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Home My WebLink About2008-143 Grant - Oregon Stage Works Jul 17 08 04:25p Northgate Auto Center Vl/6'/4YVV 4~.V. .44 v~~ VV~ ~v~~ 541-776-4028 p.1 ~002 \".l1 I vr ^ ~11J..A..." 11 CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: Oregon Stage Works 20 E Main Street Address: 191 A S1. Ash~nd OR 97520 Ashland. OR 9752D (541) 488-.5300 FAX: (541} 552..2059 Telephone: (541 )482.2334 Term of this agreement: July 1, 2008 to June 30, 2009 Amount of grant: $4,500 Budget subcommittee: Economic and Cultural Development Contract made the date specified above between the City of Ashland and Grantee named above. RECITALS: City grants the Identified amount for the srtated purpOSe above. This. Grant agreement (ORS 279A.010 (i) (A) (ii)) is not a public contract for purposes of ORS' 279 A-C. ORS 279A, 010 (x). City and Grantee agree: 1. Amount of Gnnt. Subject to the terms and conditions of this contrad, the City agrees to provide funds in the amount specified above. Grant funds snan be utirized or contractually committed In the fiscal year for what they are awarded. 2. Qualified Work. Grantee has represented I and by enterJng into this contract now represents, that any personnel assigned to the work required under this con1ract are fully qualified to perform the worK to Which they wi" be assigned in a skilled and worker-like manner and, .f required to be registerl!d. Icensed or bonded by the State of Oregon. are 80 registered, ticensed and bonded. Grantee must also maintafn a current City business license. 3. Use of Grant Funds. The use of grant funds. are expressly limited to the activities in this contract and per Resolution 2007..08 with modiflCationSI 'f any, made by the budget subcommittee designated abovf1) or City Council. Grantee wiU report in writing on the use and effect of granted monies compared to-the original Intent of this contract and Re$OlutiCln 2007~B ~r the following: a. Within 90 days of the event completion iSingJe event applications) b. As part of a subsequent application for grant funds from the City c. Wlth,n 90 days of the end of the CUrretlt budget fiscal year, Whichever Is earlier 4. Unexpended Funds. Any grant funds held by the Grantee remaining after the purpose for whtch the gra nt Is awarded Of 1his contract is tenninated shall be retu med to the City within 30 deys of completion or termination. 5. Financial Records and Inspection. Grantee shall maintain iI complete set of books and records relating to the purpose for which the grant was awarded In acoordance with generally accepted accounting principles. Grantee giVes the ~ity and any authorized representative af the City access to and the right In eJCamine aI books. records, papers or documents f'l!lating to the use of grant "mds. S. Living Wage Requirements. If the amount of this contrlJd is $18.088 or more, and if the Grantee has ten or more employees. then Grantee Is reQuired to pay.a fMng wage, as defined in Ashland Municipal Code Chapter 3.12, to all em pIoyees and aubcontrectors who. spend 50% or ~ore of their time within a monih performing work under this contract Grantees reqUIred to Dava liVIng wage are Jul 17 08 04:25p Northgate Auto Center 541-776-4028 p.2 Il&J OU J - . r -. r .. Y'V'v ...."" oIL Y .. ca..c.. ""....1. .,~_ 6V ~I:J \..01.1. I ur 1\~~A.lVU also required to post the attached notice predominantly in areas where k will be seen by all employees. . . 7. TerminatiGn. a. ~utual Consent This contract may be terminated at any time by mutual consent of both parties. . b. ~'s C?onvenience. Th!& contract may be terminated at any time by City upon 30 days' notice In writing and deflVef~ by certified mall or in person. c. For Cause. City may terminate or modify thJs contract, in whole or in part, effective upon delivery of written notice to GranteeJ or at such later date as may be established b~ City uncler any of the follOwing conditfons: i. If City funding from federal~ state. county or other sources is not obtained and continued at levels sufficient to Bilow for the grant; Ii. If fedef8' or state regutations or guidelines are modified, changed. or interpreted in such a way that the grant purposes are no longer allowable Or appropriate ror award under this contract or are no ~onget eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law Or regutatlon 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 irl this contract or fans to expend the grant funds or enter into binding legal agreements to expend the 9rant funds within twelve months of the date of this contract, the City, by written notice of default to the Grantee, may terminate the whore or anv pert 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 cteclaration of Illellgiblllty for the recefpt of fuwre grant awards. In the event of termination. City may stop payment or withhold any Grant funds in City's possession from Gran~ and Grantee shall immediatefy return '" unexpended and unencumbered grant funds. rn addition, City shaD be entttfed to recover any adminlstratfve costs. Induding attorney fees or collection costs if encumbered as a result of Grantee.s failure to return Grant funds. I n the event of termination, if Grant funds are not returned or it fs found t~at Gfilnt funds were mi$approprieted, Grantee shaU be ineligible and disbarred from receipt of future grant funds until such matten; 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 wilt not be waived. altered. modified, supplemented, or amended in any manner except by written instniment sjgned by the parties. Such written modificatioo will be made a part of this contract and subject to all other contract prcvlSllons. 10. