HomeMy WebLinkAbout2024-160 Grant - Lomakatsi Restoration Project CITY OF ASHLAND
BUREAU OF LAND MANAGEMENT ORIWA FUELS GRANT
SUBAWARD AGREEMENT WITH
LOMAKATSI RESTORATION PROJECT
GRANTOR: CITY OF ASHLAND GRANTEE: Lomakatsi Restoration Project
20 E Main Street Address: 645 Washington St., Ashland, OR 97520
Ashland, OR 97520 Email: tom@lomakatsi.org
PHONE: (541) 488-6002 Telephone: (707) 975-5374
FAX: (541) 488-5311
Term of this Grant Agreement: September 30, 2023 to May 7, 2025
Grant Funds provided under this Agreement: $10,000.00
This Bureau of Land Management Subaward Agreement(hereinafter"Agreement") is entered into
by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City"), and
Lomakatsi Restoration Project(Domestic Non-profit, etc., ("hereinafter"Grantee")
NOW THEREFORE,, in consideration of the mutual promises and covenants contained
herein,the City and Grantee 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 fiends to Grantee in the
amount of$10,000.00. Grant funds shall be utilized or contractually committed during the term of
this Agreement.
2. Scope of Work. Grantee shall provide capacity services as more specifically set forth in the
Grantee's proposal, which is attached hereto as"Exhibit A" and incorporated herein by this
reference. Grantee's services and obligations under this Agreement are collectively referred to herein
as the "Work."
3. Qualified Work. Grantee has represented, and by entering into this Agreement now represents,
that any personnel assigned to the Work referenced in this Agreement 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 shall also maintain a current City business license.
4. Use of Grant Funds. The use of grant funds is expressly limited to the activities as set forth in
this Agreement and BLM Agreement. A copy of BLM agreement(L21AC10045-01) is attached
hereto as "Exhibit B" and incorporated herein by this reference.
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SUBAWARD AGREEMENT WITH LOMAKATSI RESTORATION PROJECT
5. 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 the grant ftmds.
6. Grantee agrees to submit a written report to the City on the use of the grant funds within sixty
(60) days following the expenditure of the funds, but in no event later than June 7t", 2025.
7. Unexpended Grant Funds. Any grant fluids not expended by May 7€11, 2025, shall be
immediately returned to the City.
8. Financial Records and Inspection. Grantee shall maintain a complete set of books and records
relating to the Work for which the grant funds were awarded. Such records shall be kept 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 the grant funds. Such access sliall be given within 72 hours' of
receiving notice of a request to inspect from the City.
9. Living Wage Requirements. If the total amount of grant funds awarded under this Agreement is
$21,127.46 or more, Grantee is required to comply with Chapter 3.12 of the Ashland Municipal
Code by paying a living wage, as defined in that chapter.
10. 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' prior written notice.
C. For Cause. City may terminate this Agreement, in whole or in part, effective upon
delivery of written notice to Grantee tinder 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 field by Grantee to
provide the Work required under this Agreement is denied, revoked, suspended,
or not renewed.
11. 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 carter 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 the grant funds, Grantee's payment of interest earned on grant fiends or the
declaration of Grantee's ineligibility for the receipt of future grant awards.
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SUI3AWARD AGREEMENT WITH LOMAKATSI RESTORATION PROJECT
In the event of termination of this Agreement, City shall stop payment or withhold any Grant funds
in City's possession from Grantee, and Grantee shall immediately return all unexpended and
unencumbered grant funds to City. In addition, City shall be entitled to recover any administrative
costs, including attorney fees or collection costs, as a result of Grantee's failure to return any grant
funds. 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.
12. Notice. Whenever notice is required or permitted to be given under this Agreement, such
notice shall be sufficient if given in writing and: (1) delivered personally to the addressee; (2)
sent via a reputable commercial overnight courier; or (3) mailed using registered or certified
United States Mail, postage prepaid, and return receipt requested, to the address set forth.below:
If to the City:
City Department: Fire
Attn: Sara Jones
Address: 455 Siskiyou Blvd
Ashland, OR 97520
Phone: (541) 552-2218
With a copy to:
City of Ashland Legal Department
20 East Main Street
Ashland, OR 97520
Phone: (541)488-5350
If to Grantee:
Grantee's Name: Lomakatsi Restoration Project
Attn: Tom Greco
Address: 645 Washington St.,Ashland, OR 97520
Email: tom@lomakatsi.org
Phone: (707) 975-3574
Any such notice delivered by personal delivery shall be deemed delivered and effective upon actual
receipt. Any such notice sent by United States Mail, postage prepaid, shall be deemed delivered and
effective five (5) business days after mailing. Any notice sent by commercial overnight courier shall
be deemed delivered and effective three (3) business days after dispatch.
13. Amendments. This Agreement may not be altered, modified, supplemented, or amended in any
manner except by written instrument signed by both parties.
14. Indemnity. Grantee hereby 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,
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
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SUBAWARD AGREEMENT WITH LOMAKATSI RESTORATION PROJECT
designated by Grantee to perform work or services attendant to this Agreement). However, Grantee
shall not be held responsible for any losses or damages caused by the sole negligence of the City, its
officers, and employees.
15. 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. The insurance required in this Section 15 shall include
the following coverages:
Comprehensive General or Commercial General Liability, including personal injury,
contractual liability, and products/completed operations coverage; and
• Automobile Liability.
16. Workers' Compensation Insurance. Grantee shall, at its sole expense, provide Workers'
Compensation insurance in compliance with ORS 656,017, which requires subject employers to
provide Oregon workers' compensation coverage for all its subject workers.
17.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 mull and void.
18. 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.
19. Non-appropriations 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.
20. Non-Diserimination. 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.
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SUBAWARD AGREEMENT WITH LOMAKATSI RESTORATION PROJECT
21. Merger. This Agreement constitutes the entire understanding between the parties. There are no
understandings, agreements, or representations, oral or written, between the parties not specified in
this Agreement regarding the Work herein. 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.
LOMAKATSI (GRANTEE): CITY OF ASHLAND:
By: �- By. 1��
Printed Name: Marko Bey Printed Name: }z 1 p� So •�
Title: Executive Director Title:
Date: July 10, 2024 Date: -j—Lj + �
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