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HomeMy WebLinkAbout2004-132 Grant - ACCESS 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: ACCESS, Inc. Address: P.O. Box 4666 Medford, OR 97501 Telephone: Date of this agreement: July 1, 2004 ¶. Amount of grant:S5100 ¶. 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 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 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 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, o1' 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 By '/~ ~to-F ' Title Account Number .(for City use only) Grant Contract 2004-05 i'__ACORD. CERTIFICATE PRODUCER Security Insurance - Medford a JBL&K company ~n7 Murphy Road lford OR 97504 OF LIABILITY INSURANC',= I '~CCES-,2 04/19/04 THIS CERTIFICATE IS ISSUED AS A MATTEl=` OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR =none:541-772-1111 Fax:541-494-2737 INSURED ACCESS, INC. ~630 Aviation Way ~edford, OR 97504 ALTER THE COVERAGE AFFORDED BY THF POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: Philadelphia Indemnity Ins Co INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRI TYPE OF INSURANCE POLICY NUMBER L~RI GENERAL LIABILITY Z~__~MMERCIAL GENERAL LIABILITY PHPK0 7 818 7  L~j CLAIMS MADE i~Z--J OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: JECT ~ , AUTOMOBILE LIABILITY ~__~ ANY AUTO _.__ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY __ OCCUR L___] CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER PROPERT~ PHPK078187 POLICY EFFECTIVE DATE (MMIDD/YY} 04/17/04 .,ED 01REC' CE HOLOEE 04/17/04 POLICY EXPIRATION DATE (MM/DD/YY} 04/17/05 04/17/05 LIMIT: EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $ 10 0, 0 0 0 MED EXP (Any one person) $ 5 , 000 PERSONAL & ADV INJURY $ I , 000 , 000 GENERAL AGGREGATE $ 2 , 000, 000 PRODUCTS-COMP/OPAGG $ 2,000, 000 Emp Ben. 100,000 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC AGG EACH OCCURRENCE $ AGGREGATE $ $ $ WC STATU- TORY LIMITS, E.L. EACH ACCIDENT E.L DISEASE- EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ BUILDING SEE SOV DESCR~PT~N~F~PERAT~NS~L~CAT~NSNEH~CLES~E~L~S~NsADDEDBYEND~R~EMENT~PEC~ALPR~I~NS Certificate Holder is Additional Insured as respects insured's their behalf. operations on CERTIFICATE HOLDER Y ADDITIONAL INSURED; INSURER LETTER: __ CANCELLATION City of Ashland, its officers, employees & agents Attn: Kristen Bakke 20 E. Main St. Ashland, OR 97520 1AAAAAA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI~ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S (7~97) ©ACORD CORPORATION 1988 Investing In Our Community , 3630 Aviation Way P.O. B()x 4660 Meclf()rct, OR 97501 June 25,2004 Lee Tuneberg, Director City of Ashland Finance Department 20 East Main Street Ashland, OR 97520 Re: Financial Assistance Award Contract Dear Mr. Tuneberg: Enclosed please find the signed contract between ACCESS, Inc. and the City of Ashland dated July 1, 2004 including the current Certificate of Liability Insurance listing the City of Ashland, its officers, and employees as required. If you need additional information, please don't hesitate to contact me at 774-4328 or Ed Angeletti in the ACCESS Planning Department at 774-4330 or Thank you for your continued support of ACCESS programs serving the citizens of Ashland. Sincerely, Patty ffSlaeys Chief Executive Officer Enclosures Office:(541)779-6691 · Services: 541) 779-9020 · FAX: (541)779-8886 CCB =111194