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HomeMy WebLinkAbout2024-132 Grant - Children's World Montessori CITY OF ASHLAND GRANT AGREEMENT CITY: CITY OF ASHLAND GRANTEE: Children's World Montessori 20 E Main Street Address: 1615 Clark St. Ashland, OR 97520 Ashland, OR 97520 Telephone: 541-482-1314 PHONE: (541) 488-6002 Email: michellek@riousa.com FAX: (541)488-5311 Term of this Grant Agreement: June 30, 2025 Grant funds awarded: $50,000 This Grant Agreement(hereinafter"Agreement")is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City"), and Children's World Montessori ("hereinafter"Grantee"). City and Grantee hereby agree as follows: 1. Nature of Grant. Subject to the terms and conditions of this Agreement, including the grant eligibility requirements outlined in Exhibit A, and in reliance upon Grantee's approved grant application, the City agrees to provide grant funds to Grantee in the amount specified above. Grant funds shall be utilized or contractually committed in the fiscal year for which they were awarded. 2. Qualified Work. Grantee has represented, and by entering into this Agreement now represents, that any personnel assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a skilled and professional manner and will maintain the proper Oregon childcare licensure throughout the term of the Grant. Grantee shall also maintain a current City business license. 3. Use of Grant Funds. The use of grant funds is expressly limited to the activities as set forth in the Grant Application, attached hereto as Exhibit A and incorporated herein by this reference. 4. Grantee agrees to acknowledge the City as a funding source in all of Grantee's printed and electronic notices and advertisements relating to the use of these grant funds (example "This program is partially funded through the use of The Ashland Childcare Grant Program"). 5. Grantee agrees to submit a written report to the City on the use of the grant funds within ninety (90) days following the expenditure, but in no event later than, as set forth in Exhibit A. 6. Unexpended Grant Funds. Any grant funds not expended by June 30, 2025, shall be immediately returned to the City. 7. Financial Records and Inspection. Grantee shall maintain a complete set of books and records relating to the purpose for which the grant funds were awarded. Such records shall be kept in GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND CHILDREN'S WORLD MONTESSORI 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 the grant funds. 8. Living Wage Requirements. If the total amount of grant funds awarded under this Agreement is $25,335.05 or more attached as Exhibit B, Grantee is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter. 9. Termination. a. Mutual Consent. This Agreement may be terminated at any time by the mutual written consent of both parties. b. City's Convenience. This Agreement may be terminated at any time by City upon not less than thirty (30) days' written notice delivered by certified U. S. mail or in person. C. For Cause. City may terminate this Agreement, in whole or in part, effective upon delivery of written notice to Grantee 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 Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or iii. If any license or certificate required by law or regulation to be held by Grantee to provide the services required by this Agreement is for any reason denied, revoked, suspended, or not renewed. 10. Default. If Grantee fails to perform or observe any of the covenants or provisions contained in this Agreement or fails to expend the grant funds or enter into binding legal agreements to expend the grant funds during the term of this Agreement, the City, by written notice of default to the Grantee, may terminate this Agreement and may pursue any remedies available to the City at law or in equity. Such remedies may include, but are not limited to, termination of this Agreement, the stopping of 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. 11. Amendments. The terms of this Agreement may not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties. GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND CHILDREN'S WORLD MONTESSORI 12. Indemnity. Grantee agrees to defend, indemnify, save, and hold the City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, subrogations, or other damages of any nature whatsoever resulting from or arising out of 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). However, Grantee shall not be held responsible for damages caused by the gross negligence of the City, its officers and employees. 13. Liability Insurance. Grantee shall, at its sole expense, obtain and maintain during the term of this Agreement, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence. Grantee shall name as additional insureds "The City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement. As evidence of this requirement, Grantee shall supply an endorsement naming the City, its officers, agents, and employees as additional insureds by the Effective Date of this Agreement. The insurance required in this Section 11 shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage in the amount of$3,000,000 in the aggregate and $2,000,000 per occurrence; and • Commercial Automobile Liability Insurance in the amount of$2,000,000 in the aggregate, $2,000,000 per occurrence for those entities that are responsible for the transportation of children; and • Sexual abuse/molestation liability, with a combined single limit, or the equivalent, of not less than $2,000,000. 