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HomeMy WebLinkAbout2024-005 Subrecipient Agrmt Extension - OHRACITY OF ASHLAND SUBRECIPIENT AGREEMENT FOR FUNDING OPERATIONS OF THE ASHLAND EMERGENCY SHELTER - AMENDMENT Project Title: Operations of the State Emergency Order Ashland Shelter Subrecipient Name: Options for Helping Residents of Ashland Subrecipient Contact: Cass Sinclair, Executive Director Date of Original Agreement: October 11, 2023 Date of Amended Agreement: Jan 11th, 2024 Consideration: The true consideration for this amendment herein acknowledged by OHRA as satisfactory. Original Scope of Work and Budget Description: OHRA shall provide and be responsible for continuing to provide Ashland Emergency Shelter Operations from the period January 11, 2024 to April 1, 2024. The Ashland Emergency Shelter shall be open 24 hours a day, 7 days a week during said period, unless otherwise mutually agreed to by the City and by OHRA. Ashland Emergency Shelter Operations shall include: Providing one hot meal per day for each Ashland Emergency Shelter guest. Exhibit G: Budget -Op i atiori costs ilot to exceed $200,000.00 during contract period. Funding of Emergency Shelter Operations: The City of Ashland agrees to pay to maintain shelter operations in this agreement, unless state funding for operations of the shelter are released directly to OHRA. Nothing in this Agreement is intended to, nor shall it, impair the terms, clauses, and conditions of the original grantee agreement for the use of funding related to Ashland Emergency Shelter Operations dated January 11, 2024, EXHIBIT Aa as attached and incorporated by this reference. SUBRECIPIENT: By: Title: Date: • 1-9-24 City Contact: Kelly Burns Department of Community Development Tel: 541-552-2043 20 East Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us CITY OF ASHLAND: By: Title: Act ng City Manager Date: al ��iD- 1 Telephone Number:'(541) 552.2299 EXHIBIT___..___. Page l of i CITY OF -ASHLAND SUBRECIPIENT AGREEMENT FOR FUNDING OPERATIONS OF EMERGENCY SHELTER GRANT FUNDED TEMPORARY EMERGENCY SHELTER This Agreement is between the City of Ashland (the "City"), and Opportunities forHousing, Resources, and Assistance ("OHRA'). This Agreement is effective on the date ofthe last signature and willnot bealtered, modified, supplemented, or amended in any manner except by written instrument signed by all parties. I.7 BT�:� K A. The State of Oregon issued Access, the fiscal agent for the Jackson County Continuum of Care, (may also be referenced herein as "Grantee") an award of grant funding under Governor's Executive Order 23-02 declaring a state of emergency on homelessness through a Memorandum of Agreement ("MOA"). Access completed a subrecip ient agreement with the City of Ashland thereby awarding the City Emergency Order 23-02 (hereafter referred to as E.O.23-02) funding through the Jackson County Continuum of Care and obligating the City to comply with the terms and conditions of said agreement ("Subrecip ient Agreement'). B. This Agreement between the City and OHRA is based in reliance upon the state of Oregon's MOA with Access (referenced herein as the Master Grant Agreement), and the Subrecip ient Agreement between Access and the City of Ashland. The terms and conditions of the Master Grant Agreement and the Subrecipient Agreement are integrated into this Agreement between the City and OHRA and are incoip orated herein by reference. (Master Grant Agreement Oregon-502 Exhibit A, Master Grant Agreement 2021-2023 Exhibit B, C and F) C. To the extent OHRA receives funding under this Agreement, the City must ensure the p arties establish terms and conditions for the p erformance of the purp oses of the Master Grant Agreement and maintain financial records reporting necessary to document such performance. THEREFORE, THIS AGREEMENT is as follows: i ) Services to .be Rendered, City is contracting with OHRA for the purpose of overseeing and op erating a housing focused low -barrier shelter, from November 1, 2023, to January 107 2024, in response to E.O.23-02 addressing the homelessness emergency. ("E.O. Page 1 EXHIBIT Page � Shelter') Specific conditions, procedures and policies for City services are set forth in Exhibit A, B, C and F. And are detailed more fully -in Exhibit D-Scope of Work, and Exhibit E E.O. Shelter Operational Budget. 2) Disbursement and Use of Funds. Upon execution ofthis Agreement, the City will reimburse up to $200,000.00 in Departmgnt ofAdministrative Services Grant funds to OHRA as Grant support for the purposes described in the Scope of Work attached as Exhibit D, and in accordance with the low -barrier shelter requirements as detailed in the Master Grant Agreement. (" EO Grant Funds') (a) EO Grant Funds must be exp ended 'or encumbered during the granting p eriod, between September 15, 2023, and January 10, 2024, for projects that will be completed by January 10, 2024, unless otherwise amended. . (b) OHRA must submit to the City proper account records showing revenue and expenditures for any reportingperiod as documentation to support the amounts being requested. The City's obligation to disburse EO Grant Funds to OHRA is subject to receiving sufficient and approved documentation from"OHRA in order to remain comp liant with the Master Grant agreement and general accounting practices as defined by the U.S. Government Accountability Office. (c) OHRA shall keep accurate books and records for the activities and funds related to the use of EO Grant Funds. OHRA shall p ermit the City, and any p arty designated by it, to insp ect at any reasonable time and make cop ies of any such books and records. OHRA shall retain and keep accessible all records related to this Agreement and the activities funded by this Agreement for not less than three years following the State of Oregon's acceptance of any final reporting. 3) OHRA Responsibilities. OHRA represents, warrants and covenants that they shall communicate all applicable requirements to organizations and projects supported by EO Grant Funds related to the E.O. Shelter: a) This Agreement executed and delivered by OHRA has been properly authorized by its governing body, and member approval if necessary. The governing body has authorized its signatory representative below to execute this Agreement on behalf of OHRA. b) EO Grant Funds disbursed to OHRA maybe expended only according to the authorized purposes, wage levels, audit requirements, and limitations as provided in the Master Grant Agreement, attached herein as Exhibit A. c) OHRA shall deliver a completed HM1S Report for services rendered pursuant to this Agreement, and consistent with the terms and schedule detailed more,fully in the Master Grant Agreement, attached herein as Exhibit A. Page 2 d) OHRA shall keep accurate books and records for the activities and fiends related to this Agreement. OHRA shall p ermit the City, and any p arty designated by it, to . inspect at any reasonable time and make copies of any such books and records. OHRA shall retain and keep accessible all records related to this Agreement and the activities funded by this Agreement for not less than three years following the State of Oregon's acceptance of reporting on this activity. e) In'carrying out its resp onsibilities under this Agreement, OHRA shall not deny benefits to or discriminate against any person based on race, color, creed, religion, national origin, sex, disability, or sexual preference, and shall comply with all requirements of federal and state civil rights statutes, rules and regulations including: i) Title VI of the Civil Rights Act of 1964 (42 USC 200d et. seq.). ii) Section 504 of the Rehabilitation Act of 1973 (20 USC '794). iii) Title IX ofthe'Education Amendments of 1972 (20 USC 1681et. seq.). iv) Americans with Disabilities. Act of 1990 (42 USC sections 12101to 12213). v) ORS 659.400 to 659.460 relating to civil-rights of persons with disabilities. fj It shall comply with all Oregon Administrative Rules and published guidelines of the State of Oregon applicable to acceptance and use of funds for the approved Master Grant Agreement. a) City Responsibilities. The City represents, warrants, and covenants. that: a) OHRA is a private nonprofit organization to which the City makes available grant funds. b) This Agreement executed and delivered by the City has been properly authorized by its governing body, and any other applicable approval and public notice. The governing body has authorized its signatory representative below to execute this Agreement on behalf of the City. c) The City acknowledges and agrees that any funds disbursed by the City as EO Grant Funds must be utilized exclusively for the authorized purposes, wage levels, audit requirements, and limitations as stipulated in the City's approved Subrecipient Agreement and the Oregon Master Grant Agreement-OR-502. Any modifications or alterations to an approved program or task, as outlined in the Oregon Master Grant Agreement-OR-502, necessitate prior approval from both the City and the State of Oregon. d) OHRA shall perform according to the purposes of this Agreement, consistent with sections 2 and 3 above, and by the dates or time frames specified in Exhibit D. Page 3 i) During the period of this Agreement, the City acknowledges and agrees that OHRA shall have the authority to consent to any auxiliary or additional uses of the property site. OHRA shall have the opportunity to veto any such use that is not operated by OHRA on the site. (1) In the event that the City intends to pursue or approve any auxiliary or additional use of the property site, the City shall provide OHRA with written notice of such intent at least 30 days prior to taking any action or making any decisions related to such use. (2) OHRA shall have a period of 15 days from the date of receipt of the notice to review and provide its feedback to the City. If OHRA decides to veto the proposed auxiliary or additionaluse, the City shall not proceed with such use, and it shall not interfere with OHRA's provision of services at the property during the term of this Agreement. e) City shall keep accurate books and records for all its expenditures and the subgrants related to the use of the funds disbursed to the City through the.Subrecipient Agreement and the EO Grant Funds and will maintain these books of account and records in accordance with generally accepted accounting principles and as established by the parties to ensure accurate and timely reports are provided to the State as Grantor. The City shall permit OHRA, and'any party designated by it, to inspect at any reasonable time and inake copies of any such books and records. OHRA shall supply any related reports and information as OHRA may reasonably require. OHRA shall retain and keep accessible all records related to this Agreement and the activities funded by this Agreement for not less than three years following the end ofthe granting period specified in section 1. f) Administrative Expenses. OHRA may not collectively use more than 15% of the EO Grant funds for administrative expenses, including the costs of. hardware, software, equipment, technical support, office support, training expenses, and non - programmatic salaries, except for those costs associated with operating the Homeless Management Information System (HMIS). HMIS participation fees, user accounts or a comparable database for victim service providers are not considered administrative exp ens es. g) OHRA will cooperate with the City to comply with any E.O. Grant reporting requirements by providing complete, accurate and timely reports satisfactory to the State of Oregon. s) Unexpended Grant Money. Any EO Grant Funds disbursed to OHRA, or any interest earned by it on those funds, that is not used according to this Agreement, or that remains Page 4 ryr af c, � r 5 c after the granting period specified in section 2 or after this Agreement is terminated, must be immediately returned to the City, unless otherwise allowed or directed by the City. 6) Insurance. OHRA Insurance. OHRA provide the following insurance: a) 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. Worker's comp ensation insurance is required if work is performed by employees, subcontractors, or volunteers. BY INITIALING THIS SENTENCE, THE CONTRACTOR CERTIFIES UNDER PENALTY OF LAW THAT THE WORK REQUIRED BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED: b) General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. Annual aggregate limit shall not be less than $2,000,000.00. c) Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non -owned vehicles, as applicable. d) Excess/(Jmbrella Insurance. A. combination of primary and excess/umbrella insurance may be used to meet the required limits of insurance. e) Additional Insured. All liability insurance, except for Workers' Compensation, Professional Liability, and Network Security and Privacy Liability (if applicable), required under this Grant Agreement must include an additional insured endorsement specifying the City of Ashland, its officers, employees and agents as Additional Insureds, including additional insured status with respect to liability arising out of ongoing op erations and comp leted op erations, but only with reap ect to OHRA's activities to be p erformed under this Agreement. Coverage shall be primary and non- contributory with any other insurance and self-insurance. 7) Indemnity. OHRA and the City (Consistent with Oregon Tort Claims Act, ORS Chapter 30.260 TO 30.300) agree to indemnify and hold harmless each other, their employees, contractors, officers; and directors from and against any and all claims, suits or actions of whatever nature resulting from or arising out the wrongftil acts of the party primarily responsible for the injury, or their subcontractors, agents or employees related to this Agreement. Should any party assume exclusive defense and control of any matter Page 5 otherwise subject to indemnification by the indemnifying p arty, the indemnifying party will cooperate with the other party in asserting any defenses available to that party. s) Choice of Law; LegalVenue. The laws of the State of Oregon (without giving effect to its conflicts of law princip les) govern all matters arising out of or relating to this Agreement, including, without limitation, its validity, interpretation., construction, performance and enforcement. 9) Termination; Defaults and Remedies. This Agreement may be terminated by mutual written consent by all parties. OHRA .and the City, separately and individually, shall be considered .in default upon the happening of any of the following events, referred to as "Events of Default", if a) Any representation, warranty, or statement made by a defaulting party to the other party, either. directly or on behalf of the defaulting party, concerning this Agreement or in any document or report furnished by or on behalf of the defaulting party and relied upon by the other party to assess the advancement, execution, or disbursement of EO Grant Funds, is materially untrue at the time of its assertion. b) A defaulting party (i) applies for or consents to the appointment of, or the taking of possession by; a receiver, custodian, trustee, or liquidator of itself or of all or any substantial p art of its property, (ii) admits in writing its inability, or is generally unable, to pay its debts as they become due, (1) makes a general assignment for the benefit of its creditors, (iv) commences a voluntary case under the'U.S. Bankruptcy Code (as now or hereafter in effect), (v) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding -up, or comp osition or adjustment of debts, (vi) fails to controvert in a timely and appropriate manner; or acquiesces in writing to, any petition filed against it in an involuntary case under the U.S. Bankruptcy Code (as now or hereafter in effect), or (vii) takes any corporate action for the purpose -of effecting any of the foregoing. c) A proceeding or case is commenced, without the application or consent of a defaulting party, in any court of competent jurisdiction, seeking (i) the liquidation, dissolution or winding up, or the composition or readjustment of debts, of a defaulting p arty, (ii) the app ointment of a trustee, receiver; custodian, liquidator,. or the like of a defaulting p arty or of all or any substantial part of its assets, or (iii) similar relief in respect to a defaulting party under any law relating to bankruptcy, insolvency, reorganization, winding up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed -and in effect for a period of sixty (60) consecutive days, or an order for relief against a Page 6 defaulting party is entered in an involuntary case under the U.S. Bankruptcy Code (as now or hereafter in effect). d) Other than asset forth in a), b) or c) above, -a defaulting party fails to perform, observe or discharge any of its covenants, agreements or obligations pertaining to this Agreement, and such failure is not cured within fifteen days of written notice to a defaulting p arty from the other p arty or a p eriod of longer time established by the other party in its notice. 