HomeMy WebLinkAbout2011-166 Grant - St Vincent De Paul JUL-19-2011 22:52 FROM:ST UINCENT DE PAUL 5417726886 TO:5414885311 P.4/5
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CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY. CITY OF ASHLAND GRANTEE: SL Vincent De Paua
20 E Main Street Address: 2424 N:Pacific Highway
Ashland OR 97520 Medford, OR Rich
(541)490-5300 Telephone: (541)770.8062
FAX (541) 552-2059
Term of this agremen Juty 1, 2611 to June 30, 2013
Amount of gram: 5,000 iNhich will be d'sbrue twice;
Once at Jul 1 2011 an one at Jul 1. 2012 ed us for inflation.
13udget 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 279A.010 (i) (A) (il)) is not a public contract for purposes of ORS 279 A-C_ ORS
279ADID(x).
City anti 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 shag be utilized or contractually committed in the fiscal year for what they are awarded.
2. Quallfied 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-Eke manner and, if required to be registered,
Ecensed or bonded by the State of Oregon, are so registered, licensed and bonded. Grantee must
also rnatrMain 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.
The grantee agrees to incorporate within any printed or electronic notices or advertisements the
following wording whenever possible: "This program is funded, in part, by the taxpayers of Ashland
Grantee will report in writing on the use and effect of granted monies compared to the original request
(as modifled) per.the following.
a. Within 90 days of the event completion (Single event applications before June 30.2013)
b. As part of a subsequent application for gram funds from the City, if funding has been
completely used by grantee(Spring 2013)
c_ Within 90 days of the end of the current budget fiscal year,whichever is earler(October
1, 2013)
Grant applicants awarded less then $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 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 and records
relating to the purpose for the to accordance with generally ecoepled
noaoun p'r>n p es. rantee gives the City and any authorized representative of the City access to
and the right to examine an books, records, papers or documents relating to the use of grant fiords.
JUL-19-2011 22:51 FROM:ST UINCENT DE PAUL 5417726886 TO:5414885311 P.3/5
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0, Living Wage Requirements. If the amount of this contract Is $38,890 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 be terminated at any time by mutual consent of both
parties.
b. Cltys 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 of modify this contract, in whole or in part, effacfive upon
delivery of written notice to Grantee, or at such beer 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.
S. Default If Grantee We 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 data of this contraQ 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 shell immediately return all unexpended and unencumbered grant funds.
In addition, City shall be entitled to recover any administrative costs, including adomey 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.
e. Amendments. The terms of this contract will not be waived, altered, modified, supplemented, or
emended 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 tram 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 more is from the date of
this agreement, maintain in force a comprehensive general liabOlty policy including coverage for
contractual liability for obligations assumed under this Contract, blanket contractual liability,
products and completed operations,and owners and contractors protective insurance. The
liability under each policy shall be a minimum of$500,000 per occurrence(combined single limit
JUL-19-2011 22:52' FROM:ST VINCENT DE PAUL 5417726886 TO:5414885311 P.5'5
for bodily injury and property damage claims)or$500,000 per occurrence far bodily Injury and
$100,000 per occurrence for property damagc. 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 shoo be filed with
the City's Risk Manager or Finance Director prior to the expendidture 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. Gramee 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 or City shall be void. Grantee shall be fully responsible for the acts or
omissions or any assigns or subcontractors and of aft persons employed by them, and the
approval by City of any assignment or subcontract shalt 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
undor standings, agreements or representations, oral or written, not spectfled 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 shaft 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 delm,action, suit or proceeding (collectively, "the claim' between
the City(and/or any other or depertrnent of the State of Oregon)and the Grantee that arises from
or relates to this contract shaft 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 exdusivey 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 at 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. Nonapproprtationa 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 a6ow City In the exercise of its reasonable
adrrdnistretive discretion, to continue to make payments under this contract. In the event City has
Insufflolent appropriations, limitations or other expenditure authority, City may terminate this contract
without penally or liability to City, effective upon the delivery of written notice be Grantee, with no
further liability to Grantee.
