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
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