HomeMy WebLinkAbout2007-144 Grant - Southern Oregon Film Festival
CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE: Southern Oregon Film Society
20 E Main Street Address: PO Box 218
Ashland OR 97520 Ashland, OR 97520
(541) 488-5300 Telephone: (541)488-3823
FAX: (541) 552-2059
Term of this agreement: July 1, 2007 to June 30, 2008
Amount of grant: $21,999
Budget subcommittee: Economic and Cultural Development
Contract made the date specified above between the City of Ashland and Grantee named above.
RECITALS: 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. This Grant
agreement (ORS 279A.010 (i) (A) (ii)) is not a public contract for purposes of ORS 279 A-C. ORS
279A.010 (x).
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. Grant
funds shall be utilized or contractually committed in the fiscal year for what they are awarded.
2. Qualified Work. Grantee has represented, and by entering into this contract now represents, that
any personnel assigned to the work required under this contract are fully qualified to perform the work
to which they will be assigned in a skilled and worker-like manner and, if required to be registered,
licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Grantee must
also maintain a current City business license.
3. 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 end of the current budget fiscal year, whichever is earlier
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.
4. 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.
5. 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.
6. Living Wage Requirements. If the amount of this contract is $17,342 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.
7. Termination.
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both
parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days'
notice in writing and delivered by certified mail or in person.
c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon
delivery of written notice to Grantee, or at such later date as may be established by City
under any of the following conditions:
i. If City funding from federal, state, county or other sources is not obtained and
continued at levels sufficient to allow for the grant;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted
in such a way that the grant purposes are no longer allowable or appropriate for
award under this contract or are no longer eligible for the funding proposed for
payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Grantee to
provide the services required by this contract is for any reason denied, revoked,
suspended, or not renewed.
8. 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.
In the event of termination, City may stop payment or withhold any Grant funds in City's possession
from Grantee and Grantee shall immediately return all unexpended and unencumbered grant funds.
In addition, City shall be entitled to recover any administrative costs, including attorney fees or
collection costs if encumbered as a result of Grantee's failure to return Grant funds. In the event of
termination, if Grant funds are not returned or it is found that Grant funds were misappropriated,
Grantee shall be ineligible and disbarred from receipt of future grant funds until such matters are
finally adjudicated and settled. The rights and remedies of this section are not exclusive and are in
addition to any other rights and remedies available to the City under the law.
9. 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.
10. 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.
11. 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. Grantee
shall at its own expense provide the following insurance: Worker's Compensation insurance in
compliance with ORS 656.017, which requires subject employers to provide Oregon workers'
compensation coverage for all their subject workers.
12. Assignment and Subcontracts. Grantee shall not assign this contract or subcontract any
portion of the work without the written consent of City. Any attempted assignment or subcontract
without written consent of City shall be void. Grantee shall be fully responsible for the acts or
omissions of any assigns or subcontractors and of all persons employed by them, and the
approval by City of any assignment or subcontract shall not create any contractual relation
between the assignee or subcontractor and City.
13. 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.
14. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in
accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws,
rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City
(and/or any other or department of the State of Oregon) and the Grantee that arises from or
relates to this contract shall be brought and conducted solely and exclusively within the Circuit
Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a
federal forum, then it shall be brought and conducted solely and exclusively within the United
States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the
signature herein of its authorized representative, hereby consents to the in personam jurisdiction
of said courts. In no event shall this section be construed as a waiver by City of any form of
defense or immunity, based on the Eleventh Amendment to the United States Constitution, or
otherwise, from any claim or from the jurisdiction.
15. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently
available and authorized for expenditure to finance the costs of this contract within the City's fiscal
year budget. Grantee understands and agrees that City's payment of amounts under this contract
attributable to work performed after the last day of the current fiscal year is contingent on City
appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable
administrative discretion, to continue to make payments under this contract. In the event City has
insufficient appropriations, limitations or other expenditure authority, City may terminate this contract
without penalty or liability to City, effective upon the delivery of written notice to Grantee, with no
further liability to Grantee.
16. Non-Discrimination. Grantee shall comply with all applicable federal, state and local laws, rules,
and regulations on nondiscrimination because of race, color, ancestry, national origin, religion, sex,
marital status, sexual orientation, age, medical condition, or disability.
GRANTEE
By
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CITY OF ASHLAND
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Finance Director
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Title
Date
Date
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AC08r:t CERTIFICATE OF LIABILITY INSURANCE OP 10 l~4 DATE (MMIDD/VYYY)
SOPIL-l 07/06/07
PRODuCER THIS CERTIFICATE IS ISSUED AS A MA ITER OF fNFORMA TION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Rainhald~ & O'Barra Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
