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HomeMy WebLinkAbout2002-199 Funding Agrmt - Jackson County - No SD0015 FUNDING AGREEMENT Terms and Conditions for Jackson County Funding For Project Pursuant To: Public Law 106-393, Title IH Recipient: City of Ashland Project Name: Implementing Community Forestry Across an Urban Wildland Interface Address: 20 East Main Street, Ashland, OR 97520 Amount of Award: $30,000 Contact: Keith Woodley Title Il/Category: 5 Phone #: (541) 488-6002 A. Definitions: 1) "BOC" means Jackson County Board of Commissioners. 2) "Department" means Department of Economic and Special Development. ~ 3) "Parties" means Jackson County and Recipient. : 4) "Project" means subject matter for which Recipient is receiving funds. 5) "Project Manager" means that Jackson County employee responsible for administering the County's Title Ill program. Agreement. B. Funding Objectives: 1) To establish and conduct programs that further the intent and purposes of PI~ 106-393. 2) To achieve project as referenced in Exhibit A of Board Order #322-02, Implementing Community Forestry Across an Urban Wildland lnterface, application on file. C. Funding Outcomes: I) See, Implementing Community Forestry Across an Urban Wildland Interface, application on file. D. Funding Conditions: 1) The Recipient may use the funds only to meet objectives established under pL 106-393 and. those elections made by Jackson County Board of Commissioners for Tltle 1TI projects, Order 322-02. 2) No changes or adjustments to the Project or its budget are permitted withoU~ submission of a detailed request to - and approved by - the Project Manager. Project Manager may allow budgetary changes within limits set forth in the award amount. 3) The project duration may be extended if the Project Manager deems an exteltsion reasonable. A request for an extension must be submitted in writing and aPproved prior to expending funds beyond the project period or the expenditures may not be reimbursed. 4) The Jackson County Board of Commissioners will appropriate funds for the !project annually. An application must be submitted to the County each year. The Jackson County Board of Commissioners may consider available funding, project pr6gress and benefits, continued eligibility of the project under PL 106-393, and the relative priorities of projects under Titles 11 and 111 of PL 106-393. The Jackson County Board of Funding Agreement -- Page 1 Commissioners may also consider any other factors it deems appropriate. The County is not obligated to extend, continue or renew funding for the project. 5) If Recipient fails to comply with any term of this award, the County may t,3ke one or more of the following actions: (a) Temporarily withhold cash payments pending correction of the deficiency by the Recipient, Co) Disallow all or part of the cost of the activity or action not in compliance, (c) Wholly or partly suspend or terminate the current award for the Recipient program, (d) Withhold further awards for the program, or (e) Take other remedies that may be legally available. E. Payment of Funds: 1) The project account number shall be SD0015. This number shall be referenced on all correspondence including, but not limited to invoices and progress reports. 2) The Recipient shall submit invoices either quarterly or monthly to the proj~ ;ct account number by delivery to the Department. Quarterly invoices shall reflect set rices for the quarter ending December 31, March 31, June 30, and September 30, and s~ all be due for such services within thirty (30) days of each respective date. 3) Invoices for materials and services for the quarter ending June 30 shall be ~ eceived by the County no later than August 1. 4) The invoices shall describe all services performed with particularity, by whom and on the date it was performed, the number of hours spent performing such work, and shall itemize and explain all expenses for which reimbursement is claimed. 5) The Department shall reimburse project expenses upon review and approval of invoices by the Project Manager and submission of funding requests to the County Finance Department. F. Reporting and Records: 1) The Recipient shall designate its own project ~, _ma~,ger to coordinate purchasing, accounting and reporting with thc Department s Project Manager. The ReCipient shall notify the Department of thc name, business mailing address, telephone number, fax number and c-mail address of its project manager within ten (10) days of s~guing this Agreement. . 2) Notwithstanding anything in this Agreement to the contrary, Recipient shall prepare and maintain all financial records relating to this Agreement in accordance w/tl~ generally accepted accounting principles, and federal circulars (as applicable). In ad¢ition, l~ecipient shall prepare and maintain any other records pertinent to this contract in tach a manner as to clearly document Recipient's performance hereunder. 3) The Recipient shall submit a quarterly statement of progress on the projecti and prepare an annual report to the County that summarizes the progress made. This r~port shall be submitted with the invoice for the corresponding quarter. 4) The Department's ProJect Manager ~s responsible for momtonng expensest budgeting and reporting. The Project Manager's address is 10 South Oakdale Ave., l~ledford, Oregon, 97501. The phone number is (541) 774-6007 and the fax number is (541) 774- 6455. Funding Agreement -- Page 2 G. Program Review and Record Inspection: Recipient acknowledges and agrees that County and its duly authorized representatives shall have access to such financial records andt9 all other books, documents, electronic files, papers, plans and writings of Recipient in order to evaluate Recipient's compliance with the use of funds for achieving program goals and objectives. Furthermore, Recipient shall permit authorized representatives of Jackson County to perform site reviews of all services covered by this Agreement for the purpose of performing examinations and audits, and making excerpts and transcripts. H. Modification: Any modifications to this Agreement shall be in writing and signet, by both parties before they become effective. L Termination: This Agreement may be terminated by the mutual consent of the pm ties, or by either party upon thirty (30) days written notice unless a shorter period is agreed to by both parties. Notice of termination shall be accomplished in writing, and delivered by ee~'tiffed mail or in person. Jackson County, by written notice of default, may terminate this Agreert ent if Recipient fails to fulfill any of the Agreement's conditions or violate any terms of ti xe Agreement. Jackson County may, however, in its sole discretion, upon discovery o:! any violations of any provision of this Agreement, cause funds or services to be withhel fl, reduced, or terminated, pending correction of the violation(s). Upon correction of the violation(s), the terms, provision, and conditions of this Agreement may be reinstated at the option of Saek~ on County. J. Independent Contractor: The Recipient represents and warrants that Recipient (i) is not an employee of Jackson County, Oregon, (ii) is not currently employed by the FederalGovemment, and (iii) meets the independent contractor standards of ORS 670.600. Recipient is not an "officer", "employee", or "agent" of Jackson County, as those terms are used in OR~ 30.265. K. Compliance with Laws: Recipient agrees to be further bound by and shall comply with all federal, state and local statutes, rules, regulations, ordinances and laws applicable t9 this Agreement. Recipient shall maintain all licenses, certificates, authorizations and other approvals required by applicable law to deliver the service(s) provided under this Agreement. L. Indemnification. Recipient shall indemnify, defend, and save harmless Jackson Cognty, and its officers, employees, and agents, from and against all claims, suits, actions, losses, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of or relatin~ to the operations of the Recipient, including, but not limited to the activities of Recipient ~its officers, employees, subcontractors or agents in relation to this Agreement. M. Merger Clause: This Agreement constitutes the entire agreement between the parti, :s. No waiver, consent, modification or change of terms of this Agreement shall bind eithez party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. T] tere are no understandings, agreements, or representations, oral or written, not specified herein :egarding this Agreement. Recipient, by signature of its authorized representative, hereby acle aowledges that s/he has read this Agreement, understands it and agrees to be bound by its terms and conditions If Recipient is a corporation or other entity, each individual executing th .s Agreement on behalf of said entity represents and warrants that s/he is duly authorized to execute and deliver this Agreement on behalf of said entity, in accordance with the by-laws of said entity, and that Funding Agreement -- Page 3 this Agreement is binding upon said entity. N. Litigation or Settlement of Disputes. If suit or action is instituted in connection With any controversy arising out of this Agreement, the prevailing party shall be entitled to r~cover from the losing party, in addition to all other sums and allowable costs, its reasonable attorney fees, both in preparation for and at trial and any appeal or review, such amount to be set by the court before which the matter is heard. For purposes of this section, attorney fees may include the reasonable value of the services of in-house or staff counsel. Recipient Acceptance: Jackson County Admini~ ltrator: /~" ~t ~ Susan E. Slack ~ate) / ~ ~ate) STATE OF O~GON ) ) Co~ of Jae~on ) n for, ¢ . ~ day of 02, by lS of~. - - - ' for~eSmteof~e 'egon My comssion expires:~ ~ STA~ OF O~GON ) ) Co~ of Jac~on ) ~e forego~g ins~ment was ac~owledged before me ~is ~y of November, 2~2, by Sus~ E. Slack ~ ~e Co~ Adminismtor of Jac~on Co~. / Notary Public for the State of Oregon My commission expires: Funding Agreement -- Page 4