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HomeMy WebLinkAbout2009-105 Grant - Thrive CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE' Thrive 20 E Main Street Address: 340 A SI. Suite 205 Ashland OR 97520 Ashland, OR 97520 (541) 488-5300 FAX: (541) 552-2059 . Telephone: (541 )488-7272 Term of this agreement: July 1, 2009 to June 30, 2010 Category amounts of grant: Tourism: $0 Economic: $18,000 Cultural: $0 Budget subcommittee: Economic and Cultural Development Contract made the date specified above between the City of Ashland and Grantee named above. RECITALS: City grants the identified amount for the stated purpose above. This Grant agreement (ORS 279A010 (i) (A) (ii)) is not a public contract for purposes of ORS 279 A-C. ORS 279A010 (x). City and Grantee agree: '" /,- c. .- 1. Amount" Of Grant. Subj~C:t to the terms and conditions-of this contract,lhe:C.ity agrees to_;pr~vid,"- funds.in the amount-specified above. Grant funds shall be utilized or contractually committed in the fiscalyear for \Nhatthey'are aY:'~rd_~~_ . ... :-: ..' ~-, : .-.' :',,' ;il~" 'J:; t :..,' .' .~. J<. ...... .., ",:..J ,:< .; ~'. "':<~'~; ~:,~': .,'i;~ 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 this contract and per Resolution 2008-35 with modifications, if any, made by the budget subcommittee designated above or City Council. Grantee will report in writing .on the use and effect of granted monies per Resolution 2008-35, whichever is earlier: . a. Within 90 days of the event completion (Single event applications before June 30, 2010) b. Or as part of a subsequent application for grant funds from the City, if funding has been completely used by grantee(Spring of 201 0) c. Or within 90 days of the end of the current budget fiscal year(October 1,2010) If Grantee intends on applying for subsequent grant funds through the City arid has not fully used the previous year's funds, the Grantee must provide a memo acknowledging that as part of the application proc~ssin.FY2010-2011-. . ..,.ii"':~'.- '~.;."~' ': "'i,_ . -, . \:)" .. :.;...... :... . <'.;.' _I' ..;' !...: . J. .-:,.: _ 'I.c r,- ',';.:','....: .,..:.' ,'" : -;' , ; ::. " . J If<3r~n_teeis awarded $,~,0992r ",9,re in Tourism qualifying funds, they must report statistical data on ;the .impact of thesegral1t.funds~.'!'. ..; . ...... ..' .. '-';.'.: "', ....,. :':":""'7 (:" ,i. 1;':';..; ."';.',; ".["t-""" . . ," ....~;. "_ ':.' _:~.:; ,:""",,(:,~'_' ,,_ 1"- ,.. ,.... , ",".., : :..:..,,-~., .....~ ..'r..:.:.;:~:-._';'.:;:.; (;..:t!..;::(.~-~: y ~,~:; All other Grantees are.encouraged.to submit statistical data ori the'lmpact,of-.the grant fundsby;,t~e category in which they were funded (Tourism, Economic, or Cultural Development). 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 $18,088 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 federai 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. CITY OF ASHLAND c, By By ~ .:J.. - . ~ He}=-. Finance Director Title ;'<€-~ Date 7/1,1 01 Date ~ ACORD" . I DATE (MMJDD1YYYY) ~ CERTIFICATE OF LIABILITY INSURANCE 6/24/2009 PRODUCER (541)772-1111 FAX: (541) 772-3785 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Beecher Carlson Insurance Agency LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 707 Murphy Rd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford OR 97504 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:American Hallmark Ins Co of 43494 The Rogue Initiative for a Vital Economy lNSURERB:Farmington Casualty Co. dba: THRIVE INSURER c: 340 A Street, Suite 205 INSURER 0: Ashland I OR 97520 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. I~;: ~~~.~: ~DD n. , I POLICY NUMBER ~P}JCY EFFECTIVE POLICY EXPIRATION LIMITS ~NERAl LIABILITY I EACH OCCURRENCE . 500,000 DAMAGE TO-RENTED X COMMERCIAL GENERAL LIABILITY ~lSESJ~QC_c;u~ence . 100.000 A I CLAIMS MADE W OCCUR 44-MG-43321B-OS 7/15/2009 7/15/2010 MED EXP (Anyone person) . Excluded - PERSONAL & ADV INJURY . 500.000 - GENERAL AGGREGATE . 