HomeMy WebLinkAbout2010-093 Grant - John Muir School Garden Project
CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE: John Muir School Garden Project
20 E Main Street Address: 590 Allison St.
Ashland OR 97520 Ashland, OR 97520
(541) 488-5300
FAX: (541) 552-2059 Telephone: 488-0011
Term of this agreement: July 1, 2010 to June 30, 2011
Category amounts of grant: Tourism:
Economic:$1,155
Cultural: $1,155
Sustainabiliiv: $1,190
Budget subcommittee: Economic and Cultural Development
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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.01 0 (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 shali 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 expressiy iimited to the activities in this contract
and per Resolution 2010-06 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 2010-06,
whichever is earlier:
a, Within 90 days of the event completion (Single event applications before June 30, 2011)
b, Or as part of a subsequent application for grant funds from the City, if funding has been
completely used by grantee(Spring of 2011)
c, Or within 90 days of the end of the current budget fiscai year(October 1, 2011)
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 2011-2012.
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 $18,703 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 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 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 reguiations 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 ionger 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 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 iimifed 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 iiability 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 bodiiy 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 shail be brought and conducted solely andexciusively 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
avaiiable 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 o( 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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Data 1t#u.,94 drJlO
CITY OF ASHLAND
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City Represent . e
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By
Date
ASHLAND PUBLIC SCHOOLS
BOARD OF DIRECTORS
o
JULI DI CHlRO
Superintendent
RUTH ALEXANDER
CAROL DAVIS
KEITH MASSIE
HEIDI PARKER
EVA SKURA TOWICZ
JILL TURNER
Business Manager
SAMUEL BOGDANOVE
Director of Student Services
Inspiring Learning for Life
July 6, 2010
To Whom It May Concern:
Jackson County School District No.5 (also known as Ashland Public Schools) is
a tax -exempt organization. The district's federal employer identification number
is 93-6000507.
The schools that comprise Jackson County School District No.5 are:
Bellview Elementary School
Helman Elementary School
Walker Elementary School
Ashland Middle School
Ashland High School
John Muir School
Willow Wind Community Learning Center
..
Sincerely,
/(/ tl
Jill Turner
Business Manager
JT:ac
ADMINISTRA nON BUILDING 885 SISKIYOU BOULEVARD ASHLAND, OREGON 97520 541-482-2811 FAX 541-482-2185
CERTIFICATE OF'COVERAGE
AGENT THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Beecher Carlson Insurance Agency-Medford HOLDER OTHER THAN THOSE PROViDED IN THE COVERAGE
707 Murphy Road DOCUMENT, THIS CERTIFICATE DOES NOT AMEND, EXTEND
Medford. OR 97504 OR ALTER THE COVERAGE AFFORDED BY THE COVERAGE
DOCUMENTS LISTED HEREIN,
NAMED PARTICIPANT COMPANIES AFFORDING COVERAGE
Ashland School District #5 Company A - Property and Casualty Coverage for Education (PACE)
885 Siskiyou Boulevard Company B - Genesis Insurance Company ,
Ashland, OR 97520-2197 Company C - Lexington Insurance Company
CpVERAGES ,
This is to certify that Coverage Documents listed herein have been issued to the Named Participant herein for the Coverage Period indicated.
Notwithstanding any requirement, term or condition of any contract or other document with respect to which the cer@cate may be issued or may pertain,
the coverage afforded by the Coverage Documents listed herein is subjecl to all the terms, conditions and exclusions of such Coverage Documents.
Aggregate Limits which are shown may have been reduced by paid Claims, Suits or Actions. The titles referenced under Type of Coverage are inserted
solelv for convenience of reference and shall not be deemed in an way to limit or affect the orovisions 10 which thev relate.
CO Type of Coverage Coverage Effective Date Expiration Limits
LTR Document # Date
General Liabilitv General Aaareaate $20,000,000
X Commercial General Liabilitv 25P60056-95 Each Occurrence $500,000
A X Public Officials Liability 7/112010 7/1/2011
X Emolovment Prac~ces
X Occurrence
Automobile Liability General AQQreaate $20,000,000
A X Scheduled Autos 25P60056-95 Each.Occurrence $500,000
X Hired Aulas 711/2010 7/1/2011
X Non-Owned Aulas
Auto Phvsical Camaoe General Aoareaate $20,000,000
A Xl Scheduled Autos 25P60056-95 Each Occurrence $SOO,OOO
XI Hired Autos 71112010 7/1/2011
XI Non-Owned Aulos
Excess Liability General AQQreoate $20,000,000
X Commercial General Liabilitv 25P60056-95 Each Occurrence $9,500,000
B X Public Officials Liability 7/112010 7/1/2011
X Emolovment Practices
X Aula Liabilitv
A Property 25P60056-95
C Scheduled Property 7/1/2010 7/1/2011 Total Insured Value $
Certificate Type: Description: The City of Ashland, Oregon, its officers and employees is an additional participant as
respects General Liability when required by written agreement.
- Evidence of Insurance Certificate
_X,- "Additional Participant~ Certificate
Certificate Holder CANCELATION: Should any of the Coverage Documents herein be
r541 1488-5311 cancelled before the expiration date thereof, PACE will endeavor to mail
written notice to the certificate holder named herein, but failure to mall
such notice shall Impose no obligation or liability of any kind upon
City of Ashland PACE. Its agents or representatives, or the issuer of this certificate.
20 East Main Street Authorized Representative: &~ Dvv
Ashland, OR 97520 Dale: 6128/2010