HomeMy WebLinkAbout2017-013 Grant - Chamber of Commerce
CITY OF ASHLAND
GRANT AWARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE: Ashland Chamber of Commerce
20 E Main Street Address: PO Box 1360
Ashland OR 97520 Ashland, OR, 97520
(541) 488-5300
FAX: (541) 552-2046 Telephone: 541-482-3486
Term of this agreement: June, 2015 to June 30, 2017
Amount of grant: Total: $25,000 to design, conduct and manage an economic development workshop and
conference series. See attached detailed description of program, cost estimates, number and type of events.
Contract made the date specified above between the City of Ashland and Grantee named above.
RECITALS: City grants the identified amount for the stated purpose above. Pursuant to ORS 279A.025(2)(d),
this Grant agreement [ORS 279A.010 (k) (A) (ii)] is not a public contract for purposes of ORS 279 A-C.
City and Grantee agree:
1. Amount of Grant. Subject to the terms and conditions of this contract and attached project description
marked as exhibit A, the City agrees to provide funds in the amount specified above.
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 this contract as
described in Exhibit A. Grantee shall acknowledge the City as a funding source as appropriate in all project
final deliverables, both printed and electronic.
Grantee agrees to report on the use of grant funds following the event or prior to October 1St following the end
of the grant award period (July 1-June 30), whichever occurs first.
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.
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 $20,142 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. 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 liability policy, including coverage for contractual
liability for obligations assumed under this Contract. The liability under each policy shall be a minimum of
$1,000,000 per occurrence (combined single limit for bodily injury and property damage claims) or
$1,000,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability
coverage shall be provided on an "occurrence" basis. The City of Ashland, including its officers,
employees and agents shall be named as an additional insured. 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 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 personal 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 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.
GRANT CITY OF ASHLAND IK
By
City Rep esentative
Title /
Date
Date
APP D A`S` TO FORM 11 .aaarar.aamrAshl nd asst. ity Attorney
C)at l
Ashland Chamber of Commerce & City of Ashland
Economic Development Partnership
Workshops & Conferences
The goal of the Ashland Chamber of Commerce' Workshop and Conference program is to help local
businesses expand, overcome obstacles, stimulate investment in the community, create connections for new
businesses and encourage entrepreneurial development. Through hands-on workshops and inspiring
conferences, the Ashland Chamber grows and supports the Ashland economy. The following details the
Ashland Chamber's Workshop and Conference program and budget for the City of Ashland to see how their
financial partnership fits into the overall program.
-Workshops-
Workshop topics have been introduced by Chamber and City staff, members of the business community,
Ashland Chamber members and feedback received through the Business Retention and Expansion survey
program and benefit the business community as a whole, offering affordable workshops they may not have
access to independently. Workshops are held every other month and are subject to change based on
timeliness of topic and new topics introduced.
Workshops attributes include
• Affordable- Free or low entry fee for businesses to participate
• Short and interactive - 2-4 hours to accommodate business owners schedules
• Designed to provide beneficial and timely information to 40-50 people at a time
Workshops are constructed and designed to fit into two types; large and small. The designation depends
upon whether or not a speaker is brought in from outside the area, if the workshop focuses on one specific
industry, additional materials needed due to the complexity of the topic and other determinants. Budgets for
each size of workshop are detailed below.
2015-2017 Workshops & Conferences Schedule is as follows:
• November 2015- Paid Sick Leave workshop- BOLI- Large Workshop
• January 2016- Marijuana in the Workplace- Barran Liebman Law Firm- Large Workshop
• March 2016- Restaurant Conservation- Small Workshop
• February 2017- Managing your online presence and communication with customers- Small
Workshop
• April/ May 2017- Ashland Innovators Conference- Conference
Large Workshop Budget Small Workshop Budget
-Staff time for content/prep: $3,000 -Staff time for content/prep: $1,500
-Advertising: $1,500 -Advertising/printing: $500
-Printing: $1,500
-Location Fees: $500 -Location fees: $500
-Food & Materials: $500 -Food & Materials: $500
-Total Per Large Workshop: $7,000 -Total Per Small Workshop: $3,000
Total for 15/17 Workshop Program: $20,000
Total City Investment in 15/17 Workshop Program: $10,000
-Conference-
The Ashland Chamber of Commerce also holds an annual or semi-annual conference featuring
innovation in various growing industries in Ashland. The first two conferences focused specifically on the high
tech industry in Ashland where the third year focused on innovation in the food and beverage manufacturing
and farming industries in Ashland.
Conferences attributes are as follows:
• industry specific
• affordable for attendees
• meant to engage and inspire
• 4+ hours with a reception for networking
• accommodate 200-300 attendees
• include a trade shop component
In the 2015-2017 budget year, the Ashland Chamber will hold one conference in Spring 2017 with budget as
follows:
• Staff time for content/prep: $6,000
• Advertising: $2,500
• Printing: $2,500
• Location Fees/Room Rental: $2,500
• Food & Materials: $5,000
• Equipment Rental: $1,000
• Tech Support: $1,000
• Video (pre conf promo, filming at conf. post expanded video): $6,000
• Speaker Fees: $2,000
• Tables/Linens/Centerpieces: $1,000
• Speaker Gifts: $500
Total Per Conference: $30,000 Total for Conference Program: $30,000
Total City Investment in Conference: $15,000
Total Budget for Workshop/Conference Program 2015-2017: $50,000
Total City Investment in Workshop/Conference Program 2015-2017: $25,000
City Economic Development Program Budget
FY15 FY16 FY17
(current) (+10%) (+15%)
Proposed Economic Development Program Allocation 154,030 169,433 177,905
Including carryforward of $54,616 from FY14 208,646
Personal Services 32,000 43,000 45,000
Materials & Services (not including Program Funds Available) 10,000 13,000 14,000
Program Funds 184,616 113,433 118,905
TOTAL Economic Development Program 226,616 169,433 177,905
Program Funds Allocation
Proposed Chamber Programming
Outreach and Education
Video Production 30,000 20,000 20,000
Promotional materials (Portal, Living and Doing, Recruitment, etc) 20,000 15,000 15,000
Conferences/Workshops 10,000 12,500 12,500
Events
Festival of Lights * 14,000 15,000 15,000
Research & Development
BR&E 25,000 25,000
Portal Economic Dashboard 5,000
Business Surveys (issue specific) 5,000 5,000
Chamber Programming Total 104,000 92,500 679500
Chamber Portion of Total Program Funds 72% 71% 67%
Remaining Program Funds 80,616 20,933 51,405
Proposed Ci Programming
ACRC Job Seeker Support 20,000
Employment Lands -Expansion Pre-assessments 10,000
AFN Business Marketing 10,000
RCC - Entrepreneurial Scholorships - 7,000 8,000
Economic Development Strategy - Ashland Airport 5,000
Immediate Opportunity Funds 25,000 25,000
City Programming Total 40,000 37,000 33,000
PROGRAM TOTAL 144,000 1299500 100,500
Program Funds Unallocated- Budget to proposed = 40,616 (16,067) 18,405
* Festival of Lights Funding
GF (110) Economic Development (Tourism/retail for Shoulder season) 15,000 15,000
EF-EE (690) Energy Efficiency (upgrading of lighting to LED, etc) 5,000 5,000
EF-Ops (690) Infrastructure Upgrades (recepticles on poles, brackets, etc) 5,000 5,000
Total City Contributions 25,000 2_5,000