HomeMy WebLinkAbout2009-119 Grant - Artisan Gallery & Art CTR
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RECEIVED
JUL 0 9 Z009
CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE: Ashland Artisan Gallery & Art Center
20 E Main Street Address: 357 E. Main St.
Ashland OR 97520 Ashland, OR 97520
(541) 488-5300
FAX: (541) 552-2059 Telephone: (541 )301-5975
Term of this agreement: July 1,2009 to June 30,2010
Category amounts of grant: Tourism:$ 0
Economic: $6,600
Cultural: $13.400
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 stated 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 Grant. Subject to the terms and conditions of this contract, 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 this contract and per
Resolution 2008-35 with modifications, if any, made by the budget subcommittee designated above or City Council.
Grantee will report in writing on the use and effect of granted monies per Resolution 2008-35, whichever is earlier:
a. Within 90 days of the event completion (Single event applications before June 30, 2010)
b. Or as part of a subsequent application for grant funds from the City, if funding has been completely used
by grantee(Spring of 2010)
c. Or within 90 days of the end of the current budget fiscal year(October 1, 2010)
If Grantee intends on applying for subsequent grant funds through the City and has not fully used the previOUS year's
funds, the Grantee must provide a memo acknowledging that as part of the application process in FY 2010-2011.
.If Grantee is awarded $4,000 or more in Tourism qualifying funds, they must report statistical data on the impact of
these grant funds.
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All other Grantees are encouraged to submit statistical data on the impact of the grant funds by the category in which
they were funded (Tourism, Economic, or Cultural Development).
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.
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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 $18,088 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 perfonning 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 tenninated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be tenninated 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 tenninate 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 resuiting 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 owne~s and
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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 condijion, or disability.
GRANTEE
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CITY OF ASHLAND
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Finance Di i:lor
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CERTIFICATE OF INSURANCE
This Q"rtifies that 181 STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
D STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
insures the following policyholder for the coverages indicated below:
Name of policyholder Ashland Artisan Gallery & Art Center
Address of policyholder
357 E Main St
Location of operations
Ashl_andr:OR__97520
357 E Main St Ashland, OR 97520
Description of operations Art qallery & studio
The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is
subiect to all the terms exclusions, and conditions of those oolicies. The limits of Iiabilitv shown mav have been reduced bv anv oaid claims.
POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY
Effective Date ExDiration Date fat beainn'no of DDlicv Deriod)
Comprehensive BODILY INJURY AND
97-E2-0940-2 Business Uabilitv 06/05/09 06/13/10 PROPERTY DAMAGE
This insurance includes: D Products - Completed Operations
D Contractual Liability
D Underground Hazard Coverage Each Occurrence $1,000,000
D Personal Injury
D Advertising Injury General Aggregate $2,000,000
D Explosion Hazard Coverage Products - Completed
D Collapse Hazard Coverage Operations Aggregate $2,000,000
D General Aggregate Limit applies to each project
181 Contractors Policy
D
EXCESS LIABILITY POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE
Effective Date EXDiration Date (Combined Single Umit)
D Umbrella Each Occurrence $ 5000
DOther Annrenate $
Part 1 STATUTORY
Part 2 BODILY INJURY
Workers' Compensation
and Employers Liability Each Accident $
Disease Each Employee $
Disease - Policv Limit $
POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY
Effective Date EXDiration Date (at beainn'no of Dolicv oeriod)
If any of the described policies are canceled before its
expiration date, State Farm will try to mail a written notice to
the certificate holder 30 days before cancellation. If,
however, we fail to mail such notice, no obligation or liability
will be imposed on State Farm or its agents or
representatives.
Name and Address of Certificate Holder
City of Ashland
It's Officers and Employees
20 E Main St,
Ashland, OR 97520
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~re of Authorized Rep anto a - LSIt '5
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558-994 a 2-90 Printed in U.SA