Loading...
HomeMy WebLinkAbout1996-113 Block Grant - CERVSCITY OF ASHLAND COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT Grantee: Community Emergency Resources and Vital Services (C.E.R.V.S.) Address: P.O. Box 4124, Medford, OR 97501 Date agreement begins (11): Date agreement ends (11): July 1,1996 June 30, 1997 Special requirements for this grant (13): See the attached Exhibit A. Grant funds to be used only for the following services (14): Salaries, which may include medical benefits, for staff at the Interfaith Care Community of Ashland's (ICCA) Homeless Resource Center. Plan date (117.3): August 30, 1996 Progress report date (117.4): December 13, 1996 Summary report date (117.5): May 17, 1997 Agreement between the City of Ashland (City) and the above-named Grantee. RECITALS: A. City has been awarded grant funds from the federal Community Development Block Grant program to operate ongoing public service programs for the 1996-97 fiscal year. B. City has agreed to receive grant funds from the CDBG program and disburse such funds to Grantee to fund Grantee's services. The purpose of this agreement is to establish terms for disbursement the grant funds. 1-AGREEMENT FOR FUNDING CDBG GRANT (p:\agtee\cdhg-kel,k)lAugust 5, 1994) City and Grantee agree as follows: 1. Term: The term of this agreement shall begin on the date specified above and shall continue through the date specified above. Grantee's obligations, however, concerning compliance with laws, use of grant funds, repayment of misused funds, indemnity, records, reports, and audits shall survive beyond termination or expiration of this agreement. 2. Authority of the Community Development Department Director "Director" A: The Director shall have the authority to administer this agreement on behalf of City. The Director shall have complete authority to approve disbursement of grant funds to Grantee, interpret and define City's policies, and make other decisions with respect to this agreement. 3. Conditions of Grant: This agreement shall be subject to the conditions of the grant that was awarded to City by the U.S. Department of Housing and Urban Development, Office of Community Planning and Development, Community Development Block Grant Program for the Federal fiscal year 1996. In addition the Grantee shall comply with the special requirements specified in the table on page 1. 4. Services: Commencing July 1, 1996, Grantee shall perform the services funded by the grant. Grant funds may be used only for the services specified in the table on page 1. 5. Disbursement and Use of Grant Funds: Any grant funds spent for purposes not authorized by this agreement shall be refunded to City. Grantee shall defend, indemnify, and hold harmless City and its officers and employees from any claims, actions, penalties, damages, or other expenses resulting from misuse of any funds by Grantee. 6. Indemnification: 6.1. Grantee's services are not part of the regular operations of the City of Ashland and Grantee shall not be deemed an agent of City under the Oregon Tort Claims Act. 6.2. Grantee shall defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, 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). 6.3. Grantee shall not be held responsible for any losses claims, actions, costs, judgments, damages, or other expenses directly, solely, and proximately caused by the negligence of City. 2-AGREEMENT FOR FUNDING CDBG GRANT (PA\9e .dbg-kd.k)(Auguv 5. 1994) 7. Insurance: Grantee shall, at its own expense, at all times during the term of this agreement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, owner's and contractor's protective insurance and comprehensive automobile liability including owned and non- owned automobiles. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the City shall be filed with City's Risk Manager prior to the commencement of any services by Grantee under this agreement. These certificates shall contain provision that coverages afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. 8. Workers' Compensation Coverage: Grantee shall provide workers' compensation coverage for all persons employed to perform services. Grantee is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to performing any services, Grantee shall certify to City that Grantee is either a carrier insured employer or a self-insured employer. If Grantee is a carrier insured employer, Grantee shall provide City with a certificate of insurance. If Grantee is a self-insured employer, Grantee shall provide City with certification from the Oregon Department of Insurance and Finance as evidence of Grantee's status. 9. Compliance With Law: Grantee shall perform Grantee's obligations under this agreement in accordance with all applicable statutes, ordinances, rules and regulations now or hereafter in effect. 10. Default: 10.1. There shall be a default under this agreement if either party materially fails to comply with any provision of this agreement within thirty days after the other party gives written notice specifying the breach. If the breach specified in the notice cannot be completely cured within the thirty day period, no default shall occur if the party receiving the notice begins curative action within the thirty day period and thereafter proceeds with reasonable diligence and in good faith to cure the breach as soon as practicable. 10.2. Notwithstanding subsection 10.1, either party may declare a default without allowing an opportunity to cure if the other party: 10.2.1. Repeatedly breaches the terms of this agreement or the grants; 10.2.2. Commits acts or omissions that jeopardize the health, safety, or security of persons who receive services; 3-AGREEMENT FOR FUNDING CDBG GRANT Ipaagree\cdbg-ke1.k)1Auguu 5, 1994) 10.2.3. Misuses funds; 10.2.4. Intentional falsifies records; or 10.2.5. Intentionally refuses to comply with the provisions of this agreement or the grants. 10.3. In the event of a default, before either parry may bring an action in any court concerning this agreement, such party shall first seek in good faith to resolve the issue through negotiation, mediation or other non-binding alternative dispute resolution process. 10.4. Pending final resolution of a dispute, or pending termination of this agreement, the parties shall proceed diligently with the performance of this agreement. 10.5. If a default occurs and it is not resolved under subsection 10.3, the party injured by the default may elect to terminate this agreement and pursue any equitable or legal rights and remedies available under Oregon law. Any litigation arising out of this agreement shall be conducted in Circuit Court or District Court of the State of Oregon for Jackson County. 11. Liability of City. The liability of City for monetary damages for breach of this agreement shall, in the aggregate, be limited to the amounts received for the services through grants. In no event shall City be liable to Grantee for any indirect, special or consequential damages even if the Grantee previously advised City of the possibility of such damages. 12. Termination Without Default: 12.1. In addition to the right to terminate for default under Section 10.1 City may terminate all or part of this agreement by written notice to Grantee if any of the following events occur: 12.1.1. Funding for the services from the CDBG is terminated or is not continued at levels sufficient to pay for the services; or 12.1.2. Changes in federal or state regulations abrogate or disallow procurement of services under this agreement. 12.1.3. Any letter of approval, license, or certificate required by law or regulation to be held by Grantee to provide services is denied or revoked or is not renewed. 12.2. If practicable, City will endeavor to give Grantee notice of termination under this section 30 days prior to the termination date, but failure to give notice within that time frame shall not invalidate City's decision to terminate. 4-AGREEMENT FOR FUNDING CDBG GRANT (pAao-\cdbg-ke1.k)fA000$t 5, 19941 13. Encumbrance or Expenditure After Notice of Termination: After notice of termination, Grantee shall not expend or encumber funds for the services without written approval from City. 14. Independent Contractor: 14.1. Grantee is an independent contractor under the standards established in ORS 701.025. 14.2. Grantee shall be responsible for payment of all Social Security, Federal and State taxes on wages paid to Grantee's employees. 14.3. Grantee's employees shall not be deemed an employees of City and shall not be entitled to any benefits that generally are granted by City to City employees, such as vacation, holiday and sick leave, other leaves with pay, medical and dental coverage, life and disability insurance, overtime, Social Security, workers' compensation, unemployment compensation and retirement benefits. 15. Notices: 15.1. Any notice required to be given under this contract, or any notice required to be given by law, shall be in writing and shall be given by personal delivery, mail, or facsimile transmission. 15.2. Notices to City shall be mailed or delivered to Director, Community Development Department, City Hall, 20 East Main Street, Ashland, Oregon 97520. 15.3. Notices to Grantee shall be mailed or delivered to the address specified in the table on page 1. 16. Records: 16.1. Grantee shall develop and maintain records on a current basis which are adequate for evaluating the efficiency and effectiveness of the Grantee's operations. Grantee's records shall provide a clear distinction between the expenditures and revenues related to the grant and the expenditures and revenues related to Grantee's other operations. 16.2. Grantee shall retain all financial records pertinent to this agreement for a period of three years, or such longer period as may be prescribed by statute or administrative rules. 17. Reporting: 17.1. Grantee shall prepare and furnish reports and data as may be requested by City for purposes of monitoring Grantee's services. 5-AGREEMENT FOR FUNDING CDBG GRANT (u:%ag-1cdng-ke1.k)jAugust 5, 1994) 17.2. Client demographics and service information shall be collected and reported to the City, including number and demographic characteristics (age, sex, ethnicity, family size, City of residence) of individuals and families served. Data elements may be modified based on federal grant requirements. 17.3. By the date specified in the table on page 1, Grantee shall submit a written plan to the City including a narrative description of the services to be provided and a line item budget. 17.4. By the date specified in the table on page 1, Grantee shall submit a progress report to the City which shall include a brief narrative description of progress in implementing services and data on number of clients served. 17.5. By the date specified in the table on page 1, Grantee shall submit a summary report including: 17.5.1. A narrative description of progress in implementing services and any problems encountered by Grantee; and 17.5.2. The number and demographic characteristics of clients served during the grant period. 