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HomeMy WebLinkAbout2006-111 Grant - Nuwandart Gallery CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: Nuwandart Gallery 20 E Main Street Address: 258 A Street #2 Ashland OR 97520 Ashland, OR 97520 (541) 488-5300 Telephone: (541) 261-1007 Rob' cell FAX: (541) 488-5311 Term of this agreement: July 1, 2006 to June 30, 2007 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 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 $16,936 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 2006-07 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, employees 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 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. GRAN~rE (I . -- By .',~ ~ Title ~~~ Date f)~(1Q( O~ CiTY OF ASHLANB By ~ ~~r' Date '/If/tJ t. I Grant Contract 2006-07 JUL-18-2006 16:07 FROM:ASHLAND INSURANCE 541 488 5851 TO: 5522059 P:1/1 ~ORQ.. CERTIFICATE OF LIABILITY INSURANCE I OATil (MMlDDIYYYY) 07/18/2006 PRODUCfiR (541)482-0831 FAX (541)488-5851 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ashland Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 585 A Street Suite 1 HOLDER, THIS CERTIFICATE DOES NOT AMEND. ExTEND O~_ P. O. Box 880 ALTER THE COVERAGE ~fFORDED E})' THE POLICIES BElO , Ashland, OR 97520 INSURERS AFFORDING COV~RAGE NAIC# INSURED NUWANDART GALLERY IN!;UR~R A. Mutual of Enumclaw 14761 JOCHEN ZIEMS INSURER [J; 258 A ST SUITE #2 IN9URF.R c: ASHLAND, OR 97520 INSURER 0: INSURER E: THE POLICIES OF INSURANCE I..ISTED SEI..OW HAVE SEEN ISSUED TO THE INSURED NAMED ASOVE FOR HIE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, Ti=RM OR CONDITlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESpf:~CT TO WHICH THIS CERTlFICATE MAY Bt:: ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDi:':D SY THE POI..ICIi=S Di=SCRIBEO HE~EIN IS SUBJ~CT TO AI..l.. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGAiE LIMITS SHOWN MAY HAVE BEEN REDUCED flY PAID CLAIMS. I~~~ ~ TYPE OI'INSURANCE POUCV NUMBllR POLICY EFFECllVF. POI.lCV ~PI~A110N l.IMITS QENERAL L1ABIl.ITY 444698 07/18/2006 07/18/2007 EACH OCCURRENCE $ 1,000,000 - X COMMERCIAl. GENERAL LlAf.!II./'TY OAMAGr. TO .RPNT~~p_' $ 1. 000 . 000 l CLAIMS MADE 00 OCCUR MP.P EiXP (Any o!,\e peteon) $ 10.000 A X PERAONAL & APV INJURY $ 1. 000.000 - - GENERAL AGGRF.GATI' $ 1,,000.000 GEN'1. AOGREGATE I.IMIT APPLII'S PER: pnODuCTS - COMPIOP AQQ $ 1. 000.000 h POLICY n ~CgT n LOC ~MOBILl! LlABILrrv COMQINfiP SINGLP LIMIT $ MolY AUTO {ER nacldnnt) ~ ALl- OWNI?O AUTOS BOOIL Y INJURY ~ . SCHEDULEO AUTOS (Pet "",,"on) '--- e-- HlR[;D AUTOS F10PIL Y IN.IURY (Per Rccldnnl) $ - NON-OWNF.O AUTOS i-- PROPERTY DAMAGe ill (P.... ooddenl) RGE LIAlllUlY AUTO ONLY. f;A ACCIPENT $ ANY AUTO OTHER THAN r.^ACC $ AUiO ONLY' AOO $ :=JESSIUMlIRfiLLA LlI\BILl1Y lJACH OCCURRENCE . OCCUR 0 ClAIMS WIDE ACilGRF-(lAT[; $ $ ==i OEDUCTIE\LE G RETI"NTION $ $ WORK"'RS COMPENllA110N AND Wr:. STATUo.l TOJ.t'- [!MPLOY[!RS' L'AIlILfTY E.L. EACH ACCIDENT ~ ANY PROPRlETOR/PARTNERlExECuTIVE OFFICPRlMPMOI:;R ~CLUDED? l;.l.. DISEASE" EA EMI>LOyee $ ~~g~l~t~W~JI~~~s I)el"'" e.I-. PI!:"At;g. POLICY LIMIT $ OTH(:!R DESCRIP110N OF OPERA'T1ON9 I LOCATIONS I VEHICLP.& I JaXCLUS,ONS APPPD BY ENDDRSEfilENT 1 SPECIAl. PIlOVJS,ONS ity of Ashland is listed as an additional insured. City of Ashl and 20 E. Main St. Ashland, OR 97520 SHOUI.D ANY OF THe ABovg PESCIlIBED I'OWC1F.:S 1'lF. CANCEI.LED lIl!FOIll! THO EXPIRATION DATE THI<IlEOF, THE ISSUING INSURER WILl. ENOI'AVOR TO Mill\.. _t..9_ DAYS WRITTEN NOTIC!! TO TtfI1 CERTIFICATE HOI.DER NAMF.n TO THE LEFT, BUT FAILURe TO MAl\.. SUCH NOnCE SHALL IMPOSE NO OBLIl3ATION OR LIIIEllI.ITY OP ANY KIND UPON 'THE INSURER, ITS ^COllNTB OR RI'P EN 1lVfiS. AUTHOR~EDREPRF.8F.NTA~E Julie Asher ACORD 25 (2001/OB) FAX: (541)488-5320