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Home My WebLink About2009-176 Grant - WinterSpring Center FROM :Winter5pring FAX NO. :541 552 0622 Jul. 302009 05:10PM P2 CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: WinterSpring Center Transforming Grief 20 E Main Street Loss Ashland OR 97520 Address: PO Box 8169 (541) 488-5300 Medford, OR 97501 FAX: (541) 552.2059 Telephone: 552-0621 Ter.m of this agreement July 1, 2009 to June 30,2011 , Amount of grant $1,350 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 Sta.te 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. ~. Flnancia' Records and Inspection. Grantee shall maintain a complete set of books and records relating to the purpose for which the grant was awarded in a=rdance with generally accepted accounting principles_ Grantee gives the City and any authorized representative of the City access to and the right to examine all oooks, records, papers or documents relating to the use of grant funds. , . . . , . . ""...,'., . . . . . .' IIVII""""""", ,,,"i" """moo snail'lmmedlaleiy retum all unexpendea ana unencumoerea gram TUnas. 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 gene rai liability policy including coverage for contractuai liability for obligations assumed under this Contract, blanket contractual liability, FROM :Winter5pring , FAX NO. :541 552 0622 Jul. 30 2009 05:11PM P3 products ang completed operations, and owner's and contractor's protective insurance. The . liability under ea.ch policy shall be a minimum of $500,000 per occurrence (combined single limit for bOdily injury and property damage ciaims) 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 Ashiand, 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. Assignm'ent 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 subc:ontractor and City. 13. Merger. This contract const~utes 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 c:ontract 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, su~ or proceeding (collectively, "the claim") between the City (and/or any other Dr 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 soiely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon, Contractor, by the signatUre hereinof.its authorized representative, Iiereby 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 defens.e or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 15. Nonappropi'iations C'ause. Funds Available and Authorized: City has sufficient funds currentiy available and 'authorized for expenditure to finance the costs of this c:ontract within the .City'sfiscal 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 otlier 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.Discrimlnat'on, Grantee shall comply with all applicable federal, state and local laws, rules, . and reguiations on nondiscrimination because of race, color, ancestry, national origin, religion, sex, marital status, sexual orientation, age, medical condition, or disability. By CITY OF ASHLAND BY,d;;(~' ...~. ~ Finance Directo Title r Date '6~z../u7 Date ----- ~ DATE {MMfDDNYYY} ~RD" ,CERTIFICATE OF LIABILITY INSURANCE OPID K9 I 06/11/09 WINTE-A PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Western States - Ashland HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 38 N. Central Aver Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford OR 97501 Phone: 541-779-1321 Fax:541-779-9187 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Atlantic Casualty INSURER B: Winters~ring rnc INSURER c: PO Box 169 INSURER 0: Medford OR 97504 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 SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE I POLlCY NUMBER ~~~~66~\ ~~fbL;iM~~~ LIMITS ~NERAL LIABILITY EACH OCCURRENCE , 1000000 A X COMMERCIAL GENERAL L1ABILllY M071000279-2 01/11/09 01/11/10 PREMISeS 'Ea occurem:e1 , 100000 l CLAIMS MADE ~ OCCUR MED EXP (Anyone person) , 5000 PERSONAL & ADV INJURY ,1000000 - GENERAL AGGREGATE '1000000 ~'L AGGREGATE LIMIT An~ PER; PRODUCTS - COMPIOP AGG $ Incl uded nPRO. POLICY JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE UMlT , ANY AUTO (Eaaccident) - - ALL OWNED AUTOS BODILY INJURY (Per person) , - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY , NON..QWNED AUTOS {Per accident) - PROPERlY DAMAGE , (Per accident) ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT , ANY AUTO OTHER THAN EAACC , AUTO ONLY: AGG , ~""_O"'~"~ EACH OCCURRENCE , OCCUR D CLAIMS MADE AGGREGATE , , DEDUCTIBLE . , RETENTION $ I , I WORKERS COMPENSATION I I TORYLIMIT" I I O~R AND EMPLOYERS' LIABILITY Y! N ANY PROPRIETORIPARTNERlEXECUT E,L EACH ACCIDENT , OFFICERlMEMBER EXCLUDED? U E.L DISEASE. EA EMPLOYES $ (M3ndalory in NH) I IIf ~es. describe under E.L DISEAse. POUCY UMIT I $ S EC1AL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAl PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO 1HE lEFT, BUT FAILURE TO DO SO SHALL City of Ashland IMPOSE NO OBLIGATION OR L1ABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Finance Department REPRESENTATIVES. 20 E Main Street AUTHO~~PRE~~ATW~ .L Ashland OR 97520 ACORD 25 (2009/01) @1988-2009ACORDCORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD