HomeMy WebLinkAbout2015-395 Grant - Center for Nonprofit Legal Services
CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE: Center for Nonprofit Legal Services, Inc.
20 E Main Street Address: PO Box 1586
Ashland OR 97520 Medford OR 97581
X541 } 488-5300 Telephone: X541 } 779-7292
FAX: X541 } 552-2059
Term of this agreement: July 1, 2015 to June 30, 2017
Amount of grant: which will be disbursed twice: $5000
Once at July 1, 2015 and once at July 1, 2015 adjusted for inflation.
Budget subcommittee: Social Service Grant
Contract made the date specified above between the City of Ashland and Grantee named above.
RECITALS: Gity has reviewed Grantee's application for a grant and has determined that the request merits
funding and the purpose for which the grant is awarded serves a public purpose. This Grant agreement (ORS
279A.010 (i} ~A} (ii)} is not a public contract for purposes of ORS 279 A-C. ORS 279A.010 (x}.
Ci#y and Grantee agree:
1. Amoun# of Grant. Subject to the terms and conditions of this contract and in reliance upon Grantee's
approved application, the City agrees to provide funds in the amount specified above, Grant funds shall be
utilized or contractually committed in the fiscal year which they are awarded.
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 banded
by the State of Oregon, are so registered, licensed and banded. 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 the grant application
with modifications, if any, made by the budget subcommittee designated above.
Grantee shall acknowledge this program is funded in part, or total, by Ashland taxpayers in printed and
electronic announcements, notices and advertisements intended for public distribution (example "This
program is partially funded through Ashland lodging tax revenues"}.
Grantee will report in writing on the use and effect of granted monies compared to the original request~~as
modified) per the following:
a, Within 90 days of the event completion Single event applications before June 30, 2017}
b. As part of a subsequent application for grant funds from the City, if funding has been completely
used by grantee (Spring 2Q17}
c. Within 90 days of the end of the current budget fiscal year, whichever is earlier r~October 1, 2017)
Grant applicants awarded less than $2,500 are encouraged to maintain documentation to this effect but are
not required to submit a report unless requested by the City except under 2 b. above.
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 far which the grant was awarded in accordance with generally accepted accounting principles.
Grantee fives the Cit and an authorized re resentative of the City access to and the right to examine all
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books, records, papers or documents relating to the use of grant funds.
6. living Wage Requirements, If the amount of this contract is $2g,142.2fl ar more, and if the Grantee has
ten ar 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°/° ar 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.
1, 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 3g days' notice in
writing and delivered by certified mail ar 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. l#Cityfunding from federal, state, county orothersaurces is not obtained and continued
at leve{s sufficient to allow for the grant;
ii. If federal ar 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; ar
iii. fif 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 ar absence any of the covenants or agreements contained in this
contract ar 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 whale or any part of this contract and may pursue any remedies available by 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 an 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 casts, 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 a~ditian 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, casts, expenses, judgments, subrogations, or other
damages resulting from injury to any person including injury resulting in death, ar damage including lass 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 ar 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 personam 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. NonappropriationsGlause. 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.
Gran#ee 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.
GRANT E CITY OF ASHLAND
i~ -
By By
' Finance Director r,j;.
Title ~ i
Date ~ / ~ ~ ~
Date ~~i