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HomeMy WebLinkAbout2003-121 Grant - Childrens Dental CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND 20 E Main Street Ashland OR 97520 (541) 488-5300 FAX: (541)488-5311 GRANTEE: Children's Dental Clinic of JC Address: 2825 E. Barnett Rd. Medford, OR 97504 Telephone: Date of this agreement: July 1, 2003 ¶. Amount of grant: $1,750.00 ¶. Budget subcommittee: Social Services Contract made the date specified above between the City of Ashland and Grantee named above. RECITAL: 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. 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. 2. 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. 3. 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. 4. 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. 5. Living Wage Requirements. If the amount of this contract is $15,713.00 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. 6. 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 Grant Contract 2003-04 Page 1 of 3 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. 7. 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. 8. 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, subrogations, 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. 9. 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 City's Risk Manager prior to the expenditure of any grant funds. 10. 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. GRANTEE Title Date CITY OF ASHLAND Finance Date Account Number (for City use only) Grant Contract 2003-04 Page 2 of 3 From: To: Date: Subject: Paul nolte Bryn Morrison 7/9/03 4:46PM Re: Question regarding certificate of insurance Bryn, our liability exposure is quite small for these types of grants. I think we can ignore our insurance requirements this grant. >>> Bryn Morrison 7~9~03 4:39:43 PM >>> Paul, The Children's Dental Clinic of JC does not have general liability insurance, but requires it's dentists to carry $500,000 malpractice insurance. We have granted them money in the past, can we continue? Thanks CHUBB Not For Profit Organization Liability Policy Chubb Group of Insurance Companies 15 Mountain View Road Warren, New Jersey 07059 DECLARATIONS Policy Number 8168-9247 Northwestern Pacific Indemnity Company, a stock insurance company, incorporated under the laws of Oregon, herein called the Company. THIS IS A CLAIMS MADE POLICY. THIS POLICY COVERS ONLY CLAIMS FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD. PLEASE READ CAREFULLY. Item 1. Organization: CHILDREN'S DENTAL CLINIC OF JACKSON COUNTY 2825 BARNETT ROAD Medford, OR 97504 Item 2. Limits of Liability: (A) Each Loss $500,000.00 (B) Each Policy Year $500,000.00 Note that the limits of liability and deductible are reduced or exhausted by Defense Costs. Item 3. Policy Period: From 12:01 a.m. on February 1, 2002 To 12:01 a.m. on February 1, 2003 Local time at the Organization's address Item 4. Deductible Amount: (A) Non-lndemnifiable Loss None (B) Indemnifiable Loss $5,000.00 Item 5. Extended Reporting Period (A) Additional Premium: 1,125.00 (B) Additional Period: 1 year Item 6. Pending or Prior Date: February 1, 2002 Item 7. Termination of Prior Policies: X New Business In witness whereof, the Company issuing this policy has caused this policy to be signed by its authorized officers, but it shall not be valid unless also signed by a duly authorized representative of the Company. NORTHWESTERN PACIFIC INDEMNITY COMPANY Secretary 01/31/02 President Form 14-02-2042 (Ed. 5/96) Page 1 of 10 CHILDREN'S DENTAL CLINIC 2825 East Barnett Road · Medford, Oregon 97504 · 541/608-4249 July 1, 2003 Dear City of Ashland; Please accept my apologies for the late return of enclosed contract. The Children's Dental Clinic is closed for the summer and I check mail and messages about once every 2 weeks. As stated in previous years, the Children's Dental Clinic requires that each of our volunteer dentists carry a minimum of $500,000 in malpractice insurance. Copies of each provider's insurance is kept on file at our clinic. In addition, the Children's Dental Clinic carries a $500,000 policy for Directors and Officers. I am enclosing a copy of that policy. If I can be of further assistance, please do not hesitate to call. Respectfully, Deb Silva, EFDA Clinic Director