1.000.000 -ilN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG . Included X POLICY n ~!WT n LOC ~TO"OBllE LIABILITY COMBINED SINGLE LIMIT . - ANY AUTO (Ea accident) - ALL OWNED AUTOS BODILY INJURY . SCHEDULED AUTOS (Per person) - - HIRED AUTOS BODILY INJURY . - NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE . (Per accident) RRAGE LIABILITY AUTO ONLY. EA ACCIDENT , ANY AUTO OTHER THAN EA ACC . AUTO ONLY: AGG . ~"'-'"~ EACH OCCURRENCE . OCCUR D CLAIMS MADE AGGREGATE . . DEDUCTIBLE . RETENTION $ . B WORKERS COMPENSATION ~IFUB76117L89209 6/28/2009 6/28/2010 ~T~C STATU- ~H- AND EMPLOYERS' LIABIliTY VIN TOBY.lIMlTS R ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT , 500,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE. EA EMPLOYEE $ 500,000 ~~~~~~:~Vl~1~~s below E.L. DISEASE - POLICY LIMIT I $ 500 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is additional insured when required by written contract or agreement as respects to Liability arising from operations of insured on their behalf as per attached form #MP9S38 (03/05l. Coverage is subject to the policy terms, conditions and exclusions. (Add'l insd does not apply to the Workers Comp policy) CERTIFICATE HOLDER 552-2059 City of Ashland Ita officers and employees Finance Dept. 20 East Main Street Ashland, OR 97520 CANCELLATION SHOULD ANY OFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE FICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL ACORD 25 (2009/01) INS025 (200901) @19 The ACORD name and logo are registered ma :J 8-2009 ACORD CORPORATION. All rights reserved. of ACORD . POLICY NUMBER: #4,H,1:;-433218-0S COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization (referred to below as Additional Insured) whom you are required to add as an additional insured on this policy under: 1. A written contract or agreement; and 2. Where a certificate of insurance showing that person or organization as an additional insured has been issued; and 3. When the written contract or agreement and the certificate of insurance are currently in effect or becoming in effect during the term of the policy and executed prior to the "bodily injury," "property damage" or "personal and advertising injury." B. The insurance provided to the Additionallnsured(s) is limited as follows: 1. The Additionallnsured(s) is only an additional insured for: a. "Bodily injury," "property damage" or "personal and advertising injury" caused in whole or in part by negligent acts or omissions of the Named Insured or anyone directly or indirectly employed by the Named Insured or for whose acts a Named Insured may be liable. b. Liability arising out of your ongoing operations for the Additional Insured(s) by or for you. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. 2. The Limits of Insurance applicable to the Additional Insured(s) are those specified in the written contract or agreement but not more than the Limits of Insurance specified in the Declarations of this policy. The Limits of Insurance applicable to the Additionallnsured(s) are inclusive of and not in addition to the Limits of Insurance shown in the Declarations for the Named Insured. C. In addition to the other exclusions applicable to Coverages A, B, and C, the insurance provided to the Additionallnsured(s) does not apply to: 1. "Property damage" to: a. Property owned, used, occupied by, loaned or rented to the Additionallnsured(s); b. Property in the care, custody or control of the Additionallnsured(s) or over which the Additional Insured(s) are for any purpose exercising physical control; or c. "Your work" performed for the Additionallnsured(s). 2. "Bodily injury," "property damage" or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering or failure to render any professional services for you, for the Additionallnsured(s) or for others, including, but not limited to: a. The preparing, approving or failure to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or b. Supervisory, inspection or engineering services. 3. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the sUe of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. MP 95 38 03 05 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1