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Home My WebLink About2006-132 Grant - Oregon Shakespeare Festival CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: Oregon Shakespeare Festival 20 E Main Street Address: P.O. Box 158 Ashland OR 97520 Ashland, OR 97520 (541) 488-5300 Telephone: 482-2111 FAX: (541) 488-5311 Term of this agreement: July 1,2006 to June 30,2007 Amount of grant: $ 113,300 which will be disbursed monthly for the fiscal year in the amount of $9,441.67. Budget subcommittee: Economic and Cultural Development Contract made the date specified above between the City of Ashland and Grantee named above. RECITAL: City has determined that the Grantee intends to use the total amount of the grant funds above for tourism promotion per the state definition below. ORS.305.824 (7) 'Tourism promotion' means any of the following activities: (a) Advertising, publicizing or distributing information for the purpose of attracting and welcoming tourists; (b) Conducting strategic planning and research necessary to stimulate future tourism development; (c) Operating tourism promotion agencies; and (d) Marketing special events and festivals designed to attract tourists. (9) 'Tourism-related facility': (a) Means a conference center, convention center or visitor information center; and (b) Means other improved real property that has a useful life of 10 or more years and has a substantial purpose of supporting tourism or accommodating tourist activities. Tourism is defined as someone who travels 50 miles or more or who spends the night in Ashland to attend an event. City and Grantee agree: 1. Amount of Grant. Subject to the terms and conditions of this contract, the City agrees to provide funds in the amount specified above. Grantee shall orovide a written reoort to the City each year in accordance with Resolution 2004-32 on the use of the Qrant funds. 2. Use of Grant Funds. The use of grant funds are expressly limited to the activities which promote tourism as per the state definition. 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. OSF Grant Contract 2006-07 ~_...- 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 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. GRANT'EF) .. By l~~ Title EJC~~",,"," ~ c:J..o,- Date S /7 / .f. , I CITY OF ASHLAND By ~ ~ ....4.~ Finance Direct r /z.-Jo /e. Date OSF Grant Contract 2006-07 -...,- \.-. '-- ACORD... CERTIFICATE OF LIABILITY INSURANCE , DATE IIIMIODIYYYYI 1/4/2006 PRODUCER (541) 772-1111 FAX (541) 772-3785 THIS CERnFICATE IS ISSUED AS A MATTER OF INFORMAnON Security Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 707 Murphy Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford OR 97504 INSURERS AFFORDING COVERAGE NAIC. INSURED INSURER A. Unicrard Insurance ComDanv 025747 Q"'~ Qb:,k"j~!li.m I'..tiftl INSURER B: PO Box 158 INSURER C: 255 Helman Street, U INSURER 0: Ashland OR 97520 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVlllTHSTANDING 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. ~=TE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~:=~~ PO~,ff~~ t; TYPE OF INSURANCE POlICY NUMBER UIIITS ~LUABlUTY EACH OCCURRENCE S 1,000,000 X COMMERCIAl. GENERAL LIABa.1TY =1~U9E~1 $ 100,000 A I CLANS MADE [Z] OCCUR Q(()06663 1/1/2006 1/1/2007 MED EXP fArrvone--.l S 1,000 PERSONAL & NJV INJURY S 1,000,000 - GENERAL AGGREGATE S 2,000,000 ~lAG~nE ;:~nSPER: PRODUCTS. I'nuDlI'\p AGG S 2,000,000 X POLICY jffi LOC ~UTOIIOBlLE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 ~ ANY AUTO (Ea accident) A - ALL OlNNED AUTOS CKOO6663 1/1/2006 1/1/2007 BODilY INJURY (Per person) S - SCHEDULED AUTOS ~ HIRED AUTOS BOOIl Y INJURY $ ~ NON.QlNNED AUTOS (Per accident) PROPERTY DAMAGE S (Per 1ICCidenl) ::fGE.UABlUTY AUTO ONLY. EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY AOO S EXCESSIUMBRELLA LIABILITY "'41''' t'\t't', "'R~""'~ S 2,000,000 jJ. OCCUR D CLAIMS MADE AGGREGATE S 2,000,000 $ A ;1 DEDUCTIBLE CUOO9366 1/1/2006 1/1/2007 s X RETENTION S 10.000 ~T1]N.'T $ WORKERS COMPENSATION AND ION EMPLOYERS' UABlUTY ANY PROPRIETORIPARTNERlEXECUTIVE E.L. EACH ACCIDENT S OFFICERlMEMllER EXCLUDED? E.l. DISEASE. EA EMPLOYEE S If yes. daIcribe LI1det SPECIAl. PROV1!:II'lNS below E.L DISEASE. POLICY LIMIT S OTHER DESCRIPTION OF OPERAllONSA.OCAnoNSNEHlCLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS cert1~icat. holder is an additional insured .s respects General Liability when required by written a9reement. This rOrlll is subject to policy teras, conditions and exclusions. CERnFICA TE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Ci ty of Ash1and EXPlRA110N DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR 10 MAIL Its Officers, Employees and Aqents ~ DAYS WRITTEN NOTICE 10 THE CERTIFICATE HOLDER NAIlED 10 THE LEFT, BUT Attn: Bryn Morrison FAILURE 10 DO 80 SHALL IMPOSE NO OBLIGATION OR LIA8IU1Y OF ANY KIND UPON THE 20 E Main INSU-- ITS AGENTS OR REPRESENTA11VES. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ~.~ Sandy Orr/SANDOR ACORD 25 (2001/08) C> ACORD CORPORATION 1988 ....."... ........... -.. . ..C' ---~'_.._-_._..-