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Home My WebLink About2011-258 Grant - Mediation Works CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: Mediation Works, A Community 20 E Main Street Dispute Resolution Center Ashland OR 97520 Address: 33 N. Central Ave.,Suite 219 (541)488-5300 Medford, OR Cameron ,FAX: (541) 552-2059 Telephone: (541) 770-2468 Term of this agreement: July 1, 2011 to June 30, 2013 Amount of grant: $1,000 which will be disbursed twice: Once at July 1, 2011 and once at July 1, 2012 adjusted 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 279A.010 (i) (A) (ii)) is not a public contract for purposes of ORS 279 A-C. ORS 279A.010 (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. 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 modified) 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 grant 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 earlier(October 1, 2013) 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 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 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 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 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 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$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 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. GRAN7f CITY OFpASHLAND ✓( By I � By / /)/h Finance rector Title �J 'l � Date /fl�s LZ6 Date Sep 29 11 08:46a JON SNOWDEN STATE FARM 5414824957 p.2 CERTIFICATE OF INSURANCE o This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois t ❑ STATE FARM FIRE AND CASUALTY COMPANY, Aurora, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY,Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas,Texas insures the following policyholder for the coverages indicated below: Policyholder MEDIATION WORKS, A CObMNITY DISPU^E RESOLUTION CENTER Address of policyholder 33 N CENTRAL AVE STE 219 MEDFORD, OR 97501 Location of operations same as above Description of operations BUSINESS OFFICE POLICY The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms,exclusions, and conditions of those policies.The limits of liability shown may have been reduced by any paid claims. POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date (at beginning of policy period) Comprehensive BODILY INJURY AND 97-13G-9222-E Business Liability 03/31/2011 I C3/3_/2012 PROPERTY DAMAGE --- ----- - ------- This insurance includes: ❑Products-Completed Operations ❑ Contractual Liability Each Occurrence $1,C00,OCO ❑ Personal Injury ❑Advertising Injury General Aggregate $ 2,COO,DOO ❑ Products-Completed $ ❑ Operations Aggregate POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date ; Expiration Date (Combined Single Limit) ❑ Umbrella Each Occurrence $ ❑Other Aggregate $ POLICY PERIOD Part I -Workers Compensation - Statutory Effective Date Expiration Date Workers' Compensation Part ll-Employers Liability and Employers Liability Each Accident $ Disease-Each Employee $ Disease- Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date (at beginning of policy period) 97-BG-9222-6 U140C - C3/31/2011 03/31/29-2 $-10031000 PS0000003020502 Prof Liab--li:y 11101/2010 11/01/2911 $1,007, 000 THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certificate Holder If any of the described policies are canceled before CITY OF ASHLANC ITS OFFICERS, their expiration dale,Slate Farm will try to mail a EMPLOYEES 6 AGENTS written notice to the Certificate holder 30 days before 2C E MAIN ST - cancellation. If however,we fail to mail such notice, ASHLAND OR 97520-1850 - no obligation or liability will be imposed on State Farts 0 or pres nil ve . ,/ V S' natur el fAUthorizetl rase tativ ENT ' 09/29/2011 Tolle Date Son Snowden Agent Name Telephone Number (541) 402-2461 Agent's Code Stamp Agent Code 9A13 AFC Code F473 558-994a6 Rintedin U.S.A. Rev.95-09-2W6 Sep 29 11 08:46a JON SNOWDEN STATE FARM 5414824957 p.3 Apr. 5. 