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and agents harmlns fmm any and all losses. dalms, actions, costs, expenses. judgments. SUbrogation.s. or other damages resulting from injury to .,y person (including Injury resuling in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to. the performance of lIlis agreement by Grantee (including but not limited to. Granteels 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.ll'Isurance. Grantee Sha~, at Its own expense, at aU t~mes for twelve .monlt1s ftom the cate of 1his agreement. maintain in force a comprehensive general liability policy including coverage for con~alllablllty for obligations assumed under this Contract. blanket contractualllabUity, products end completed operations. and ownCtr's and contractor's protective tnsurance. The liebHitY under each policy shaJl be a minimum of $500,000 per occurrence (comOOec:f single rtmil for boctrrv Injury and property damage dams) or $500,000 per occurrence for bodily injury and '100,000 per oct:urrence tor property damage. Liabitity cOYerage shall be provrdecl on an Jul 17 08 04:25p Northgate Auto Center 541-776-4028 p.3 ~UU4 ..... I , -. , - - ... ..... ... v " ... .. ..a..a.a.. "".... ... v v.. .. V" CI v.L ~.1 ur A.,nJ...AL"AI "OCCUrreJ\ce" not "claimslf basis. The City of AshJand. its officers. employees and agents shall be named as additional insureds. Certificates o~ Insurance acceptable to the City shall be filed with the City's Risk Manager or Finance Director prior to the expenditure of any grant funds. Grantee shall at its own expense provide the following insurance: Worker's Compensation Insurance in comprlance wNh ORS 656.011, WhIch requJres subject employers to provide Oregon workers' oompensation coverage for all their subject workers. 12. Aselgnmenl and SubGOntracb. Grantee shall not assign this contract or subcontract any partial of the work without the written consent of City. Any attempted sssignment or subcontract without written consent of City shall be void. Grimtee shall be fuUy responsfble for: the acts or omissions of any assigns or$ubcontractors aoo of all peflKJl1S employed.by them, and the approval by CJty of any assignment or subcontract shan 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 replE!sentalions. 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 tflis contract, understands it, and agrees to be bound by its tenns and conditions. 14. Goveming Lawi J'urisdrction; Venue. This contract shalt be governed and construed in accordance with fhe laws of the State of Oregon without resort to any jurisdiction's cortflict of laws, rules or doctrines. Any claim. action. suit or proCeeding (collectively, lithe claim") between the City (and/or any ottaer or department of the State of Oregon) and the Grantee that arises from or relates to thia contract shan be brought and conclucted solely and exclusively within the Crrcuit Court of Jackson County for the State of Oregon. If. however, the claim mU5t be brought in a federal forum, Ulan It shaH be brought and conduc;ted 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 Ie the in personam juri5dlction of said courts. In no event shall this section be construed as a waiver by City of an~ ~ of defense or Immunity, based on the Eleventh Amendment to the United States Constitution I or otherwise. from any claim or from the juri&diction. 15. Nonapprapriations 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 fiscat 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 cunent fi$Ca1 year is contingent on City appropriatio~ or other expenditure authority sufficient to aJlow Cfty in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient ap~opriations. limitations or other expenditure authority, City may terminate this contract without penalty or liabJlity to City, effective upon the delivery of written notfce to Grantee, with no further liability to Grantee. 16. Non-Dlacrlmlnatlon. Grantee shall comply with all applicable federal, state and Iocallsws, rules. and regulations on nondiscrimination because of race, cofor, ancestry, national origin, religion. sex, marital status, sexual orientation, age, medical condition, or disability. CITY OF ASHLAND ~~~~ Finance Director 7~/~r ACORD... CERTIFICATE OF LIABILITY INSURANCE OP 10 GW I DATE (MMlDDNYYY) OREGO-1 06/26/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Insurance Center, Inc. ONLY AND eONFERS NO RIGHTS UPON THE CERTIFICATE 240 West "C" Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POBox 6 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Jacksonville OR 97530 Phone: 541-899-9535 Fax:541-899-9532 INSURERS AFFORDING eOVERAGE NAle# INSURED INSURER A: Zurich Insurance Company INSURER B: Liberty Northwest Oregon Sta~e Works Inc. INSURER C: Peter Alza 0 & Bili Sauers 191 A Street INSURER D: 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. NOTWITHSTANDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~~ ';.~~ TYPE OF INSURANCE POLICY NUMBER PD~L;!i1.i~rJrf~E Pgk!fEY(~~b~~N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 - UAMAli~ I U K~N I ~u A X X COMMERCIAL GENERAL LIABILITY PPS041867541 02/15/08 02/15/09 PREMISES (Ea occurence) $ 1000000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 10000 PERSONAL & ADV INJURY $ 1000000 - GENERAL AGGREGATE $ 2000000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2000000 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 I--- $ NON-OWNED AUTOS (Per accident) 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 $ =:=J OCCUR D CLAIMS MADE AGGREGATE $ $ =1 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ITb'~yS~~WS I IOJH- ER B EMPLOYERS' LIABILITY WC4-.3NC-507152-017 04/0l./08 04/01/09 $ 500000 ANY PROPRIETOR/PARTNER/EXECUTIVe E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 500000 If yes, describe under E.L. DISEASE - POLICY LIMIT $ 500000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Additional Named Insured: City of Ashland, It's Officers, Employees and Agents eERTIFleA TE HOLDER eANeELLA TION City of Ashland 20 East Main St. Ashland OR 97520 CITYASH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL S AGENTS OR ACORD 25 (2001/08)