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HomeMy WebLinkAbout2012-308 Agrmt - Jackson County - Project No 2862 ♦ s FUNDING AGREEMENT Terms and Conditions for Jackson County Funding for: Ashland Firewise Communities Recognition Program Public Law 110-343, Title III Recipient Name: City of Ashland - Fire & Rescue OFFICE USE ONLY Dept. Contact Person: Chris Chambers Title III Category: 1 Address: 455 Siskiyou Blvd., Ashland, OR 97520 Amount of Award: $46,099 Phone (541) 552-2066 Fax (541) 488-5318 E-mail: chamberc0lashland.onus Term of this Agreement: 7/1/12 to 6/30/13 Business License # Business License # PROJECT 2862 State Business Registry # Tax Identification Business type: _ 501 C3 _ LLC Pmtnership -Other A. Preamble: Financing for this project is subject to the availability of federal funding. The Parties understand that continued federal funding for this grant depends on demonstration that the project is successfully implemented and satisfies the applicable purposes set forth in PL 110-343. The following description of the project may be general in nature. The Parties may request to make adjustments to the Project in order to better accomplish the nature and purposes set forth in PI 110-343. Such requests will be subject to approval by Jackson County. B. Definitions: 1) "BoC" means Jackson County Board of Commissioners. 2) "Department" means Department of Economic and Special Development. 3) "Parties" means Jackson County and Recipient. 4) "Project" means subject matter for which Recipient is receiving funds. 5) "Project Manager" means that person which is responsible for administering the County's Title Ill program. 6) "Recipient" means person or entity receiving Title III funds pursuant to terms of this Agreement. C. Funding Objectives: 1) To establish and conduct programs that further the intent and purpose of Public Law 1 10- 343. 2) To achieve project as described in Exhibit A, herein attached and incorporated by reference. D. Funding Outcomes: FUNDING AGREEMENT - Page 1 1) See Exhibit A. E. Funding Conditions: I) The Recipient may use the grant funds only to meet objectives established under PL 110- 343 and those elections made by Jackson County Board of Commissioners for Title III projects, Order 90-12. 2) Any change or adjustment to the Project (excluding changes that increase the budget total for the Project, which will always require BoC approval), or any change or adjustment to the budget of greater than 10% of a major budget category as described in Appendix A, shall be submitted in writing and approved by the Project Manager. If the Project Manager determines the proposed change materially alters the project, a contract amendment shall be required for the change to become effective. 3) Any monies Recipient has.expended between July 1, 2012 and the date of execution of this Agreement and which would otherwise be authorized expenses that are reflected in preparation for and/or provided services applicable to this Agreement will be reimbursed under this Agreement. 4) Unless otherwise provided, all unexpended funds and/or property existing at the end of the tern of this Agreement will be returned to the County. F. Payment of Funds: By accepting these funds, Recipient acknowledges and certifies that . Recipient is aware it is receiving federal funds which are subject to Single Audit requirements if the dollar threshold is met as provided.under: U.S. Office of Management & Budget (OMB) Circular A-133, Audits of State, Local Government, & Non Profit Organizations. (The circular ) can be obtained from www whitchousc egy/Qmb/cicutnrs 1) The Project Account Number, stated on Page 1, shall be referenced on all correspondence including, but not limited to invoices and progress reports. Correspondence or other documents without this identification will be returned and invoices unpaid. 2) The Recipient shall submit invoices, together with progress reports, to the project account number by delivery to the Department of Economic and Special Development (the "Department"). These invoices shall reflect services for the quarter ending September 30, December 31, March 31, and June 30, and shall be due for such services within thirty (30) days of each respective date. Applicant may submit invoices monthly, but those invoices coinciding with the end of the quarter shall be accompanied by progress reports. If no activity has occurred during the quarter, applicant shall notify the Project Manager in writing. 3) The invoices shall describe all services performed with particularity, by whom and on the date it was performed, the number of hours spent performing such work, and shall itemize and explain all expenses for which reimbursement is claimed. Invoices shall be sent to the Department with the progress report attached. 4) The Department shall reimburse project expenses upon approval of invoices. 5) Notwithstanding any of the above, Recipient shall maintain all fiscal records relating to this Agreement in accordance with generally accepted accounting principles, and federal circulars (as applicable), In addition, Recipient shall maintain any other records pertinent to this contract in such a manner as to clearly document Recipient's performance hereunder. G. Program Review and Record Inspection: Recipient shall permit authorized representatives of Jackson County to review the records of Recipient in order to evaluate Recipient's compliance FUNDING AGREEMENT - Page 2 any part of this Agreement if Recipient fails to provide services called for by this Agreement within the time specified herein or in any extension thereof. iii The rights and remedies of County provided in this subsection d are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. 2) Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections a, b or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section K, Recipient shall immediately cease all activities under this Agreement, unless expressly directed otherwise by County in the notice of termination. Further, upon termination, Recipient shall deliver to County all Agreement documents, information, works-in-progress and other property that are or would be deliverables had the Agreement been completed. County shall pay Recipient for work performed prior to the termination date if such work was performed in accordance with the Agreement. 3) Jackson County may, however, in its sole discretion, upon discovery of any violations of any provision of this grant agreement, cause funds or services to be withheld, reduced, or terminated, pending correction of the violation(s). Upon correction of the violation(s), the terns, provision, and conditions of this grant agreement may be reinstated at the option of Jackson County. L. Reimbursement to Jackson County: In the event Recipient cannot or will not comply with the conditions of this agreement, Recipient shall repay to Jackson County the funding reasonably determined as not used in compliance with this Agreement. In the event Recipient cannot or will not repay such funding, Jackson County, in its sole discretion, shall be entitled to obtain a money judgment in the amount reasonably determined as not used in compliance with this Agreement. M. Independent Contractor: The Recipient represents and warrants that Recipient (i) is not an employee of Jackson County, Oregon, (ii) is not currently employed by the Federal Government, and (iii) meets the specific independent contractor standards of ORS 670.600. Recipient is not an "officer", "employee", or "agent" of Jackson County, as those terms are used in ORS 30.265. N. Compliance with Laws: Recipient agrees to be further bound by and shall comply with all federal, state statutes, rules, regulations, local laws and ordinances applicable to the grant agreement. Specific laws include but are not limited to those provided in Exhibit B, herein attached and incorporated. Recipient shall maintain all licenses, certificates, authorizations and other approvals required by applicable law to deliver the service(s) provided under this grant agreement. 0. Indemnification. Recipient shall indemnify, defend, and save harmless Jackson County, and its officers, employees, and agents, from and against all claims, suits, actions, losses, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of or relating to the operations of the Recipient, including, but not limited to the activities of Recipient or its officers, employees, subcontractors or agents in relation to this grant agreement. FUNDING AGREEMENT - Page 4 P: Funds Available and Authorized: County has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the County's fiscal year budget. Recipient understands and agrees that County's payment of amounts under this Agreement attributable to work performed after the last day of the current fiscal year is contingent on County appropriations, or other expenditure authority sufficient to allow County, in the exercise of its reasonable administrative discretion, to continue to make payments under this Agreement. In the event the County has insufficient appropriations, limitations or other expenditure authority, County may terminate this Agreement without penalty or liability to the County, effective upon the delivery of written notice to Recipient, with no further liability to Recipient. Q. Litigation or Settlement of Disputes. If suit or action is instituted in connection with any controversy arising out of this Agreement, the prevailing party shall be entitled to recover from the losing party, in addition to all other sums and allowable costs, its reasonable attorney fees, both in preparation for and at trial and any appeal or review, such amount to be set by the court before which the matter is heard. For purposes of this section, attorney fees may include the reasonable value of the services of in-house or staff counsel. R. Merger Clause: This grant agreement constitutes the entire agreement between the parties. No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. Recipient, by signature of its authorized representative, hereby acknowledges that s/he has read this agreement, understands it and agrees to be bound by its terms and conditions. If Recipient is a corporation, each individual executing this grant agreement on behalf of said corporation represents and warrants that s/he is duly authorized to execute and deliver this Grant Agreement on behalf of said corporation, in accordance with the by-laws of said corporation, and that this grant agreement is binding upon said corporation. RECIPIENT JACKSON COUNTY By; (Date) .,>Danny Jordan (Date) County Sufficiency: JoSr Cotmsel FUNDING AGREEMENT - Page 5