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Home My WebLink About2009-165 Grant - Ontrack Inc CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: Ontrack, Inc 20 E Main Street Address: 221 W Main St Ashland OR 97520 Medford, OR 97501 (541) 488-5300 Telephone: 779-5093 . . FAX: (541) 552-2059 Term of this agreement: July 1, 2009 to June 30, 2011 Amount of grant: $3,000 which will be disbursed twice: Once at Julv 1, 2009 and once at Julv 1, 2010 adiusted 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 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 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. 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. I I ,J 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 empioyees. 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 ievels 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 properly, 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 heid 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 inciuding 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 bodiiy 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 shali 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 tt)e State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exciusively 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 appiicable 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. GRANTE~/~./~_ ~ ~ ~ '? BV <""~:.--:- . Title C:::---X ~ /) I. Yr. 7- ?-- J:'- t1'1 CITY OF ASHLAND By ,A< -A-.. ,12 iI Finance Direc " 7~0J Date Date ACORQ. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DOJYYYY) 04/09/2009 P~ODUCER (541)687 2211 FAX (541)344-5894 THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION Smith & Crakes, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.Q. Box.489 ALTER THE COVERAGE AFFORDED BY THE POliCIES BELOW. Eugene, OR 97440 Debbie Light, CI5R INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Great American Insurance Comp OnTrack Inc INSURER B: SAIF Corporation 221 W Main INSURER c: Medford, OR 97501 INSURER 0: I 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 SUC~ POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~~~~ TYPE OF INSURANCE POUCY NUMBER &ZT't~~~ftg1,~~~l b~i~rM~~~6~~.jl~ LIMITS LTR GENERAL LIABILITY PAC6536160 05/01/2009 05/01/2010 EACH OCCURRENCE $ 1,000,000 ~ X COMMERCIAL GENERAL LIABILITY ! PREMISES rEa occurrence} $ 100,000 ~ ~- CLAIMS MADE I}J OCCUR I MED EXP (Anyone person) $ 5,000 A X X Professional Liab PERSONAL & ADV INJURY $ 1,000,000 GENERAl AGGREGATE $ 3,000,000 GEN'l AGG~EnE LIMIT APAS, PER: PRODUCTS - COMP/OP AGG $ 3,000,000 II PRO. POLlCY JEer LOC ~TOMOBILE LIABILITY CAP537426740 05/01/2009 05/01/2010 COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO 1,000,000 X ALL OWNED AUTOS I BODILY INJURY - (Per person) $ A X X- SCHEDULED AUTOS HIRED AUTOS X- I BODILY INJURY $ NON-OWNED AUTOS (Peraccidenl) - PROPERTY DAMAGE $ (Per accident} ~~GE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO QNL Y: AGG $ :=J~SS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE AGGREGATE $ $ =1 ~EOUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION 451050,07/01/2008 07/01/2009 X I T'O~~ U'J,~S I IUd~' AND EMFLOYERS' LIABILITY YIN B ANY PROPRIETORJPARTNERlEXECUTlVD E.L. EACH ACCIDENT $ 500,000 DFFICERlMEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ 500,000 ~~E~~is~~~v~~6~s below . EL. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS AS respects all operations of the insured in accordance with policy terms and conditions. ~he City of Ashland, its officers, and employees are Additional Insureds CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRA Tim DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL City of Ashland IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR FINANCE DEPARTMENT REPRESENTATIVES. 20 East Main Street AUTHORIZED REPRESENTATIVE a~..,.R~~ H'V~+...( As~land, OR 97520 Ronald Crawford, CPCU/DL ACORD 25 (2009/01) FAX: 541.652.2059 @1988-2D09ACORDCORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD