HomeMy WebLinkAbout2017-149 Grant - Center for Nonprofit Legal Services
CI T Y OF ASHLAND
FINANCIAL ASSISTANCE AVNARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE: Center for Nonprofit Legal Services, Inc.
20 E Main Street Address: PO Box 1585
Ashland OR 97520 Medford, OR 97501
(541) 488-5300
FAX: (541) 552-2059 Telephone: (541)779-7292
Term of this agreement:
Amount of grant: $10,555.79 which will be disb~!rsed firrice:
in Jul of each rant ear 2017 and 20181
Housing and Human Services Commission: 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 contracture 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 commission designated above.
Grantee shall acknowledge this program is funded in part, or total, by Ashland taxpayers in printed and
electronic announcements, notices and advertisements intended for public distribution (example "This program
is partially funded through Ashland lodging tax revenues").
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 mid-cycle completion March 31, 2018 (reporting period: July 1-March 31)
As part of a subsequent application for grant funds fiom the City,
c. !Nithin 90 days of the comp~etion of the final year of the two year grant Cycle (June 30, 2019)
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 awa-riled or this contract is terminated shall be returned to the City within 30 days of completion or terminatio►,-
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 a!!
books, records, papers or documents relating to the use of grant funds.
6. Living Wage Requirements. If the amount of this contract is $18,890 or more, and if the Grantee has ten
o~ 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 sou►-ces 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 uniil 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. ~imendments. 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. Indz~anity. Grantee agrees to defend, indemnify and save City, its officers, employees and agents harmless
from-any and ail losses, claims, actions, costs, expenses, judgments, subrogation's, orother damages resulting
from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to
property, of ~Nhatsoever-~G~ure arising out ~f 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 net 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, 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 $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 $1,000,000 occurrence fAr 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 o~ 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 fallowing 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 conflict of la4vs, rules or doctrines.
Any claim, action, suit or proceeding (collectively, "the claim") between the City (andlor 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 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 t his 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 iaw~, rules, and
regulations on nondiscrimination because of race, cglof; anc try, national origin, religion, sex, marital status,
sexual orientation, age;- medical condition, or disabffity.
t
GRANTEE CITY 0 ~ HLAND
By By ~ L----,
e ra ee Co unity Deve pm nt rector
Title Executiv Director
Date ~ CCU ~
Date July 5 , 2017