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HomeMy WebLinkAbout2009-174 Grant - CASA of Jackson County ...' CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: CASA of Jackson County 20 E Main Street Address: 613 Market St Ashland OR 97520 Medford, OR 97504 (541) 488-5300 Telephone: 734-2272 FAX: (541) 552-2059 Term of this agreement: July 1, 2009 to June 30, 2011 Amount of grant: $2,000 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. Qua'ified Work~. .Grantee has represented; and by. entering into .this contract now represents','. that any personnel assign'ed to the work required under this contract are Jullyqualified 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 Fund~.: 'Any grant funds held by the Grantee remaining :after the purpose:forwhich the grant is awarded; or. this contract:is:.terminated shall be .returned, to: the' City within:30daysof completion or termination. 5. Financia' Re'c~;~s a~d '~spection. '.Grantee shall m~intain ~ ~~~~i~te selof 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. ~ r.,' ". ~. - , 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. Defau't. 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 ineligibie 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 nalure 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. 'nsurance. 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 confiict 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 C'ause, 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 ~~~ Title ~ fL f)! 12 e e To J:. Date (0. L/ -OJ CITY OF ASHLAND By ~ ..:L....- < ~ Finance Director "' ~2-~7 Date . 08/03/2009 MON 08:43 FAX 5418424078 JACKSON CO CASA 14J002 Policy Number S7 -ES-5238-8 DECLARATIONS PAGE COVERAGE SUMMARY JUL 14 200S ~ ~ STATE FARM FIRE AND CASUAL TV COMPANY PO BOX 5000, DUPONT WA 98327-5000 A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS Named Insured and Mailing Address 15.2134-F472I CASA OF JACKSON COUNlY 613 MARKET $T MEDFORD OR ~~~veD JUL 21l0UY BUSINESS POLICY - ~dt~8~~UN1Y Cov A -Inflation Coverage Index: 221.6 Cov B - Consumer Pricelndex: 220,0 AUTOMATIC RIONEWAL -II the POLICY PERIOD is shown as 12 MONTHS, this policy will be renewed automatically subjectlo the premiums, rules and forms he-flect for eacrrsucceedingpolicy periOd. 'f this'policyisterrriinated, wewill .C' give you and the Mortgagee/Lienho'der written notice in comp'iance willi the policy provisions or as required by law. Policy Period; 12 Months The policy period begins and ends at 12:01 am standard time allhe Effective Date: JUN 1 2009 premises location. Expiration Date: JUN 12010 Named Insured: Corporation Location of Covered Premises: 613 MARKET ST MIODFORD OR 97504-6125 Coverages & Property Secticnl. .- .-. -....-- A Buildings B Business Personal Property C Loss of Income - 12 Months Limits of Insurance ,- ',- ',",,~ -'.- .-.c::.'-.-" -,'-,-'.-:.'",------,-,', __ ._~CIJOYnt l'iI Pgm Adm JOB; $ 329,200 $ 35,400 $ Actual loss Cap FR Section II L Business Liability M Medical Payments Products-Completed Operations (PCO) Aggregate General Aggregate (Other Than PCO) . 1,000,000 10,000 2,000,000 2.000,000 Deductibles . Section I $ 500 Basic I Restricted Unrestricted $ Formsj Options, and Endorsements Specia Form 3 Policy Endorsement - Business Amendatory COllapse Fungus (Including MOld) Excl Building Coverage for Tenants Policy IOndorsement- Business Policy Endorsement FP-G' 03 FE-6851 FE.6573.1 FE-6566 FE-6859 FE-6G10 FE-6656 . 'n case of loss under this policy, the deductible will be app'ied to each occurrence and will be deducied from the amount Of the loss. Other deductib'es may apply - refer to policy. Policy Premium $ 714.00 Discounts Applied: Renewal Year Years in Business Claim Record Continued on Reverse Side of Page OTHER LIMITS AND EXCLUSIONS MAY APPLY - REFER TO Y~OllCY Countersigne J By RORY WOLD INSU (541) 773-1404 Prepared JUL 142009 FP-8030.2C 06/1993 Your polley consls1s of this page, any endorsemen1s and the policy form. PLEASE KEEP THESE TOGETHER. JSNO ..20 .:200 '1 Agent (0112172b) 08/03/2009 MON 08:43 FAX 5418424078 JACKSON CO CASA I4J 003 SECTION II ADDITIONAL 'NSURED ENDORSEMENT FE.6609 Page 1 of 1 Policy No.: 97-ES-5238-8 Named Insured: CASA OF JACKSON COUNN 613 MARKET ST MEDFORD OR 97504-6125 n~n ,,,", ~ lI'nWUrl~~ Additio~~llnsured (include ~(j"dress): STATE OF OREGON, DEPARTMENT OF HUMAN SERVICES AND DIVISIONS. OFFICERS AND EMPLOYEES. AS IT . RELATES TO CONTRACT #1Z4703 800 CARDLEY AVE MEDFORD OR 97504.6124 ... .-. .--,.--- -'~",...--'- WHO's AN 'NSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Addfiionallnsured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall. only apply with respect to a claim made or suit brought fot damages for which you are provided coverage. . - '-'.... . . . The Primary Insurance coverage below applies only when there is an "X" in the box. o Primary 'nsurance. The insurance prOVided to the Additional I nsured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respeot to ooverage provided to you. All other provisions of the policy apply. FE.66OS 08/03/2009 MON 08:43 FAX 5418424078 JACKSON CO CASA ADDITIONAL INSURED ENDORSEMENT Managers or Lessors of Premises Policy No.: 97-ES-5238-8 Named Insured: CASA OF JACKSON COUN1Y 613 MARKETST MEDFORD OR 97504-6125 Name of Person Or Organization: JACKSON COUNTY FAIRGROUNDS & EXPOSITION PARI< PO BOX 3635 CENTRAL POINT OR 97502-0025 Designation of Premises: 613 MARKET ST, MEDFORD OR 97504-6125 WHO IS AN INSURED, under SECTION " DESIGNATION OF INSURED, is amended to inclllde as an insured the person or organization shown above, but only with respect to their liability arising out of the ownership, maintenance or use of the premises leased to you and designated above. FE.6494 (5/91) 141 004 FE.6494 (5191) ...... '"~''' A IM'~""".J. This insurance does not apply to: 1 . any occurrence which takes place after you cease to be a tenant in that premises; or 2. structural alterations. new construction or demolition operations performed by or on behalf of the person .or orllanizatfon Shown above,. 08/03/2009 MON 08:44 FAX 5418424078 JACKSON CO CASA ADD'TIONAL INSURED ENDORSEMENT Managers or Lessors of Premises Policy No,: 97-ES-5238-8 Named Insured: CASA OF JACKSON COUNlY 613 MARKET ST MEDFORD OR 97504-6125 Name of Person or Organization: CITY OF ASHLAND 20 E MAIN ST ASHLAND OR 97520-1850 Designation of Premises: 613 MARKET ST, MEDFORD DR 97504-6125 Wtlo IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the person or organization shown above, but only with respect to their liability arising out of the ownership, maintenance or use of the premises leased to you and designated above. FE-Q49~ (5191) .....-.--.-.-.....,.. ....... ,... 141005 FE.6494 (5191) 51.......... A IN"'HINC{. This insurance does not apply to: 1. any occurrence which takes place after you cease to be a tenant in that premises; or 2. structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown agove, .