HomeMy WebLinkAbout2007-142 Grant - RVCDC
CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE: RVCDC
20 E Main Street Address: PO Box 1733
Ashland OR 97520 Medford, OR 97501
(541) 488-5300 Telephone: (541)734-2355
FAX: (541) 552-2059
Term of this agreement: July 1, 2007 to June 30, 2008
Amount of grant: $2,500
Budget subcommittee: Economic and Cultural Development
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.
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)
b. As part of a subsequent application for grant funds from the City
c. Within 90 days of the end of the current budget fiscal year, whichever is earlier
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 $17,342 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.
GRANTEE
BY~~~ By
Title J)/rPrJfJr;" fi'ndJ1CP '1 ~5
~ Date
Date -!LN. e:2S; ,4 tJtJ '/
CITY OF ASHLAND
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GALES CREEK INS
FAX No. 503 227 0927
P. 002
ACORD CERTIFICATE OF LIABILITY INSURANCE I DAn; IMMlDDIYYYY)
TM 07/10/2007
PRDDUCER (503)227-0491 FAX (503)227-0927 THIS CERT1FICATl= IS ISSUED AS A MATTER OF INFORMATION
Gales Creek Insurance Services. Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
800 NW 6th, Suite 335 HOLDER. THIS CERTIFICATE DOES.NOT AMEND, EXTEND OR
ALTER THE'COVERAGE A.FFORDED BY THE POLICIES BELOW.
Port. I and, OR 97209
Kim Hutchinson INSURERS AFFORDING COVERAGE NAIC#'
INSURED Rogue Va I ley Commun i LY Development Corp. INSURERI'.: Probui Jders Specialt.y Ins Compar y, RRG"
PO Box 1733 INSUR~R 9: Great, AmerIcan Ins, Co,
Medf'ord, OR 97501 INSURER c: St. Paul Travelers Insurance CO,
INSURER D:
INSUR~R 1".:
COV
THE POLICIES 01= INSURANCE LISTED BELOW HAVE B5F.N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTVIIITHSTANDING
ANY REQU1R EMENT, TeRM OR CONDITION OF ANY CONTRACT OR OTHEoR DOCUMENT WITH RI>SPEoCT TO VllHICH THIS CERTIFICA T5 MAY B5 ISSUE.D OR
MAY PERTAIN, THE INSUR,ANCE 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' TVi>E OP INSURANCE !>olleY NUM~ER FOOllCY EFFliCTIVE POLICY EXPlRA liON LIMITS
Ge:NEI\AL lIAlllUTV RES 5003465 02/24/2007 02/24/2008 !;A,CH OCCURRENCE S 1,000,000
f-
X COMM~RCIAL GENERAL LIABILITY ~~~6~';JO RENTED $ 1,000,000
f- :=J CLAIMS MAP!;, 0 OCCUR
MED EXP IAflY one p.,..on, i 5,000
f-
A PERSONAL & ADV INJURY $ 1,000,000
GENERAlAGGREGAT~ S 2.000,00C
GEN'L AGGREGATE LIMIT APPLlI;:S PER: PRODUCTS, COMPIOP AGG S 1,000,00C
!Xl POLICY n ~~gT n LOC
AUTOMOBILE LIABILITY PAC 537-36-32 02/24/2007 02/24/2008 CDMBINED SINGlLI;: LIMIT
f-- (E~ .oddonl) S 300,00C
ANY AUTO
-
ALL OWN!;D AUTOS ElODrLY INJURY
- (Per pe~on) $
SCHEDULED AUTOS
B X
HIR~D AUTOS 9DDIL Y INJURY
- (Por acoiden\) $
X NON-OWNI;:P .<\UTOS
-
- i'ROPERTY DAMAGE S
{Per sCCldenu
~RAGi= U.<\BILlTY !'UTO ONLY ^ EAACCIDENT $
ANY AUTO OTHER THAN (;A ACC $
AUTO ONLY: .<\GG S
l'.XCJ:SSJlJMBR,!;LLA L1AIlIlllY EACH OCCURRENCE $
~ - OCCUR D CLAIMS MADE AGGREGATE $
Iii
~ DEDUCTIBLE S
RET~NTION $ S
WOR,K,E~ COMPENSATION AND 1.:x<r.~1'i1~-" I \q;r~-
EMPL.OYERS'LIABllITf E.L. EACH .<\COIDENT $
.<\NY PROi'RIETORlPARTNERIEXECUTIVE
OI=I=ICERlMEMBER EXCLUDED? EL DISEASE - EA EMPLOYE~ Iii
~~EC:I~t'P~~~~~;~5 below EL OIS(;ASE - POLICY LIMIT S
01l1ER 104448367 09/07/2006 09/0712007 $1 00 ,000 Li m i t
C Crime Pol icy $ 1,000 Deductible
DESCRIPTION OF $PE~INl; I LOC!,TIONS I VEHICLES I EXCLUSIONS Arpl"D ay ENbOIl.SI!MENT I SPECIAL PROVISIONS
he City 0 As and, t.heir officers. emp oyees and agen~s are Addi~ional Insured.
RE: Jun2 2007 Grant. Award or $2,500.
Ct==RTIFICA TE HOLDER CANCELLATION
SHOULD ANY OF THE ABOIIE DESCRIBED POUCIES BE CAIIICEJ.I.i=D aEFOFU: THI"
Ci~y or Ashland, Oregon EXPIRATION DATE llil;RI>OF, THI'< ISSUING INSURER WILL ENDEAVOR TO MAIl..
Community Development ~ bAYS WRITTEN NOTICE TO lliE CERTIFICATE HOLDER NAMED TO lliE LEFT,
At.t.n : Lee Tuneberg BUT fAII.UR,E TO MAIL SUCH NOTICE SHALL IMPOSE 1110 OBl-lGATION OR LIABILITV
20 East. Main S~reet 01= ANY KIND UPON llie IIIISVRE;R, IT::; AGeNTS OR REPRESENTATIVES.
Ashland, OR 97520 AUlliORI:Z;E;D RI"PReSENTATIVE Kim Hzd~
Kim Hutchinson/KIM
ACORD 25 (2001/08) FAX: (541)488-5311
@ACORD CORPORATION 1988
ORVCDC
-----------
Rogue Valley Community
Development Corporation
PO Box 1733eMedford. OR 97501
T 541 e 734.2355
F 541 e 245.6966
WVvW rvcdc com
rvcdc@grrtech com
Buildmg Homes
Changmg Lives
BOARD
Floyd Pawlowsk!
President
Michael TravIs
Vice President
RaeLynn Barker
Secretary
Clara Rowe
Treasurer
Dona Mitrany
Sargeant at Arms
Fred Berger
Rebecca Brown
Clay Colley
Jahhar Franklin
Sam Fung
Fred Lucas
,Joan Middendorf!
Dwayne Murray
John Statler
EX-OFFICIO
Mary Lee Chnstensen
STAFF
Andrea Miranda
Dlrectol Fmance and
OperatIOns
,John Wheeler
Director. AcquIsitIOns and
ConstructIOn
Roxana Zepeda
Homebuyer Services
Hector Aleman
YouthbUlld Crewleadel
Ralph Monroe
ConstructIOn SuperVisor
Breanna Welburn
Resource Developer
07/10/2007
City of Ashland
20 E Main St
Ashland, OR 97520
Dear City of Ashland,
Thank you for your kind contribution of $2,500 to benefit the Rogue
Valley Y outhbuild program. Our award winning program will continue to
equip extremely low income young adults with the skills needed to find
and keep a job in the construction field, while giving them life skills and
leadership training.
Included is the signed City of Ashland Financial Assistance Award
Contract that you provided. You will be receiving the certificate of
insurance naming the City of Ashland separately, directly from our
Insurance company.
Thank you again for your contribution.
Sincerely,
~~~
Andrea Miranda
Director of Finance and Operations
Rogue Valley CDC
A
ThiS Institution IS an equal opportunity prOVider
(5)
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