HomeMy WebLinkAbout2011-124 Grant - Ashland Gallery Association
CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE: Ashland Gallery Association
20 E Main Street Address: PO Box 241
Ashland OR 97520 Ashland, OR 97520
(541) 488-5300
FAX: (541) 552-2059 Telephone: (541) 488-8430
Term of this agreement: July 1, 2011 to June 30, 2012
Category amounts of grant: Tourism: $2.420
Economic: $3,520
Cultural: $4,620
Sustainability: $440 ----
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. Pursuant to ORS 279A.025(2)(d),
this Grant agreement [ORS 279A.01 0 (k) (A) (ii)] is not a public contract for purposes of ORS 279 A-C.
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 10 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 2011-07 with modifications, if any, made by the budget subcommittee designated above or City
Council.
The grantee agrees to incorporate within any printed or electronic notices or advertisements the fQllo~mL__._
wording whenever possible: "This program (activity, concert, museum, directory, performance, etc) is funded,
in part, by Ashland lodging tax revenues.
Grantee will report in writing on the use and effect of granted monies per Resolution 2011-07, whichever is
earlier:
a. Within 90 days of the evenl completion (Single event applications before June 30, 2012)
b. Or as part of a subsequent application for grant funds from the City, if funding has been
completely used by grantee(Spring of 2012)
c. Or within 90 days of the end of the current budget fiscal year(October 1,2012)
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
2012-2013.
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 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 the amount of this contract is $18,890 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
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 !Je 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
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!b~ grant fun~ _ ~_
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 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 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 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 owner's and contractor's protective insurance. The liability under each policy shall be a
minimum of $1 ,000,000 per occurrence (combined single limit for bodily injury and property damage
claims) or $1,000,000 per occurrence for bodily injury and $100,000 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 Uniled 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 condition, or disability.
GRANTEE
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CITY OF ASHLAND'
PtA.,;t.... ..~
City Representa. e
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By
By
Date
Date
CITY OF
ASHLAND
June 26, 2011
Darlene l(rYse~M6v{u--- CJl.sf7l".- (/l.evJ ee>>da.ci)
Ashland Gallery Association (act.~'^,'sfr~)
PO Box 241
Ashland, OR 97520
Dear Ms, Kruse,
The City of Ashland Budget for the 2011-2012 fiscal year was adopted by the City Council on
June 7,2011. Your grant award of $11 ,000 is included in this budget.
The City requires grant recipients to provide a certificate of insurance indicating liability
coverage of not less than $500,000.00 per occurrence. The City of Ashland, its officers, and
employees should be named as additional insureds.
Please review the new Reporting Conditions listed in item number 3 and Living Wage
requirements listed in item number 6 in the Financial Assistance Award Contract and
the new requirement in Section 3 to acknowledge the City as a funding source in printed
and electronic notices and advertisements.
Please sign the enclosed contract and return it to the City as soon as possible. Once the
contract and current certificate of insurance are on file, payment can be implemented any time
after 7/1/11.
Sincerely,
fto;( ~
Lee Tuneberg
Administrative Services and Finance Director
Enclosures
mh
Finance Department
D.L. Tuneberg, Director
20 East Main Street
Ashland, Oregon 97520
www.ashland.Or.us
Tel: 541-488-5300
Fax: 541-552-2059
TTY: 800-735-2900
r~'
~
.'~RD.
DATE (MMlDDIYYYY)
CERTIFIC'.-'\TE OF LIABILITY INSURI"'ICE
OP 10 DR
03/04/11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTtFICATE HOLDER,
IMPORTANT: I. the certificate holder is an ADDITIONAL tNSURED. the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsemenl A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER NAME:
Insurance Marketplace, Inc. I W~,NtiO. Extl: I [Ale, No',
1998 Skypark Dr Suite 100 I i~~~ss:
Medford OR 97504 CUSTOMER 10 II: ASHLA-5
Phone: 541-779-0177 Fax,FAX 772-8235 INSURER(S) AFFORDING COVERAGE HAle"
INSURED INSURER A : American States Ins. Co. 19704
Ashland Gallery Association INSURER B :
John Davis
POBox 241 INSURER C :
Ashland OR 97520 INSURER 0 :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT 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 Atf'f CONTRACT OR OTHER OOCUMENT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
l'lTR TYPE OF INSURANCE INSR 'NYD POLICY NUMBER (MMlDDfYYYY) (MMlDDIYYYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE .1,000,000
A X COMMERCIAL GENERAL LIABILITY 01-CH-770410-4 03{31{11 03{31{12 PREMISES (Er:=-~I:.~ncel .200,000
I CLAIMS-MADE [!] OCCUR MED EXP (Anyone person) .10,000
X PERSONAL & ADV INJURY . 1,000,000
X EPL $10k GENERAL AGGREGATE s2,000,000
~~ AGG~EnE ~LlMIT AP~t PER: PRODUCTS - COMPIOP AGG '2,000,000
POLICY r;~8T LOC .
AUTOMOBilE LIABILITY COMBINED SINGLE LIMIT .
- (Eaaccident)
Atf'f AUTO BODILY INJURY (Per person) S
-
- ALL OWNED AUTOS BOOll Y INJURY (Per accident) .
SCHEDULED AUTOS PROPERTY DAMAGE
- .
HIRED AUTOS (Per accident)
- .
- NON-QWNED AUTOS
.
- UMBRELLA L1AB H OCCUR EACH OCCURRENCE .
EXCESS L1AB . CLAIMS-MADE AGGREGATE .
f-- DEDUCTIBLE .
,-- ---.-
RETENTION . .
WORKERS COMPENSATION ITO"'?""'5 I IVElt
AND EMPLOYERS' LIABIUTY T'N
ANY PROPRIETORIPARTNERlEXECUTITI ~'A E.l. EACH ACCIDENT .
OFFICERlMEMBER EXCLUDED?
(Mandatory In NH) E.L. DISEASE - EA EMPLOYE .
~~~~:Ff~~ bnFdbpERATIONS below E.L. DISEASE - POLlCY LIMIT .
DESCRIPTION OF OPERATIONS' LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarll.s Schedule, If more space Is required)
~ity of Ashland and its officers, employees and agents are additional
J.nsureds.
CERTIFICATE HOLDER
CANCELLATION
DlRECTO
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Ashland
Director of Finance
20 E. Main St.
Ashland OR 97520
I
AUTHORIZED REPRESENTATIVE
R. Scott Weaver, CIC
ACORO 25 (2009/09)
@1988-2009ACORD CORPORATION. All rights reselVed.
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