14. Workers' Compensation Insurance. Grantee shall either maintain Worker's Compensation insurance in compliance with ORS 656.017 at its sole expense, which requires subject employers to provide workers' compensation coverage for all of its subject employees, or certify on a document acceptable to the City that it is exempt from this requirement on. 15. Assignment. Grantee shall not assign this Agreement nor subcontract any portion of any work to be performed hereunder without the written consent of the City. Any attempted assignment or subcontract without the written consent of City shall be null and void. 16. Merger. This Agreement constitutes the entire understanding between the parties. There are no understandings, agreements, or representations, oral or written, not specified in this Agreement regarding this Agreement. Grantee, by the signature below of its authorized representative, acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. 17. Governing Law; Jurisdiction; Venue. This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND CHILDREN'S WORLD MONTESSORI )4 consents that,upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 18. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Grantee understands and agrees that City's payment of amounts under this Agreement 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 Agreement. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Grantee,with no further liability to Grantee. 19.Non-Discrimination. Grantee agrees that no person shall, on the grounds of race, color, religion, creed, sex,marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Grantee. Grantee further agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. GRANTE3 CITY OF ASHLAND: y B By: JA Printed Name: Printed Name: Sabrina Cotta Title: Title: Interim City Manager Date: Date: 8/13/2024 GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND CHILDREN'S WORLD MONTESSORI e % r HOAND qv Early Childhood Affordability Grant Program The City of Ashland is accepting grant applications for the Early Childhood Affordability Grant Program for the 2024/2025 fiscal year (July 1, 2024 - June 30, 2025). Purpose Ashland is an early learning and childcare desert, and the City Council has developed this program with the express purpose of increasing affordability and access to quality early learning and childcare programs for the benefit of working families. The Grant Program's Goals Are to: • Address Ashland's need for expanded early childhood care services • Respond to households seeking affordability &financial stability • Attract and retain a local workforce through enhanced quality of life and affordability • Reinforce & propel kindergarten readiness in collaboration with partners • Support economic development in Ashland Program Funding: Up to $135,000 will be available for distribution under the Early Childhood Affordability Grant Program. Additionally, the Ashland City Council has authorized funding only through the 2023/25 Biennium. Funding in future years is not guaranteed. Program Structure: 1. Program providers apply for the Early Childhood Affordability Grant Program funding in any of the following categories: a. Sliding Scale Scholarships b. Infrastructure Investment GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND CHILDREN'S WORLD MONTESSORI c. Staffing Support, Special Needs Integrated Programming, and/or Behavioral Support. 2. Applications are received and reviewed by the Affordable Childcare and Early Learning Ad Hoc Committee and the City of Ashland Finance Department. 3. Upon completion of its review,the committee makes award recommendations. 4. Recommendations are presented to the City Manager for final approval of grant awards. 5. Each provider/grant recipient reports quarterly on the progress toward grant award goals as outlined under "Reporting" below. Eligibility: To be eligible for Early Childhood Affordability Grant Funding,childcare providers must meet the following criteria: 1. Active childcare license IN GOOD STANDING with the Child Care Licensing Division (CCLD) of the State of Oregon's Department of Early Learning and Care (DELC). 2. Be a legal entity currently registered to do business in the State of Oregon. 3. Be located within Ashland City limits and provide programming within the City of Ashland. 4. Carry liability insurance as follows: a. Commercial General Liability,Amount$2M / Per Occurrence 2M / Aggregate $3M,and b. For those transporting children:Commercial Auto Liability,Amount$2M/ Per Occurrence $2M. c. Sexual Abuse/Molestation Liability Insurance. Amount$2M/ Per Occurrence $2M / Aggregate$3M. Instructions for Completing All Grant Applications A Complete Application Includes: 1. The "City of Ashland Early Childhood Affordability Grant Application", which includes a description of the program's purpose, rationale for the funding request, complete explanation of procedures to be followed in carrying out the proposed project, and line-item budget with explanation for all major budget items. 2. Documentation of an active childcare license with the State of Oregon Department of Early Learning and Care (DELC), Child Care Licensing Division (CCLD). 3. Proof of insurance commensurate with the coverage levels above. GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND CHILDREN'S WORLD MONTESSORI 4. Documentation of the organization's financial viability (990 tax form, recent income tax filings, liability insurance coverage,etc.). 5. Pricing and rate information. a. Note - if awarded grant funding, a provider may not increase their agreed rates to the households participating in the scholarship program for the duration of the award period. 