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Home My WebLink About2009-111 Grant - Help Now . CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: Help Now! Advocacy Center 20 E Main Street Address: 33 N. Central Ave #211 Ashland OR 97520 Medford, OR 97501 (541) 488-5300 Telephone: 732-1911 FAX: (541) 552-2059 Term of this agreement: July 1,2009 to June 30,2011 Amount of grant: $1,133 which will be disbursed twice: Once at Julv 1, 2009 and once at Julv 1, 2010 adiusted for inflation. Budget subcommittee: Social Service Grant Contract made the date specified above between the City of Ashland and Grantee named above. RECITALS: City has reviewed Grantee's application for a grant and has determined that the request merits funding and the purpose for which the grant is awarded serves a public purpose. This Grant agreement (ORS 279A010 (i) (A) (ii)) is not a public contract for purposes of ORS 279 A-C. ORS 279A010 (x). City and Grantee agree: 1. Amount of Grant. Subject to the terms and conditions of this contract and in reliance upon Grantee's approved application, 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 license. 3. Use of Grant Funds. The use of grant funds are expressly limited to the activities in the grant application with modifications, if any, made by the budget subcommittee designated above. Grantee will report in writing on the use and effect of granted monies compared to the original request (as modified) per the following: a. Within 90 days of the event completion (Single event applications before June 30, 2011) b. As part of a subsequent application for grant funds from the City, if funding has been completely used by grantee(Spring 2011) c. Within 90 days of the end of the current budget fiscal year, whichever is earlier(October 1, 2011) Grant applicants awarded less than $2,500 are encouraged to maintain documentation to this effect but are not required to submit a report unless requested by the City except under 2 b. above. . .. . '4. Unexpended Funds. Any grant funds held by the Grantee remaining after the purpose for which -the grant is awarde~ ,or. this contract is terminated shall tie. returned to the City within 30 days' of completion or termination. . .. .. ..'.. . . . . '0.' >.: '.' . . ,." -. . '5. Financial Records and Inspection. Grantee shall maintain'a c6mplete 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 $18,0880r 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 ail 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 aiso 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' 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 foilowing conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to ailow 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 ailowable 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 reguiation 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 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 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 shail immediately return ail unexpended and unencumbered grant funds. In addition, City shail be entitled to recover any administrative costs, including attorney fees or coilection 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 shail be ineligible and disbarred from. receipt of. future grant funds until such. matters are finaily adjudicated and settled. The rights and remedies of this section are noi 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 ail other contract provisions. 10. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and ail 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 shail not be held responsible for damages caused by the negligence of City. 11. Insurance. Grantee shail, at its own expense, at ail 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 $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 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 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 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 liabiiity 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. :@( ~ tL T~ $.::~ iJ,;~~ Date 6/GJO' CITY OF ASHLAND By ~.7.. . ~ e" . 6?- Finance Director ' Date ?~~7 ACORD~ CERTIFICATE OF L1~BILlTYINSURANCE OP 10 K9 I DATE (MM1DDIYYYY) HELPN-1 04/03/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Western States Ins. - Medford HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 739 -MeMbra Center-- -- -AtTER .THE.COVERAGE. AFFORDED-BY THE. POUCIES.BELOW: Medford OR 97504 Phone: 541-779-1321 Fax:541-779-9187 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: MUtual of EnUl!tClaw Insur..nce 14761 INSURER B: I Help Now Advocacy Center INSURER C: I LarijY Kahn 33 Central Ave #211 INSURER 0: I Medford OR 97501 I INSURER E: \ 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 SUBJECTTQ ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POllCIES_ AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS I'~T~ ~SR' TYPE OF INSURANCE POLICY NUMBER ~<<1~~~ri~fJIf~E P Dk~r..;EY,~J;bRJ'~~N LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY NC51029 03/13/09 03/13/10 PREMISES (Ea occurence) $ 300000 I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 5000 PERSONAL & ADV INJURY SExccluded - - GENERAL AGGREGATE $ 1000000 ~'lAGGRnE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG SExcluded PRO- n POLICY JEeT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - - $ ANY AUTO (Eaaccidenl) - ALL OWNEO AUTOS BODll Y INJURY I. - SCHEDULED AUTOS (Per person} - HIREO AUTOS BODilY INJURY - , NON-OWNED AUTOS (Per accident) f- l. I-- PROPERTY DAMAGE (Per accident) GARAGE UABILITY AUTO ONLY - EA ACCIDENT , R ANY AUTO OTHER THAN EAACC , AUTO ONLY: AGG , pESSlUMBRELlA LIABILITY EACH OCCURRENCE , OCCUR D CLAIMS MADE AGGREGATE , , H DEDUCTIBLE . RETENTION , $ WORKERS COMPENSATION AND 'T~~V:i~I~:~S I IU~~- EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERlEXECUTIVE E.L EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ If yes, describe under E.L DISEASE - POLICY LIMIT I $ SPECiAl PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLU~ONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Advocacy office CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Ashland NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Bryn Morrison IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Fax: 552-5259 REPRESENTATIVES. Ashland OR 97520 AUTH07f~PRE~E.J!ATlVE .L ACORD 25 (2001/08) @ACORD CORPORATION 1988