HomeMy WebLinkAbout2023-246 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 30,2024
Grant fluids awarded: $20,000
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 and in reliance upon
Grantee's approved grant application, the City agrees to provide grant funds to Grantee in the
arnount 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 Tile 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 finds not expended by June 30, 2024, 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
Page t of 9: Grant Agreement Between the City of Ashland and Children's World
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.
S. 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 holding 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 firnds 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 reredies 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.
Page 2 of 9; Grant Agreement Between the City of Ashland and Children's World
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 I 1 shall include the following coverages:
• Comprehensive General or Commercial General Liability, including personal
injury,contractual liability, and products/completed operations coverage; and
• Automobile Liability.
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 al I of its subject employees, or certify on a
document acceptable to the City that it is exempt from this requirement on.
1.5. 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
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.
Page 3 of9: Grant Agreement Between the City of Ashland and Children's World
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.
GRANTEE; 11
CITY OF AS LAND:
By: 9L By: ,
Printed Name: (, Q � � Printed Name:
Title: fit-Q cC— Title: A.
(,t
Date: �j� � Date: �Z I j !�Z�
Page 4 of 9; Grant Agreement Behveen the City of Ashland and Children's World
Exhibit
J; T '1 IF
le" S" H L A, N D
Early Childhood Affordability Program
Grant Application
Purpose:
The City of Ashland is accepting pilot program, grant applications for Early Childhood
Affordability Program the 2023/24 school year.
Ashland is an early learning and childcare desert and has developed this program
with the express purpose of increasing affordability and access,to quality early
learning and childcare programs for working families.
Pilot Program Goals:
• Address Ashland's need for expanded early childhood care services
Respond to households seeking affordability&financial stability
• Attract and' retain a local workforce through quality of life and affordability
• Reinforce & propel kindergarten readiness in collaboration with partners
• Support economic development in Ashland
Program Funding:
Up to $100,000 will! be available for distribution as part of the Early Childhood
Affordability Pilot Program.As this is a pilot program, changes may be made during
its implementation (October 2023 - June 2024).The city appreciates your patience.
Additionally, the Ashland City Council has only authorized funding for 2023/24.The
results of the pilot will inform future funding decisions. Funding in future years is not
guaranteed'.
Program Structure:
1. Program providers apply for the Early Childhood Affordability Pilot Program grant
funding
2. The Ad hoc committee on Affordable Childcare conducts interviews and site visits
3. The City Council awards grants to eligible providers
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4. 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.
5, Households receive affordability scholarships through June 2024.
a. 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 $174,750
6 $187,750
7 $200,630
8 $213,630
6. Provider reports quarterly on the progress of the affordable scholarship program as
outlined under"Reporting"below.
Eligibility:
Eligibility for Early Childhood Affordability Grant Funding includes the following criteria:
1. Providers must have an active childcare license IN GOOD STANDING with the State of
Oregon Office of Child Care.
2. Providers must be a legal entity currently registered to do business in the State of
Oregon.
3. Providers must be located within Ashland City limits.
4. Providers must carry liability insurance as follows:
a. Commercial General Liability,Amount$1M / Per Occurrence$lM/Aggregate
$2M,and
b. For those transporting children:Commercial Auto Liability,Amount $1M/ Per
Occurrence $1M.
c. Sexual Abuse/Molestation Liability Insurance,Amount lmill f Per Occurrence
lmill/ Aggregate 2mill
Early Childhood Affordability Grant recipients awarding scholarships must make awards
adherent to the below criteria:
1. Scholarship recipient is an Ashland resident,or an employee of an Ashland based
business,
2. Scholarship recipient is between the ages of zero and four years eleven months of
age,and
3. Scholarship recipient demonstrates a financial need.
Page 6 of9: Grant Agreement Bet-weep the City of Ashland and Children's World
a. Financial need is defined as a household earning at or below 200%of the
Southern Oregon Median Income.
b. Financial need must be established by the household's most recent W-2,or
pay stub,and verified by the early learning service provider.
Reporting:
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.
Requirements for reporting are:
1. Summary narrative of scholarship work completed.
2. Total number of scholarships awarded,and number of families served.
3. Attendance of scholarship recipients:
a. Number attending 90%of the time, 75%of the time,less than 50%of program
time.
4. Average scholarship award value,and scholarship award value range (smallest vs,
largest scholarship).
5. Total enrollment without the Early Childhood Affordability Grant dollars versus total
enrollment with the grant dollars.
6. Current waitlist count if any.
7. 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.
8. Revenue and expenditure statement,or Profit and Loss statement,demonstrating the
cashflow of grant dollars.
A Complete Application includes:
1. Complete Early Childhood Affordability grant application
2. Documentation of an active childcare license with the State of Oregon Office of Child
Care
3. Proof of insurance commensurate with the coverage levels above
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
Note: Underutilized funding shall be subject to recapture by the City of Ashland and may be
re-awarded to performing programs or held in the General Fund for investment
Page 7 of 9: Grant Agreement Be6veen the City, of Ashland and Children's World
recommended by the 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.
Page 8 of 9: Grant Agreement Between the City of Ashland and Children's World
Exhibit B
City of Ashland
LIVING
9 employers it described
A
below WAGE
9Ashlandlaws regulating
payment of a living wage.
per Maur, effective,June 301 2023.
e Living Wage is adjusted annually :very 7hTh y
.tune 30 by the Consumer Price Index.
- . - portion of the business of of health care,retirement,
their employer,if the 401 K,and IRS eligible
employer has ten or more cafeteria plans(including
employees,and has received childcare)benefits to the
For all hours worked under a tlnandal assistance,for the employee's amount of wages,
serwice contract between their pro;oct or business from the
employer and the City of City olAsHand over Note: For temporary and
Ashland!it the contract $26,335,05; part-time employees,the
exceeds$25,335,05 or more, Living"gage does not apply
II their employer Is the City of to the first 1040 hours worked
For all hours worked in a Ashland.Including the Parks in any calendar year. For
month,if the employee and Recreation Department, more details,please see
spends 60%or more of the Ashland Municipal Code
employees time in that month Y In calculating the living wage, section 3,12,020.
working on a project or employers may add the value
For additional information:
Call the Ashland City Manager's office at 541-488-6002 or wwri a to the City Manager,
City Hall,20 East Main Street,Ashland,OR 97520,or visit the City"s welbsite at .asMand,orms.
Notice to Employers: This notico must be posted In areas where It can bo seen by all employees,
CITY OF
—ASH LAN D
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