HomeMy WebLinkAbout2009-115 Grant - Planned Parenthood
CITY OF ASHLAND
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FINANCIAL ASSISTANCE AWARD CONTRACT Yr'
CITY: CITY OF ASHLAND GRANTEE: Planned Parenthood
20 E Main Street Address: 125 S. Central #201
Ashland OR 97520 Medford, OR 97501
(541) 488-5300 Telephone: 773-4224
FAX: (541) 552-2059
Term of this agreement: July 1, 2009 to June 30, 2011
Amount of grant: $4,000 which will be disbursed twice:
Once at July 1, 2009 and once at July 1, 2010 adjusted for inflation.
Budget subcommittee: Social Service Grant
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 thalthe 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 tothe work required under this c'ontractare fully qualified' to p'erform.ttie work
to which the{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 before June 30, 2011)
b. As part of a subsequent application for grant funds from the City, if funding has been
completely used by grantee(Spring 2011)
c. Within 90 days of the end of the current budget fiscal year, whichever is earlier(October 1,
2011)
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.
1 . ~. . . ,*... '. ~ t , '. . ....' . '. ..' . _- '. . - c ...." . . -. :. '.. . ;:.. _' .
4, ul!exp.~.ndEid J=unds ..Ariygrant turds h:e!dbythe:Gr,il,n\ee ren,aiJ1i~gafte( th~,purpose for whiph
!he' grant, IS awardedor!hls ?~ntra.stls.,te,!~:II!}at~d: ;S~a.11 ,~e .re,tYf,r<e,q; t<?t~eC:lty WI!hl~'3.e",?a.Ys.,~f
completion or termination' . -. .. ." ., .... ,.., . ... ...... '.., ,._,. L ... . .-.. -'. 0- ... ,....... ".-,
5;. Fimincial Records illid'lnspection.'Graniee shall maintain. a compiete set 'of books and records
relating to, the purpose for which ttie grant was awarded in. accordance. With genE1r<311{ac.cepted
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 ionger allowabie 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 iiability 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 eve.nt 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.
GR~E
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Title yCt-hI/O N fh- 1M 14-tVl'\-(... (o.fL.
Date DlP I,/) 11)'4
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CITY OF ASHLAND
By.d4J. ""'?--
Finance Director
Date ,:,1/0.9
._~H
A CORDN CERTlFlCA _ . OF LIABILITY lNSURA .CE DATE (MMlDDfYYYY)
. 12/18/2008
-
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Marsh USA, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1166 Avenue of the Americas HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
New York, NY 10036 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
INSURERS AFFORDING COVERAGE NAlC#
INSURED INSURER A: ACE American Insurance Company 22667
PLANNED PARENTHOOD HEALTH SERVICES OF
SOUTHWESTERN OREGON, AN AFFiliATE OF INSURER 8: N/A N/A
PLANNED PARENTHOOD FEDERATION OF AMERICA INSURER c:
125 S. CENTRAL #201
MEDFORD, OR 97501 INSURER 0:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOlWlTHSTANDING 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.
NS ADO TYPE OF INSURANCE OLlCY EFFECTIVE POLICY EXPIRATION UMITS
LTR INSR POLICY NUMBER DATE (MM/DDfY'Y) DATE (MMfDDIYY)
GENERAl.. LIABILITY EACH OCCURRENCE 2 000 00
A X PMI G23857133-002 01/01/09 01/01/10 ~~~~~~:?::~~~ce\ $ 100,00C
COMMERCIAL GENERAL LIABILITY
I CLAIMS MADE 0 OCCUR MED EXP (Arrf one pernon) $ C
X ~IR' !t10n nnn PERSONAL & ADV INJURY $ 2,000,OOC
- GENERAL AGGREGATE $ 4,000,OOC
GENERAl AGGREGATE LIMIT APPlIES PER PRODUCTS. COMPfOP AG $ 4 000 00
I POLICY n j~& rxl LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- ANY AUTO (Ea accident) $
- ALL OWNED AUTOS BODILY INJURY $
-
SCHEDULED AUTOS (per person)
- HIRED AUTOS
BODILY INJURY $
- (per accident)
NON-QWNEO AUTOS
- PROPERTY DAMAGE
- (peraccidenl) $
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
=i ANY AUTO OTHER THAN EAACC $
AUTO ONLY: $
AGG
EXCESSIUMBREUA LIABILITY EACH OCCURRENCE $
tJ OCCUR D CLAIMS MADE AGGREGATE $
$
H OEOUeTlSlE $
RETENTION $ .
WORKERS COMPENSATION AND I we STATU- I IOTH-
EMPLOYERS' LIABILITY $
.L EACH ACCIDENT
ANY PROPRIETOR/PARTNERlEXECUTIVE $
OFFICER/MEMBER EXCLUDED? .L DISEASE - EA EMPLOYE
If yes. describe under .L DISEASE. POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATlONS/LOCATlONSIVEHICLESlEXCWSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: PLANNED PARENTHOOD'S TEENS THEATER PROGRAM PERFORMS AT VARIOUS LOCALES THROUGHOUT THE CITY OF ASHLAND.
CITY OF ASHLAND, ITS OFFICERS AND EMPLOYEES ARE
CERTIFICATE HOLDER
NYC-003078 781-0 7
CANCELlATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF ASHLAND EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL
ATTN: LEE TUNEBERG ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
20 EAST MAIN ST.
ASHLAND, OR 97520 BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND
UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
"g,T~~~llr~SE~TATIVE C-L--.-.:.. /~ "--P
Chris Kakel
ACORD 25 (2001/08)
o ACORD CORPORATION 1988