16.Non4wacrimination. Grontca shall comply witn all applicable federal, stale and local laws, rules,
and regulations on nondiscrimination because of race, color, ancestry, national origin, religion, sex,
marital status, sexual crientatio\n, age, medical condition,or disability.
GRANTEE ������� ,/ CITY OF ASHLAND
ByWrar,T�r�bck6 �/` By
Title //.;;u Finance Director
Date 7 '�7` / Data ��/
CERTIFICATE OF LIABILITY INSURANCE DATE(MM OD YYYn
`..�' 7/18/2011
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 CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER NAME: Sandy Orr
Beecher Carlson Insurance Agency IMC AICaNO E : (541)772-1111 FAC No: (541)772-3785
707 Murphy Rd no aIESS :sandy.orr @beechercarlson.com
PRODUCER p0123073
CUSTOMER ID r.
Medford OR 97504 INSURER(S)AFFORDING COVERAGE NAIC0
INSURED INSURERA:Philadel hia Indemnity Ins Co 18058
INSURERS:
Rogue Valley District Council St Vincent INSURERC:
de Paul Society
INSURERD:
PO Box 1663
INSURERE
Medford OR 97501 INSURER F:
COVERAGES CERTIFICATE NUMBER:2011-12 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 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 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
WSR ADM SUER LLTR TYPE OF INSURANCE POLICY NUMBER MMIW MMIICYEXP LIMITS imma
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
X COMMERCNL GENERPL LWBILITY PREMISES Ea pmineme $ 100,000
A CLAIMSMPDE IOCCUR X PHPK746503 7/1/2011 7/1/2012 MED EXP(Any one person) $ 5,000
PERSONAL 8 ADV IN,URY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000
X1 POLICY PRO LOC Sexual Misconduct LIWIty $ Included
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
I MY AUTO (Ea amiderf)A ALL ORNED AUTOS PHPK746503 7/1/2011 7/1/2012 BODILY INJURY(Per person) $
BODILY INJURY(Per eo,Aem) $
SCHEDULEDAUTOS PROPERTY DAMAGE
HIRED AUTOS (Perecadenn $
NON-OMEDAUTOS - PIP-Basic $
$
X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 1,000,000
EXCESS LIAR CLAIMSMADE AGGREGATE $ 1,000,000
DEDUCTIBLE $
A X RETENTION f 10,000 IPHUB352676 7/1/2011 7/1/2012 f
WORKERS COMPENSATION `AC STATUY OTH-
AND EMPLOYERS'LIABILITY YIN I 1R
ANY PROFRIETORPARTNEREXEDJTIVE E.L.EACH ACCIDENT $
OFFICERMEMBER EXCLUDED? NIA
(Mandatory In NH) E,L,DISEASE-EA EMPLOYE $
If yes,describe under
DESCRIPTION OF OPERATIONS bebw E,L.DISEASE-POLICY LIMIT $
DESCRPTON OF OPERATIONS I LOCATIONS I VEHICLES (Aeach ACORD 101,AddAtonal Remarks Schedule,If more space Ia raqulnd)
The City of Ashland, its officers, officials, agents, volunteers and ernployees are additional insureds 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 POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS.
20 E Main Street
Ashland, OR 97502 AUTHORIZED REPRESENTATIVE
iMike Mastroni/SANDOR
ACORD 25(2009109) e01988-2009 ACORD CORPORATION. All rights reserved.
INS025(200909) The ACORD name and logo are registered marks of ACORD
-19-2011 22:51 FROM:ST VINCENT DE PRUL 5417726886 TO:5414885311 P. 1/5
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x° Society of St. Vincent de Paul
F a Rogue Valley Council
ve 2424 N. Pacific Highway
PO Box 1663
Medford, OR 97501
541.772-3828
.'19.P6. FAX: 541-772-6886
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