operations, or
(6) Trlat particular part of any property that must be
restored, repaired or replacecj because "your
work" was incorrectly performed on it.
Paragraprls (1), (3) and (4) Df this exclusion do not
~pplY to IIproperty ?amage" (other Ulan damgge by
fire) to premIses, InclUding Ule contents of 'such
premises, rented to you. A separate limit of insurance
applies to Damage To Premises Rented To You as
described in Section III - Limits Of Insurance.
Paragraph (2) of trlis exclusion cloes not apply if the
premises are II your workll and were never occupied,
rented or held for rental by you.
Paragraphs (3), (4)1 (5) and (6) of this exclusion do
not apply to liability assumed uncler a sidetrack
agreement.
Paragraph (6) of this exclusion ~loes not apply to
II property damagell included in the
II products-completed operations hazard."
Paragraph 6. of Section III is replacerl by the following:
6. SUbject to 5. above, Ule Damage To Property Limit is
nle most we will pay umler Coverage A for damages
because of II property damagell to anyone premises
while rented to you, or in trle case of damage by fire'
wrlile rented to you or temporarily occupied by yO~
with permission of the owner.
The Tenants' Property Damage to Premises Rented to You
Iimil is the higher of $200,000 or Itheamount shown in the
Declarations as Damage to Premises Rented to You Limit
WHO IS AN INSURED - MANAGEBS
The following is aclded to Paragraph 2.a. of WHO IS AN
INSURED (Section II):
Paragraph (1) cloes not apply to executive officers, or to
. -man agers -aUhe -su per:viso[yJev.e l_oLabov_8,______u_____
SUPPLEMENTARY PAYMENTS - COVERAGES A AND B .
BAIL BONDS
TENANTS' PROPERTY DAMAGE LIABILITY
_WlJ_e.n~_Q.r!llig~JO Premises Rented to you Limit is srlOwn
in nle Declarations-,- Ex-cluslon--:CoTCovBrage-A,--SeCfi5n-ns-- -
replaced by the following: ,
}. Damage To Property
IIProperty damagell to:
(1) Property you own, rent, or occupy;
a. Paragraph 2. of SUPPLEMENTARY PAYMENTS -
COVERAGES A AND B is replaced by the following:
Page 2 of 3
. t,
2. Up to $2,000 for cost of ball, bonds req~ired
because of accidents or traffic law violatIons
arising out of the use of any ver11cle to whlcr\ the
Bodily Injury LIability Coverage applies. We do
not have to furnish these bonds.
EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES
Provision 2.8.(1) d. of WHO IS AN INSURED (Section II) Is
deleted unless excluded by separate endorsement.
EXTENDED COVERAGE FOR NEWLY ACQUIRED
ORGANIZATIONS
Provision 4.8. of WHO IS AN INSURED (Section II) is
replaced by tr1e following:
a. Coverage under this provision is aff'orded only
until the end of the policy period.
'"
t::l
U1
"l'
EXTENDED "PROPERTY DAMAGE"
Exclusion a. of COVERAGE A. (Section I) is amended to
read:
a. II Bodily injury" or II property damage", expected or
Intended from the standpoint of tr1e Insured. Tr1is
exclusion does not apply to "bodily injury" or
II property damage" resulting from the use of
reasonable force to protect persons or property.
ADDITIONAL INSURED - VOLUNTEERS
1. WHO IS AN INSURED (Section II) is amended to
include as insureds any persons who are volunteer
workers for you, but only while acting at the direction
of, and within the scope of their duties for you.
However, no volunteers are insureds for:
a. II Bodily Injury" to:
(1) Co-volunteers or your empl?yees, arising out
of and in the course of their dutIes for you,
or
(2) You. any o'f your "employees," any pa~~er
or member (if you are a partnership or JOint
venture), Dr any member (if you are a limited
liability company).
b. II Property damagell to properly owned, occupied
or used by, renled to, In the care, custody, or
control of, or over which physical control is being
exercised for any purpose by:
eG 76 35 10 on
COMMERCIAL GENERAL LIABILITY
(1) A co-volunteer or your employee; or
(2) You, any of your "employeesll. any partner
or member (If you are a partnership or Joint
venture)l or any member (if you are a Jlmlted
liability company).
2. Exclusion 2.a. of COVERAGE C (Section I) Is replaced
by lt1e following:
a. To any Insured, except volunteer workers who are
not paid a fee, salary or other compensation;
INCREASED MEDICAL EXPENSE LIMIT
The medical expense limit is amended to $10,000.
KNOWLEDGE OF OCCURREN CE
The following is added to Paragraph 2. Duties In The Event
Of Occurrence, Offense, Claim Or Suit of COMMERCIAL
GENERAL LIABILITY CONDITIONS (Se~tion IV): ,
Knowledge of an "occurrence," claim or II suit" by your
agent, servant or employee shall not in Itself constitute
, knowledge of the named insured unless an officer of the
named insured has received such notice from the agent,
servant or employee.
UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS
The following is added to Paragraph 10. Representations of
COMMERCIAL GENERAL LlABILl1Y CONDITIONS (Section
IV):
If you unintentionally fail to disclose any hazards existing
at the inception date of your policy. we will not deny
coverage under Hlis Coverage Form because of such failure.
However, this provision does not affect our right to collect
additional premium or exercise our ri!Jht of cancellation or
non-renewal.
LIBERALIZATION CLAUSE
The following paragraph is added to COMMERCIAL
GENERAL LIABILITY CONDITIONS (Section IV):
10. If a revision to this Coverage Part, which would
provide more coverage with no additional premium,
becomes effective during the policy period in the state
stlOwn in tr1e Declarations, your policy will
automatically provide HIls additional coverage on the
effective date of the revision.
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