1 o) Remedies. Up on the occurrence of any Event of Default, the other p arty may pursue any remedies available under this Agreement, at law or in equity. Such remedies include, but are not limited to, termination of the other p arty's obligation to make the grant or any further disbursement under this Agreement, return of all or a p ortion ofthe grant amount, payment of interest earned on the grant amount and declaration of ineligibility for the receipt of future other party grants. If, as a result of an Event of Default, the other party demands the return of all or a p ortion ofthe Grant amount or p ayment of interest earned on, the Grant amount, a defaulting p arty shall p ay the amount up on the other p arty's demand. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. 1 i) Compliance with Laws. OHRA and the City each warrant that it is not in violation of any Oregon tax laws, including by not limited to state tax imposed by ORS 320.005 ri 320.150 and 403.200 to 403.250 and ORS Chapter 118, 314, 316, 31-7, 318, 321, and 323 and the elderly rental assistance program under ORS 310.630 to 310.706 and local taxes administered by the Department of Revenue under ORS 305.620; and will comply with these Oregon Tax Laws during the term of this Agreement. Acknowledged and agreed to by: City of Ashland (City) City Manager Date . Opportunities for Housing, Resources, and Assistance, (OHRA) Authorized Signer Date Page 7 ASHLAND EMERGENCY SHELTER EXHIBIT D-SCOPE OF WORK OHRA. shall be the Ashland Emergency Shelter Service Provider and shall be responsible for providing Ashland Emergency Shelter Operations from the period January 11, 2024 to April 1, 2024. The Ashland Emergency Shelter shall be open 24 hours a day, 7 days a week during said period, unless otherwise mutually agreed to by the City and by OHRA. Ashland Emergency Shelter Operations shall include: • Hiring, training and overseeing 24-hour on -site staffing, including Firewatch, which OHRA deems adequate to safely operate the Ashland Emergency Shelter. • Cleaning, sanitizing and, stocking needed sanitation supplies at the Ashland Emergency Shelter location. • Providing an intake application and screening process and approving which applicants shall utilize the Ashland Emergency Shelter, all in accordance with the Master Grant Agreement and criteria for Low Barrier Shelter requirements. • Coordination with City staff to ensure criminal background checks of potential Ashland Emergency Shelter guests are completed prior to Ashland Emergency Shelter placement. • Data collection and management of Ashland Emergency Shelter guests through the HMIS system. • Providing required reporting through the HMIS system in accordance with the Master Grant Agreement. • Maintaining general insurance for Ashland Emergency Shelter operations, but not for Ashland Emergency Shelter building and grounds • Providing one hot meal per day for each Ashland Emergency Shelter guest. • General oversight of Ashland Emergency Shelter building and grounds during period of operation, reporting any building issues to the City, and contracting with service providers for cleaning the Ashland Emergency Shelter and for maintaining walkways so they are accessible in inclement weather. • Providing navigation services and referrals, to the best of OHRA's ability, including but not limited to appropriately placing individuals who are transitioning from the Ashland Emergency Shelter, intentionally or unintentionally, or who are deemed inappropriate for this E.0 Shelter venue. • Operate and provide services for the Laundry Shower Trailer ("LST") to be operated at the Ashland Emergency Shelter site. The City of Ashland shall be responsible for: • Cost of Utilities on Ashland Emergency Shelter building/grounds including water, electric, heat, garbage service, internet, phone, security cameras and lighting. • Reimbursing OHRA for all costs it incurs related to Ashland Emergency Shelter Operations, including but not limited to staffing, insurance, cleaning, and maintenance, and all costs related to the operation of the Laundry Shower Trailer (LST). • Any costs related to general Ashland Emergency Shelter building maintenance including lawn mowing, snow removal, de-icing walkways, and landscape maintenance. • Ensuring completion of and payment for any improvements to the building relating to the facility needs of the Ashland Emergency Shelter, including fence/gate installation and repairs, utilities installation to serve the LST, the construction of a designated covered smoking area, and any other construction for planned upgrades and any permit and planning fees associated with those upgrades or any other'improvements. • Maintaining general insurance for the shelter building and grounds. • Ordering, overseeing installation and maintenance, and covering costs related to porta- potties and hand wash stations. BUDGET 2024 Operation costs not to exceed $200,000.00 during contract period.