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HomeMy WebLinkAbout2009-121 Grant - Lithia Arts Guild CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: Lithia Arts Guild 20 E Main Street Address: PO Box 3194 Ashland OR 97520 Ashland, OR 97520 (541) 488-5300 FAX: (541) 552-2059 Telephone: (541)535-7412 Term of this agreement: July 1, 2009 to June 30,2010 Category amounts of grant: Tourism: $1,824 Economic: $2,431 Cultural: $1,824 Budget subcommittee: Economic and Cultural Development Contract made the date specified above between the City of Ashland and Grantee named above, RECITALS: City granls lhe identified amount for the staled 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 conlracl are fully qualified 10 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 3D, 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 201 D) 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 Granlee is awarded $4,000 or more in Tourism qualifying funds, lhey must report statislical data on the impact of these granl funds, All other Granlees are encouraged to submit statistical data on the impacl of the grant funds by the category in which lhey were funded (Tourism, Economic, or Cullural 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, 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 10 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 lhis contract is $18,088 or more, and if the Granlee has ten or more employees, then Grantee is required 10 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' nolice 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: f. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficienl to allow for the grant; if. 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 iif. If any license or certificate required by law or regulation to be held by Grantee to provide the services required by lhis 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 whoie 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 righls and remeaies of this section are not exclusive and are in addition to any other rights and remedies available to the City under lhe 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 conlract and subjecl 10 all other contracl provisions, 10, Indemnity, Grantee agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all iosses, 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 (inciuding but not iimited 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 contraclualliability for obligations assumed under this Contract, blanket contractual liability, producls and compteted operations, and owne~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 "c1aims" 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 giant 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 wilhout 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 iI, and agrees to be bound by its terms and conditions, 14, Governing Law; Jurisdiction; Venue. This contracl 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 solety 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 availabte 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 expendilure authority sufficienl 10 allow City in the exercise of its reasonable administrative discretion, to continue 10 make payments under this contract. In lhe event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract withoul penalty or liability 10 City, effective upon the delivery of written nolice 10 Grantee, with no further liability to Grantee, 16. Non-Discriminatio , Grantee shall comply with all applicable federal, state and iocallaws, rules, and regulation on on 'scrimination because of race, color, ancestry, national origin, religion, sex, marital status, sexual orie tation, age, medical condition, or disability, ~' GRA~TEE ( CITY OF ASHLAND Title c. ""'-- ,v-. L:.j.,,,,:, ~ <,. Date ) (}... "'--L- \.0:, -;;:L c::>:::5 By Date h~ Finance irector 7 /;, ~/tJ.i ACORD TM, PRODUCER Phone: 503-365-7001 Fax: 503-365-7354 MID VALLEY GENERAL AGENCY LLC 4305 RIVER ROAD N KEIZER OR 97303 CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDOfYYYY) 05/1512009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INSURERS AFFORDING COVERAGE NAIC# INSURED LITHIA ARTS GUILD OF OREGON INC DBA: BRISCOE ARlWlNG PO BOX 3194 ASHLAND OR 97520 INSURER A SCOTTSDALE INSURANCE COMPANY INSURER B: INSURER C: INSURER 0: INSURER E: 41297 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 SHO't.\N MAY HAVE BEEN REDUCED BY PAlO CLAIMS. '''''' I,~ TYPE OF INSURANCE powey NUMBER ~=~ ~~=-,~N LIMITS . CTR GENERAL LIABILITY CLS1330620 05/17/09 05/17/10 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY ~E~:.e:ce) S 100,000 I.CLAIMS MADE[!] OCCUR MED. EXP (Anyone person) S 5,000 A PERSONAl. & AtN INJURY S 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 PRODUCT5-COMP/OP AGG. S 2,000,000 I POLICY n ~:gr n LOC AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT - (Ea accident) S ANY AUTO - ALL OWNED AUTOS BODILY INJURY - (Per person) S SCHEDULED AUTOS - HIRED AUTOS BOOIL Y INJURY - S NON-OWNED AUTOS (Perecddent) - - PROPERTY DAMAGE S Pereccldent) GARAGE lIABlUTY AUTO ONLY - EA ACCIDENT S R ANY AUTO OTHER Tl'Wl EA ACC S AUTO ONLY: AGG S :3ESS I UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR D CLAIMS MADE AGGREGATE S S ~ DEDUCTIBLE S RETENTION $ S WORKERS COMPENSATION AND I~~~~~ I I OTHER . EMPLOYERS' UABIUTY E.L. EACH ACCIDENT S ANY PRQPRlETORIPARnIERlEXECUTlVE OA'ICERIMEM8ER EXCUJOED? E.L. DISEASE-EA EMPLOYEE S If yn,deacrlbeoodeo E.L. DISEASE-POlICY LIMIT S SPECIAL PROVlSIONS_ OTHER: ,~ DESCRIPTION OF OPERATIONS/LOCATlONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CITY OF ASHLAND, Irs AGENTS, DIRECTORS, OFFICERS il. EMPLOYEES ARE INCLUDED AS AN ADDITIONAL INSURED PER CG2010(7-04), CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAND, Irs AGENTS, DIRECTORS, OFFICERS & EMP SHOULD PJfY OF THE ABOVE DESCRIBED POliCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOf, THE ISSUING INSURER 'NlLL ENDEAVOR TO MAIL 30 DAYS LOYEES WRITTEN NOTICE TO THE CERTIACATE HOLDER NAMED TO ;HE LEFT, BUT FAILURE TO 20 E, MAIN STREET 00 so SHAll IMPOSE NO OBUGATlON OR UABIUTY OF ANY KIND UPON THE INSURER, ITS ASHLAND, OR 97520 AGENTS OR REPRESENTATIVES. AUTliORIZED REPRESENTATIVE MID VAllEY GENERAL AGENCY W, ~ ~~,' LLe .#....., AttenUon: . Herman R Deiss ACORD 25 (2001/08) Certificate # 41316 @ACORD CORPORATION 1988 . POLICY NUMBER: CLS1330620 L1THIA ARTS GUILD OF OREGON INC DBA: BRISCOE ARTWING . COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 -THIS-END0RSEMENT-CHANGES'-THE-P01:ICY~--PI:EASE..READ-1T-CAREFUI:L y, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance' provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE CITY OF ASHLAND, IT'S AGENTS, DIRECTORS, OFFICERS & EMPLOYEES 20 E, MAIN STREET ASHLAND, OR 97520 Location s Of Covered 0 erations POLICY PERIOD: 05-15-2009 TO 05-15-2010 Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations, A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in, part, by: 1, Your acts or omissions; or 2, The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- naled above, CG 20 100704 B, With respect to lhe insurance afforded 10 these additional insureds, the following additional exclu- sions appiy: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) al the location of the covered operalions has been completed; or 2, ThaI portion of "your work" out of which the injury or damage arises has been pul 10 ~s in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project @ ISO Properties, Inc" 2004 o Page 1 of 1