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HomeMy WebLinkAbout2015-149 Grant Contract - ACCESS & ACRC CITY OF ASHLAND GRANT AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: ACCESS/Ashland Community Resource Center 20 E Main Street Address: PO Box 1360 Ashland OR 97520 Ashland, OR, 97520 (541) 488-5300 FAX: (541) 552-2046 Telephone: 541-482-3486 Term of this agreement: June, 2015 to June 30, 2016 Amount of grant: Total: $15,000 to manage and implement the Ashland JobMatch program, a service Connecting Ashland Community Resource clients with local jobs. L Contract made the date specified above between the City of Ashland and Grantee named above. RECITALS: City grants the identified amount for the stated purpose above. Pursuant to ORS 279A.025(2)(d), this Grant agreement [ORS 279A.010 (k) (A) (ii)] is not a public contract for purposes of ORS 279 A-C. City and Grantee agree: 1. Amount of Grant. Subject to the terms and conditions of this contract and attached project description marked as exhibit A , the City agrees to provide funds in the amount specified above. 2. Qualified Work. Grantee has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract 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 must also maintain a current City business license. 3. Use of Grant Funds. The use of grant funds are expressly limited to the activities in this contract as described in Exhibit A. Grantee shall acknowledge the City as a funding source as appropriate in all project final deliverables, both printed and electronic. I Grantee agrees to report on the use of grant funds following the event or prior to October 1St following the end of the grant award period (July 1-June 30), whichever occurs first. 4. Unexpended Funds. Any grant funds held by the Grantee remaining after the purpose for which the grant is awarded or this contract is terminated shall be returned to the City within 30 days of completion or termination. 5. Financial Records and Inspection. Grantee shall maintain a complete set of books and records relating to the purpose for which the grant was awarded 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 grant funds. 6. Living Wage Requirements. If the amount of this contract is $20,142 or more, and if the Grantee has ten or more employees, then Grantee is required to pay a living wage, as defined in Ashland Municipal Code Chapter 3.12, to all employees and subcontractors who spend 50% or more of their time within a month performing work under this contract. Grantees required to pay a living wage are also required to post the attached notice predominantly in areas where it will be seen by all employees. 7. Termination. a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Grantee, or at such later date as may be established by City 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 contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Grantee to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. 8. Default. If Grantee fails to perform or observe any of the covenants or agreements contained in this contract or fails to expend the grant funds or enter into binding legal agreements to expend the grant funds within twelve months of the date of this contract, the City, by written notice of default to the Grantee, may terminate the whole or any part of this contract and may pursue any remedies available at law or in equity. Such remedies may include, but are not limited to, termination of the contract, stop 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. 9. Amendments. The terms of this contract will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties. Such written modification will be made a part of this contract and subject to all other contract provisions. 10. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation's, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to 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). Grantee shall not be held responsible for damages caused by the negligence of City. 11. Insurance. Grantee shall, at its own expense, at all times for twelve months from the date of this agreement, maintain in force a comprehensive general liability policy, including coverage for contractual liability for obligations assumed under this Contract. The liability under each policy shall be a minimum of $1,000,000 per occurrence (combined single limit for bodily injury and property damage claims) or $1,000,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" basis. The City of Ashland, including its officers, employees and agents shall be named as an additional insured. Certificates of insurance acceptable to the City shall be filed with the City's Risk Manager or Finance Director prior to the expenditure of any grant funds. Grantee shall at its own expense provide 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. 12. Assignment and Subcontracts. Grantee shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Grantee shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Merger. This contract constitutes the entire agreement between the parties. There are no understandings, agreements or representations, oral or written, not specified in this contract regarding this contract. Grantee, by the signature below of its authorized representative, acknowledges that it has read this contract, understands it, and agrees to be bound by its terms and conditions. 14. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Grantee that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personal jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 15. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Grantee understands and agrees that City's payment of amounts under this contract 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 contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Grantee, with no further liability to Grantee. 16. Non-Discrimination. Grantee shall comply with all applicable federal, state and local laws, rules, and regulations on nondiscrimination because of race, color, ancestry, national origin, religion, sex, marital status, sexual orientation, age, medical condition, or disability. GRANTEE CITY OF ASHLAND 11F BY U I~,tt,k- By City Representative Title l`rja`~''~ Date Date Exhibit A AshlandJobMatch.Org- Where Ashland's full spectrum of skills and tasks meet. Job Seekers • Resume Assistance - Resources and templates for creating a viable working resume • "Ready to Work" registration o With evaluation/screening by staff, qualified job seekers can be registered on the site and enter preferences/keywords to auto filter the jobs available list to best fit their abilities, preferences and schedule needs • Performance scoring - Job seeker registration includes a section for employer to comment and grade the results of any prior job placement through the online system (0-5 stars, 1-10 scoring or similar) to assist employers in future selections or longer term hiring potential. Employers • Account Registration - Local businesses sign up to the site and commit/pledge a minimum number of hours or tasks to make available to registered job seekers • Job Postin.2 - Employers post jobs/tasks available, wage, min skill requirement, other minimum standards (uniform, indoor/outdoor, etc) • Post Employment Evaluation - Employers provide feedback on job seeker account, giving grade/rank and comment Grant Funded Costs by Component Database/Software Development To be contracted directly between City and software developer/provider to allow for additional leveraged future uses of the software. ACRC will have priority level administrator level access rights to the software and 30 day notification of any changes to or expanded uses of the software. The software system will contain: • Web based with associated (future phase) mobile app • Employer and Job seeker log-ins • Resume and other document upload ability • Administrator rights view of job listings, but not contact info until account log- in/registration complete • Job/task list sortable by hours, type of work, indoor/outdoor, ongoing vs. one time, etc • Reporting for program benchmarking, monitoring of placement effectiveness, etc Job Seeker Assistance $10,000 (estimate .25 additional ACRC staff) • General guidance • Basic skill assessment • Resume assistance • Qualification for system registration • Personal interface between job posters and potential client workers • Monitoring of post hiring evaluations/reporting from employers Exhibit A • Coaching/assistance for those that received poor evaluations/scores from employers to improve their readiness for another chance. Program Marketing/Outreach $5,000 - With City staff assistance and coordination to maximize outreach efforts across all available public marketing/outreach channels. • Advertising to potential employer base • Face to face outreach to key segments(restaurants, warehouses, landscapers, public agencies, etc) • Development of program brochures/flyers • Direct mailing materials and data Project Summary and Partner Responsiblities The estimated $20,000 ($15,000 grant funds to ACRC and $5,000 for City direct purchase of software system) project would be funded by the City utilizing Economic Development Program funds. City staff responsibilities include project launch coordination and assistance, management/development lead on software development, monitoring of effectiveness and assistance in elements of the marketing/outreach as needed. ACRC responsibilities include; providing the staffing and program oversight, management and operation, quarterly communication with City staff regarding program effectiveness and a written annual report outlining program activities, measures of performance/effectiveness, statistical summary of clients served, jobs filled, etc and number of ACRC staff hours devoted to the program over the reporting period.