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Home My WebLink About2009-122 Grant - OSF CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: Oregon Shakespeare Festival 20 E Main Streel Address: PO Box 158 Ashland OR 97520 Ashland, OR 97520 (541) 488-5300 FAX: (541) 552-2059 Telephone: (541)482-2111 Term of this agreement: July 1, 2009 to June 30, 2010 Category amounts of grant: Tourism: $110,000 Economic: $0 Cultural: $0 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 279A01 0 (i) (A) (ii)) is not a public contract for purposes of ORS 279 A-C, ORS 279A01 0 (x), City and Grantee agree: 1, Amount of Grant. Subject tothe terms and conditions of this contract, the City agrees ,to provide funds in the amount specified above: Grant funds shall be utilized'or'conlractually 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 lhe 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 lhe impact of these granl funds, All other Granlees are encouraged 10 submit statistical dala on 'the irilpaCtof the giant'iunds by th,e ' calegory 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 coontract 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 lhe amount of this contract is $18,088 or more, and if lhe Grantee has len or more employees, lhen 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 10 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 consenl 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: f. If City funding from federal, state, county or other sources is not obtained and conlinued at levels sufficient 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 ionger 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 this contract is for any reason denied, revoked, suspended, or not renewed, ' 8. Default. If Granlee 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 relurn of lhe granl funds, paymenl of inlerest earned on granl funds or declaralion of ineligibility for lhe receipt of future granl 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 fulure granl funds unlil such matters are finally adjudicated and settled, The rig hIs and remedies of this section are not exclusive and are in addition 10 any olher rig hIs and remedies available 10 lhe City under the law, 9. Amendments, The terms of this contract will not be waived, altered, modified, supplemenled, 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 , ,,,t" 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 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 monlhs 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 operalions, 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 addilional 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, agreemenls 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 10 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 departmenl of the State of Oregon) and the Grantee that arises from or relates to this contract shall be broughl and conducted solely and exclusively wilhin 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 Dislricl Court for the Dislricl of Oregon filed in Jackson County, Oregon, Contractor, by the signalure herein of its aulhorized representalive, hereby consents to the in personam jurisdiclion 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 attribulable 10 work performed after the last day of lhe current fiscal year is contingenl on City appropriations, or olher expenditure authority sufficient to allow City in the exercise of ils reasonable. administralive discretion, to continue 10 make payments under this conlract. In the event City has insufficient appropriations, limitations or other expendilure authority, City may terminate this contracl without penalty or liability to City, effective upon the delivery of written notice to Grantee, wilh no further liability to Granlee, 16. Non-Discrimination. Grantee shall comply with all applicable federal, state and local laws, rules, and reguiations on nondiscrimination because of race, color, ancestry, national origin, religion, sex, marital status, sexual orientation, age, medical condition, or disability, GRANT.E2 , r By ~^^~ Title ~')(eV\..<.ii II-(.. j).~ Jp.,r Dale ' d~ 'g 2C:>09 I CITY OF ASHLAND By ~~ Finance Director Date -;7 ),J Iv J ; / A CORD_ CERTIFICAlt OF LIABILITY IN5URArt-E DATE (MMlDOIYYYY) 12/29/2008 PRODUCER (541)772-1111 FAX: (541) 772-3785 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Beecher Carlson ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agency LLC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 707 Murphy Rd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Medford OR 97504 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Great American Insurance Oregon Shakespeare Festival INSURER B: PO Box 158 INSURER c: INSURER D; , Ashland OR 97520 INSURER E: 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 ,INSURAN~IT~F:,oRDED BY -mE POLICIES DESCRIBED ~;~;,I~o'S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, L1M H AVE BEEN Dl::n qn, M II!,,~ ~~~.~ TYPE OF INSURANCE POLICY NUMBER PJlA~~~~g~~ Pg~fJ {~':,b~~~N . LIMITS ~NERAL LIABILITY .w NrE . 1,000,000 X COMMERCIAL GENERAL LIABILITY g~~:1-tJ9f:~ENTE~ n .-\ . 100,000 'A I CLAIMS MADE [!] OCCUR PAca049553 1/1/2009 1/1/2010 MED EXP {An one erson . 5,000 . AnVINlflOV . 1,000,000 GENERAL AGGREGATE . 2,000,000 -;-]~ AGG~EnE ~~~ AAES PER: ,COMP/no ,cc . 2,000,000 X POUCY J{;M LOC ~TOMOBILE LIABILITY COMBINED SINGLE UMIT . 1,000.000 ~ ANY AUTO (Eaaccidenl) A - ALL OWNED AUTOS CAP8049554 1/1/2009 1/1/2010 BODILY INJURY (Per person) . ~ SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY . ~ NON-OWNED AUTOS (Peraccldenl) PROPERTY DAMAGE . (Peraccldenl) =iAGE LIABILITY AUTO ONLY. EA ACCIDENT . ANY AUTO OTHER THAN EA A~~ . AUTO ONLY: AGG . ~~SSIUMBRELL.A UABILITY I.,r, . 2,000,000 X OCCUR . 0 CLAIMS MADE AGGREGATE . 2,000,000 . A :;::1 ~EDUCTIBLE UMB8049555 1/1/2009 1/1/2010 . X RETEtfTION or: 10.000 WORKERS COMPENSATION AND I WCSTATU_: I OJ.!:!- EMPLOYERS' UABILlTY Am PROPRIETORIPARTNERlEXECUTNE E.L EACH ACCIDENT . OFFICER/MEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYEE S "yes. describe under SPECIAL PROvi',,;.loNS below E.l. DISEASE. POLICY LIMIT S A OTHER Liquor Liability PAC8049553 1/1/2009 1/1/2010 1,000,000 2,000,000 DESCRIPTION OF OPERATIONSJLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is an additional insured as respects General Liability when required by written agreement. This form is subject to policy terms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE City of Ashland EXPIRA nON DATE THEREOF. rHE ISSUING INSURER WILL ENDEAVOR TO MAil Its Officers, Employees and Agents 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT Attn: Bryn Morrison - 20 B Main FAILURE TO DO SO SHAll IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE Ashland, OR 97520 INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORlZED REPRESENTATIVE ,/AUW f~n,' Mike Mastroni/PAUORT ACORD 2S (2001/08) INS025 (0108).08a @ACORDCORPORATION1988 Page 1 of2