2011 12:49PM No. 2938 P. 3 Policy Number DECLARATIONS PAGE COVERAGE SUMMARY 97 BG-9222.6 STATE FARM FIRE AND CASUALTY COMPANY APR 4 2011 L 1 PO BOX 5000, DUPONT WA 98327-5000 A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON,ILLINOIS Named Insured marl Railing Address 15.9At 3-F473 I MEDIATION WORKS,A COMMUNITY DISPUTE RESOLUTION CENTER 33 N CENTRAL AVE STE 219 MEDFORD OR 97501.5939 Cov A-Inflation Coverage Index:N/A BUSINESS POLICY-SPECIAL FORM 3 Cov e-Consumer Price-Index:220.0 AUTOMATIC RENEWAL - If the POLICY PERIOD is shown as 12 MONTHS, this pot will be renewed automatically sybrd to the remiums, rules and t rms m effect for each sugceedn�Do ficy aeiy Hf s policy is terminated,we vnll f gry you and tPie Mortgagee/Lrenhok er written notice in compliance% the oiicy prtrvis ns cr as required by law. Policy Period: 12 Months The policy period begins and ends at 12:01 am standard time at the Effective Date: MAR 312011 premises location. 1 Expiration Date: MAR 31 2012 Named Insured: Corporation I Location of Covered Premises: 33 N CENTRAL AVE STE 219 MEDFORD OR 97501-5939 Coverages & Property Limits of Insurance Section I A Buildings Excluded B Business Personal Property $ 28 600 C Loss of Income- 12 Months $ Actual toss Section n Deductibles-Section I L Business Liability 1,000,000 M Medical Payments 5,Q00 $ 500 Basic ProduCls-CompletOd Operations Excluded (PCO)Aggregate General Aggregate(Other S 2,000,000 Than Pt In case of loss under this policy, the deductible will be applied to each occurrence and unit be deducted from the amount of the toss. Other deductibles may apply- refer to Policy Premium $ 375.00 1 Forms, Options,and Endorsements Minimum Premium Special Form 3 FP-6103 Policy Endorsement-Business FE-6851 Discounts Applied: Amendatory Collapse FE-6573.1 Renewal Year Fungus(Inducting Mold)Excl FE$566 Years in Business Building Coverage for Tenants FE-6859 Claim Record Policy Endorsement-Business FE-6610 Policy Endorsement FE-6656 Continued on Reverse Side of Page OTHER LadrrS AND EXCLUSIONS MAYAPPLY-REF RTO RPOLICY Prepared APR 04 2011 Coun ned FP 80302C MtTM By SAgent D611993 JONS14OWDEMq Your poeey consisIs or this paye,any endorsement and the policy term.PLEASE KEEP THESE TOGETHER. tntr2trm) Sep 29 11 08:46a JON SNOWDEN STATE FARM 5414824957 p.4 Apr. 5. 2011 12 53P No. 2939 P. 2 i I Policy Number 97-BG-9222-6 CONTINUED FROM FRONT SIDE i i BUSINESS POLICY-SPECIAL FORM 3 Forms,0 tions,and m Endorseerrts ProducMeralions Liab Excl FE-6312 Amendatory Endorsement FE 6237.1 Inc Cost and Demolition Cov FE-6587 Business Policy EncWsement FE-6464 Terrorism Insurance Gov Notice FE-6999.1 Personal Injury Exclusion FE-6346 Dist Mat Violet Statues Excl FE-6655 Subcontractor Pd Exclusion FE-6598 Designated Premises Limitation FE-6351 Tree Debris Removal FE-6451 Mandatory Reporing Endorsement FE-5801 Registered Domestic Partnrstdp FE-6858 Advert singp Injury Excl FE-6345 Glass Deducti* Deletion FE-6538.1 Section 11 Additional Insured FE-6609 Additional Insured Endorsement FE-6494 Prepared APR 04 2011 laltdl7sa) 1 Sep 29 11 08:47a JON SNOWDEN STATE FARM 5414824957 p.5 Aar. i. 2 0II 12:01RM No. 2938 P. 4 I ' FE-G60B iSECTION II ADDITIONAL INSURED ENDORSEMENT Page 1 M t I Policy No.: 97-BG-9222-8 Named Insured MEDIATION WORKS A COMMUNITY .�.. DISPUTE RESOLUTIbN CENTER 33 N CENTRAL AVE STE 219 MEDFORD OR 97501-5939 Additional insured(include address): CITY OF ASHLAND ITS OFFICERS, EMPLOYEES&AGENTS i 20 E MAIN ST ASHLAND OR 9752D-1850 I r WHO IS AN INSURED, under SECTION 11 DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that bability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shalt only apply with respect to a claim made or suit brought for damages for which you are provided coverage. The Primary insurance coverage below applies only when there is an"X'In the box. ❑ Primary Insurance.The Insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Inured shall be noneontributory wAh respect to coverage provided to you. All other provisions of the policy apply. FE-66M I i