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HomeMy WebLinkAbout2004-127 Grant - Ontrack Inc 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: Ontrack, Inc Address: 221 W. Main Street Medford, OR 97501 Telephone: Date of this agreement: July 1,2004 ¶. Amount of grant:S2040 ¶. 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 $15,964.00 or more, and if the Grantee has ten or more employees, then Grantee is required to pay a liviing 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 tlhis 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 2004-05 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 inelicjibility 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 si,gned 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, ct' 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 By CITY OF ASHLAND Finance Dire (~:~-"" Date Title Account Number (for City use only) Grant Contract 2004-05 City of Ashland LIVING ,2004 le For all hours worked under a service contract between their employer and the City of Ashland if the contract exceeds $15,964 or more. For all hours worked in a month if the employee spends 50% or more of the employee's time in that month working on a project or portion of business of their employer, if the employer has ten or more employees, and has received financial assistance for the project or business from the City of Ashland in excess of $15,964. If their employer is the City of Ashland including the Parks and Recreation Department. In calculating the IMng wage, employers may add the value of health care, retirement, 401K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the employee. Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or, us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF -AS, H LAN D CERTIFICATE OF LIABILITY INSURANCE PRODUCER (541)687-2211 FAX (541)344-5894 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Smith & Crakes, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT' AMEND, EXTEND OR 58 West 11th Ave. ALTER THE COVERAGE AFFORDED BY'THE POLICIES BELOW. P.O. Box 489 Eugene, OR 97440 INSURERS AFFORDING COVERAGE NAIC # INSURED OnTrack, Inc. INSURERA: Great American Insurance Comp 221 W Main INSURERB: Medford, OR 97501 INSURERC: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN( 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !INSR ~,DD'L POLICY EFFECTIVE POLICY EXPIRATION LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY PAC6536160 05/01/2004 05/01/2005 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 PREMIRFR/.F~ onc. HrP. nnP.) I I CLAIMS MADE L~J OCCUR MED EXP (Any on(; person) $ 50,000 A X Professional Liabi PERSONAL&ADVlNJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/DP AGG $ 3 ~ 000,000 I POL,CY r-~PRO- JECT ~ LOC AUTOMOBILE LIABILITY COMBINED SING/.E LIMIT $ X ANY AUTO (La accident) 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS PAC6536160 05/01/2004 05/01/2005 (Per person) A X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ,ACCIDENT $ ANYAUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ [OCCUR ~'~ CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ I RETENTION $ $ WORKERS COMPENSATION AND I WC STATU- OTH- TORY LIMITS., ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDFNT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER EPP5403978 05/01/2004 05/01/2005 $1 000 000 Aggregate Limit Directors & Officers ' ' A Liability;Employment Practices Li DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ~s respects all operations of the insured in accordance with policy terms and conditions. Fhe City of Ashland, its officers, and employees as Additional Insureds ~"',~,~;~ ·: CERTIFICATE HOLDER City of Ashland FINANCE DEPARTMENT 20 East Main Street Ashland, OR 97S20 ACORD 25 (2001108) FAX: (541) 488-5311 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES E;E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATi-' HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR RI=PRESENTATIVES. AUTHORIZED REPRESENTATIVE Elizabeth Ann Winter ©ACORD CORPORATION 1988 CITY OF -ASHL, AND June 23, 2004 Rita Sullivan Ontrack, Inc 221 W. Main Street Medford, OR 97501 Dear Rita, The City of Ashland has determined that the amount of your Social Service grant for the fiscal year 2004-05 is $2040 based upon City policy. The City requires grant recipients to provide a certificate of insurance indicating liability coverage of not less than $500,000.00 per occurrence. The City of Ashland, its officers, and employees should be named as additional insureds. Please note the new Living Wage requirements listed in item number 5 in the Financial Assistance Award Contract. This does not apply to you if your grant is under $15,964.00. Please sign the enclosed contract and return it to the City as soon as possible. Once the contract and current certificate of insurance are on file, payment can be implemented any time after 7/1/04. Sincerely, Lee Tuneberg Finance Director Enclosures Finance Department Tel: 541-488-5300 D.L. Tuneberg, Director Fax: 541-488-5311 ~',~,~ 20 East Main Street TTY: 800-735-2900 Ashland, Oregon 97520 www.ashland.or, us