Loading...
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 By 14~ ~v,tJ- Title l' ftt;1' J P b-J r: A! ~ t A ,..j P b A u..,t)f... ,,{ A/J d q ft 7" J tJ f'J CITY OF ASHLAND By ~~ Finance Dire r > 7/2--~J- ~ 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. ~ :~;" >~~); ,[~''lI: ,,\<0' ':6 :,.,...... ".' .. ("- "".~ 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. Page 3 of 3 r..^,~-n7.PRINTM1.l:7Q1..M11_T