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Home My WebLink About2009-234 Grant - St Clair Productions CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: Sl. Clair Productions 20 E Main Street Address: PO Box 835 Ashland OR 97520 Ashland, OR 97520 (541) 488-5300 FAX: (541) 552-2059 Telephone: ,(541 )535-3562 Term of this agreement: July 1, 2009 to June 30, 2010 Category amounts of grant: Tourism: $1,500 Economic: $0 Cultural: $3,500 Budget subcommittee: Economic and Cultural Deve lopment 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.01 0 (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 iicense. 3. Use of Grant Funds. The use of grant funds are expressiy 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. 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 shaii be returned to the City within 30 days of completion or termination. 5. Financial Records and Inspection. Grantee shaii maintain a complete set of books and records relating to the purpose for which the grant was awarded in accordance with generaiiy accepted accounting principles, Grantee gives the City and any authorized representative of the City access to and the right to examine aii 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 aii 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 wiii be seen by aii 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' 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 foiiowing conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at ievels sufficient to aiiow 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 aiiowable 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 10 provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. 8. Default If Grantee faiis 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 imy remedies available at iaw 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 shaii immediately return aii unexpended and unencumbered grant funds. In addition, City shaii be entitled to recover any administrative costs, including attorney fees or collection costs if encumbered as a resuit 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 finaiiy adjudicated and settled. The rights and remedies of this section are not exclusive and are in addition to any other rights and remedies avaiiable to the City under the law. 9, Amendments. The terms of this contract wili not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties, Such written modification wiii be made a part of this contract and subject to aii other contract provisions, 10. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and aii iosses, 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 iimited to, Grantee's empioyees, 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 obiigations assumed under this Contract, blanket contractual liability, products and completed operations, and owner's and contractor's protective insurance. The liability under each poiicy shall be a minimum of $500,000 per occurrence (combined single iimit 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 (andlor 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 federai 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 ciaim or from the jurisdiction. 15. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currentiy 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 penaity 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 iaws, rules, and regulations on nondiscrimination because of race, color, ancestry, national origin, religion, sex, marital status, sexual orientation, age, medical condition, or disability, GRANTEE By ;tf/Y'{f~ P M:/ Title If(/(Idz;t<e [l;A,::/;Q;/ Date ltildq/iJ f CITY OF ASHLAND ~.1-.. <5'~ Finance Direct /1/.3C/O ( , By Date ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYYY) 1M. 11/1812009 PRODUCER Phone: 503-365-7001 Fill{: 503-~73S4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MID VALLEY GENERAL AGENCY LLC QNL V AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4305 RIVER ROAD N ~?~!~. THIS CERTIFICATE DOES ~.?~A~~~'~~I;~~? ~~R KEIZER OR 97303 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: SCOTTSDALE INSURANCE COMPANY 41297 ST. CLAIR PRODUCTIONS, INC. INSURER B: PO BOX 835 INSURER c: ASHLAND OR 97520 INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSlJRANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CON:lI11ON OF AN'( CONTRACT OR OTHER DOCUMENT V\UH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSlJRAIICE AFFORDED BY THE POUClES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS, EXCLUSIONS ....ND CONDITIONS OF SUCH POUClfS. AGGREGATE UMlT5 SHCMN MAY HAVE BEEN RE[)lXED BY PAID CLAIMS. 'NSR I~:~ TYPE OF INSURANCE POLICY NUMBER =~~~~ ~~Y~R~N UMITS LTR ~ERAL UABlUTY CPS1104182 01/15110 01/18110 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL UABlU1Y ~~~~~o~~nce\ $ 100,000 l ClAIMS MAllE [!] OCCUR MED. EXP (Anyone person) $ 5,000 A - PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 ~AGG~nU~nPER: PROOOCTS-COMPIOP AGG. $ 2,000,000 POlICY r,;.-::::. LOC ~~LE UA8QJTY COMBINED SINGLE UMIT A'fl'(AUTO (Eaaccidem) $ - - All OWNED AUTOS BODILY INJURY (Per person) $ - SCl-EOULED AUTOS - HRED AUTOS BOOL Y INJURY $ - NClN-OIN>a) AUTOS (Poraccident) - :~~~~=nt~GE $ =i~E~MJTY AUTO ONLY. EA ACCIDENT $ AHi AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ 5ESS I UMBRElLA UABD.lTY EACH OCCURRENCE $ OCCUR 0 a.AJMS MADE AGGREGATE $ $ ==i 0E0UCT1Bl..E $ RETEN110N $ $ WORkERS COMPENSATION AND I~~~~TS I I"'"", EMPLOYERS'UABILlTY E.L EACH ACCIDENT MY PROrnE'urvPARTJCERIEJla::U $ OFFlCERIIIEMBER ElaCt.UOEDT E.L. OISEASE-EA EMPLOYEE $ "YM,cIIecl1ZIeullder E.L. DISEASE-POLICY UMIT $ SPECIAL PAOVlBlDNS betoJr OTHER: DESCRIPTION OF OPERATIONSIlOCATlONSIVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CITY OF ASHLAND IS INCLUDED AS AN ADDmONAL INSURED PER CG2010(071ll4). COVERED EVENT: 10TH ANNUAL ROGUE VALLEY BLUES FESTIVAL, JAN 15-17, 2010 CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 20 E MAIN ST EXPIRATION CATE THEREOF, THE ISSUING INSURER VVlLL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO ASHLAND OR 97520 00 so SHAll. IMPOSE NO OBUGATlON OR LIABILITY OF NfY KIND UPON THE INSURER, Irs AGENTS OR REPRESENTATIVES. Al1THORlZED REPRESENTATIVE MID VALLEY GENERAL AGENCY \--l ?:- U~; LLC "'- Alten1lon: Herman R Deiss ACORD 25 (2001AI8) Certificate # 43121 @ACORDCORPORATlON1988