18. Inspection and Audit by City: 18.1. Grantee's policies, procedures, performance data, financial records and other similar records of Grantee that pertain to the services shall be open for inspection by City at any reasonable time. City shall have the right to inspect and audit all of Grantee's financial records at any time during the term of this agreement or within three years following the termination of this agreement. 18.2. Subsection 18.1 is not intended to limit the right of the City to make inspections or audits as provided by law or administrative rule. 18.3. In the event an audit reveals that Grantee was overpaid by City, Grantee shall promptly reimburse City for such overpayment. 19. No Waiver: No provision of this agreement shall be deemed waived unless such waiver is in writing and signed by the party waiving its rights. Any waiver of a breach by either party, whether express or implied, shall not constitute waiver of any other different or subsequent breach. 20. Successors: The successors, assigns and legal representatives of Grantee and City shall be subject to all provisions of this agreement. Grantee shall not assign Grantee's rights or obligations under this agreement or subcontract any services without prior written consent of City. 6-AGREEMENT FOR FUNDING CDBG GRANT (p:\agiee\cdbg-keLk)(Augun b, 1994) 21. Severability: If any provision of this agreement is held to be invalid, such invalidity shall not affect any other provision of this agreement. This agreement shall be construed as if such invalid provision had never been included. 22. Entire Agreement: This agreement, exhibits attached to this agreement, and documents incorporated by reference in this agreement constitute the final and complete agreement of the parties concerning the services and supersede all prior and existing written or oral understandings pertaining to the services except as otherwise continued in effect by the terms of this agreement. No modification of this agreement shall be valid unless it in writing and signed by the parties. GRANTEE: By: 'q!I'L Title: ' CITY O ASHl?A1N N BY- Tit City Administrator ?''" By: Title: 7-AGREEMENT FOR FUNDING CDBG GRANT (pAagree\cd5g-ke1.k)(AuguM 5, 1994) EXHIBIT A SPECIAL REQUIRMENTS 1. Grantee shall determine eligibility for CDBG funded vouchers according to the following HUD 1996 Family Income Guidelines for Ashland, Oregon. Only Ashland households within this income range will be served with CDBG funds. HOUSEHOLD SIZE LOW INCOME MODERATE INCOME 1 $12,300 $19,700 2 $14,100 $22,550 3 $15,850 $25,350 4 $17,600 $28,150 5 $19,000 $30,400 6 $20,400 $32,650 7 $21,800 $34,900 8 $23,250 $37,150 2. Grantee shall maintain documentation on unduplicated households receiving services funded by CDBG. Documentation shall include information on residency, income, ethnic data, female head of household, and disability status. Data shall be gathered on intake forms, summarized and submitted to City on a quarterly basis. Any unusual or unreasonable income data shall be verified prior to providing CDBG funded services. 3. Grantee shall provide all services funded by CDBG free of charge to eligible very low and moderate income City of Ashland residents. No revenue/program income shall be earned through these services. 4. Grantee shall comply with all applicable federal, state, and local laws, rules, ordinances, and regulations at all times and in the performance of the public service. Grantee shall comply with the requirements and standards of HUD Section 504 of the Rehabilitation Act of 1973 (as amended) as it pertains to provision of public services through City, an agency designated as a recipient organization as it applies to Section 504 regulations. Grantee shall ensure that no person be excluded from participation in or be denied PAGE 1-Exhibit A - Special Requirements (p:plan ninglcdbg.exa) benefits or be subjected to discrimination in any programs, activities, facilities, housing, or employment opportunities based on race, color, national origin, religion, sex, age, familial status, or handicap in accordance with P.L. 88-352 (Title VI), P.L. 90-284 (Title VIII), Executive Order (E.O.) 11063, as amended by E.O. 12259, Section 109 of the Act, E.O. 11246, as amended by E.O. 12086, and Section 3 of the Act. Grantee shall ensure access to records, as necessary, to provide effective monitoring and evaluation by City of Grantee's program performance. Upon reasonable advance notice, City, or its authorized representative may from time to time inspect, audit, and make copies of any of Grantee records that relate to this contract. 5. Check ONE of the following: 5.1. Grantee represents that it is, or may be deemed to be, a religious or denominational institution or organization, or an organization operated for religious purposes, which is supervised or controlled by, or in connection with a religious or denominational institution or organization. YES NO 5.2. If yes, Grantee agrees that, in connection with CDBG funded public services: 5.2.1. There are no religious services, proselytizing, instruction, or any other religious influences in connection with the food box distribution program; 5.2.2. There is no religious discrimination in terms of employment or benefits under the public services; and 5.2.3. The portion of the facility used for this program shall contain no sectarian or religious symbols or decorations. PAGE 2-Exhibit A - Special Requirements (p:planninglcdbg.exa)