518 Waahington Stz:eet ALTER THE COVERAGE AFFORDED BY THE POLICIES BElOW.
Ashland OR 97520
Phon8:S41-482-1921 Fax:541-489-44S8 INSURERS AFFORDING COVERAGE NAIC~
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INSURED INSURER A; ~.~...~ ~ o( _lea 19305
INSURER II;
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Southern Oreqon Fi~ Society INSUAEA C:
POBox ~18 INSURER 0
Ashland R 91520
INSUAER E:
COVERAGES
THE POLICIES OF INSUAANCE l'ST~D BELOW WIve eeEN ISSUED TO THE Il'ISuRED NAMED AllOVE FOR Tl1E POUCY PERIOD INDICATED. NOlWl~TANDING
ANY REOUIREr.lENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH Tl1IS CI!fl.TIFIC~TE MAY BE ISSUEO OR
MAY PeRTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SVa.lECT TO I\I.L THE TERMS. exCLUSIONS AND CONDITIONS OF SUCH
POLICies, AGGIUG.\TE LIMITS SHO'IVN MAT HAve BEEN ~OvCEO BY PAID OLAIMS,
'n.... 'NiAt POLlCV NU..eeR 0'A~1';~ UIIIITS
lTR TY"! OF INSIlRAIICE DATE IIllMIDIlI'TY\
~eRAL LIABILITY EACH OCCURReNce s 1000000
A ~ COMMeRCIAL GeNeAAL llA91llTV PPS042329U2 07/01/07 07/01/08 PREMISES (E';"~~Ce) S 100000~_
- :=J ClAIMS MADE 0 OCCUR MED EXP (A/11 0"' PIIIO") s 10000
~ Liquor Liability PERSONAl 5 AOV It.UVRY S 1000000
- GENERAl. AGGREGATE: s 2000000
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GEN'l AGGREGATE liMIT ~PPUES PER PRODUCTS-COMP~PAGG 52000000
I POLICY n ~r8T n ~oc
AUTOIIIOBJU! llAlllLlTV COMBINED SINGLE LIMIT
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RRAGE LJA8IL.ITY 4UTO ONLY - lOA ACCIDENT 5
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RETENTION S 5
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OTHER
DESCRII'TlON OF OPI!AATIONS / LOCATIONS I ~HICLfS I EXCLUSIONS ADDEO BY I;NQORSEMENT I SPECIAL PROVISIONS
Cu1tuJ:al Cluba
CERTIFICATE HOLDER
CANCELLATION
CInOi' SHOULD ANY OF THE ABOVe DESCRIBED POLICieS BE CANCEll.ED BEFORE Tl1E Ell"IR.ATIO~
DATE Tl1EREOF, THE ISSUING INSuRER IIVIll ENDEAVOR TO MAIL ~ DAYS ~lmN
CITY OF ASHI.J\ND NOllCE TO ~E CERTIFlCATE HDLOEIlIjAMED TO THE lEFT, BUT FAILURE TO 00 BO SHAl.l.
20 DS~ MAIN STREET IMPOSE NO OBLIGATION O~ I.1AIlIUTT OF ANY KIND UPON Tl1E INSURER, ITS AGEN'Tll Oft
ASHLAND OR 97520 REl'RESENTATlVES,
AIJ'tHORllED IlEPFll!lSENTAnVE
AnClie Fowler
ACORD 25 (2001108)
CACORO CORPORATION 1988
r-..
LtJ
ashland
independent
film
festival
April 3-7, 8008
P.O. Box 218
Ashland, Oregon
97620
641.488.3823
Fax 641.488.7782
info@a.shla.ndfilm.org
www.a.shla.ndfilm.org
Board of Directors
Jim Teece
Preoident
Darrel Pearce
Viae President
Howard Schreiber
Treasurer
John M. Love
Seoreta.ry
Jim Batzer
Zack Bell
Anne Ashbey Pierotti
Amy Richard
Ken Wells
Staff
Tom Olbrich
Executive Director
Jane Sage
Ma.ne.ging Director
Kathryn Houser
Development Director
Joanne Feinberg
Lead Programmer
Christi Wruck
Ol'ftoe Mane.ger
Laura Henneman
F'i1m.ma.k.er Lis.iBon
Jennifer Brian
SpeoioJ PrC\iectIJ Mane.ger
Advisory Board
Ed Battistella
Erika Bishop
Rick Bleiweiss
Mark Chilcoat
Jack Davis
Brooke DeBoer
Lee Fuschsmann
Jim Giancarlo
Jeff Golden
Ernest Hardy
Kieran Henthorn
Gerald Hircshfeld
Don I=enschuh
Jan Krawitz
Phyllis Leilani Halstead
Beasy McMillan
Linda Otto
Mary Pat Parker
Jeanette Paulson Hereniko
Kim Shelton
Ron Silverman
Paul Steinle
Joan Thorndike
Julia Tucker
John Schweiger
Founding Advieor/Benefa.otor
June 29, 2007
City of Ashland
Economic and Cultural Development
20 East Main Street
Ashland, OR 97520
Dear City of Ashland and Cultural and Economic Development Committee,
We are thrilled to hear news of the $21,999 grant to support the Southern
Oregon Film Society. Funds will be used to fund the annual Ashland
Independent Film Festival.
This regional support is instrumental in securing statewide grants, and is critical
to the success of the festival.
Thank you so much for your generous support and for your continued
partnership with the Southern Oregon Film Society.
Sincerely,
c)AWh1V
Jane Sage
Managing Director