6. Documentation of non-profit status, if applicable. Additional Instructions the Grant Application A. Grant Funds for Sliding Scale Scholarships 1. Fully describe your project, including the need you are addressing and how this investment will solve the need. 2. If the grant is to be used for sliding scale scholarships, grantees work with families in their programs, and applying to their programs, to assess need and award scholarships to qualified households. a. The city will not assess individual households. This is the responsibility of the program provider. b. Households receive affordability scholarships through June 2025. i. The Early Childhood Affordability Program serves households at or below 200% of the Southern Oregon Median Income. Household Size 200%of Southern Oregon Median Income 2 $129,500 3 $145,630 4 $161,750 5 $174,7 50 6 $187,750 7 $200,630 8 $213,630 3. Scholarships must be awarded according to the following criteria: 1. Scholarship recipient is an Ashland resident,or an employee of an Ashland based business. 2. Scholarship recipients are between the ages of zero and four years,eleven months. 3. Scholarship recipients demonstrate a financial need. GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND CHILDREN'S WORLD MONTESSORI i. Financial need is defined as a household earning at or below 200% of the Southern Oregon Median Income. 4. Financial needs must be established by the household's most recent W-2,or pay stub, and verified by the early learning service provider. 4. Reporting requirements: a. All Early Childhood Affordability Grant recipients must provide quarterly reporting to the City of Ashland. Reporting requirements are necessary to ensure appropriate use of funds,evaluate the effectiveness of the pilot program,and assess results for future planning. b. Provide a summary narrative of scholarship work completed, including: i. Total number of scholarships awarded,and number of families served. ii. Attendance of scholarship recipients (number attending 90% of the time,75% of the time, less than 50%of program time). iii. Average scholarship award value, and scholarship award value range (smallest vs. largest scholarship). iv. Total enrollment without the Early Childhood Affordability Grant dollars versus total enrollment with the grant dollars. v. Current waitlist count, if any. c. Provide a revenue and expenditure statement,or profit and loss statement, demonstrating the cashflow of grant dollars. d. If applicable, indicate if the Early Childhood Affordability Grant dollars supporting scholarships enabled your program to use other monies for investment in quality of service,curriculum, educators, and/or infrastructure. B. Grant Funds for Infrastructure Projects: 1. Fully describe your project, including the need you are addressing and how this investment will solve the need. 2. For projects between $0 and $24,999 Include two quotes. If the project is between $25,000 and $150,000,then provide three quotes. If three quotes are not reasonably available,fewer will suffice, but the applicant shall make a written record of the effort made to obtain those quotes or proposals. 3. Provide proof of site control - for example deed, property tax statement, lease agreement or a long-term rental agreement. 4. If renting or leasing, provide documentation of approval of the property owner. 5. Give your complete schedule for installation and performance to schedule milestones. 6. Reporting requirements: a. All Early Childhood Affordability Grant recipients must provide quarterly reporting to the City of Ashland. Reporting requirements are necessary to ensure appropriate use of funds, evaluate the effectiveness of the pilot program,and assess results for future planning. b. Provide a summary narrative of infrastructure work completed, including: GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND CHILDREN'S WORLD MONTESSORI i. Copies of permits required for installation, if required (example,fencing for a play area) ii. Provide a revenue and expenditure statement,or profit and loss statement, demonstrating the cashflow of grant dollars. c. Upon completion, provide an inspection report if appropriate, or photo of the completed installation. C. Grant Funds for Staffing,Special Needs Inclusive Programming,and/or Behavioral Support Programming: 1. Fully describe your project, including the need you are addressing and how this investment will solve the need. Include the following: a. Number of staff to be hired. b. Indicate the number expected to be part-time and full-time, part-year and full-year. c. Indicate the number of children to be supported by the grant funds. 2. Reporting requirements: a. All Early Childhood Affordability Grant recipients must provide quarterly reporting to the City of Ashland. Reporting requirements are necessary to ensure appropriate use of funds, evaluate the effectiveness of the pilot program,and assess results for future planning. b. Provide a summary narrative of what work was completed, including information about your program capacity and/or service impact of additional staff on programming offered. c. Provide a revenue and expenditure statement,or profit and loss statement, demonstrating the cashflow of grant dollars. Final Note: Underused funding shall be subject to recapture by the City of Ashland and may be re-awarded to other programs or held in the General Fund for investment,as recommended by the Affordable Childcare and Early Learning Ad Hoc Committee. Providers may be required to comply with Ashland's living wage requirement. According to Ashland Municipal Code, if the amount of the grant is $24,050.68 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under the grant agreement and to any Subcontractor who performs 50%or more of the Work under the grant agreement. GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND CHILDREN'S WORLD MONTESSORI