Full Text
AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND HEART OF THE ARTS, INC. IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1912 BUILDING- SENIOR CENTER PROJECT (ICDBG-1011-06-SR) THIS AGREEMENT REGARDING AN IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 1912 BUILDING - SENIOR CENT.ER - PROJECT (ICDBG-1 Oll-06- SR) is entered into this day of , A l - , 20 i 0 by and betFeen the City Of Moscow, Idaho, a municipal corporation oe of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "'CITY ) and Heart of the Arts, Inc., an Idaho non-profit organization.Jait'Ffi-g·º»>:Programs and operations manager, 412 East Third Street, Moscow, Idaho, GHIfrJ' (hehiJ K·fferred to as "HAl"); 1 • : , ; . '1 WHEREAS,1¸Jdittcl to -yns e that CITY can rely upon HAl to provide their cash and in-kind commitdent to the ,{lbo\re- ferenced Project 1912 ¼up9ing - Senior Center Project [ICDBG-\1 OIP06J5R]j; / . . . . ' i ' g . NOW, wiiLRE,FQRM ,::NOePQises considered, CITY and HAl hereby agree as follows: . HAl agrees to the tenns and conditions set forth in the ICDBG-1 OII-06-SR Contract, which is attached hereto and made a part of this Agreement, the same as if fully copied herein. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first above written. CITY OF MOSCOW HEART OF THE ARTS, INC. ATTEST ---PAGE BREAK--- STATE OF IDAHO COUNTY OF La+o. ACKNOWLEDGMENT ) ) ss: ) On this qrv day of \ , 2010, before me, a Notary Public in and for said State, appeared b\avY V\1\oor{.., , known to me to.b¹ the person named above and acknowledged that he/s e executed the foregoing docun1ent as the duly auth01ized representative for Heart of the Arts, Inc. NUdtiLeo Residing at VV\.oro My commission expires -lY.z.A L 1- ---PAGE BREAK--- Date: July 16,2010 To: The Honorable Nancy Chaney Mayor, City of Moscow PO Box 9203 Moscow, ID 83843 IDAHO DEPARTMENT OF COMMERCE c. L. "BUTCH" OTIER, GOVERNOR DONALD A. DIETRICH, DIRECTOR From: Tony Tenne, Community Development Specialist Re: ICDBG-10-II-06-SR THE FOLLOWING DOCUMENTS HAVE BEEN PROVIDED TO YOU FOR YOUR: Review: D Action: t Signature: D 0CONTRACT tEXECUTED CONTRACT 0 CONTRACT AMENDMENT 0 EXECUTED AMENDMENT 0 ENVIRONMENTAL RELEASE 0 FINDING OF EXEMPTION 0 SUBCONTRACT APPROVALS 0 ADDITIONAL CLASSIFICATION 0 CONTRACT AWARD APPROVAL 0 BID DOCUMENT APPROVAL 0 PHONE CONVERSATION FOLLOW UP OOTHER COMMENTS: (Sign both copies and return to our office.) (Retain document in your Rroject file.) (Sign both copies and return to our office.) (Retain document in your project file.) (Retain document in your project file.) (Retain document in your project file.) (Retain document in your project file.) Please retain this executed contract in your project file. Tony Tenne 700 West State St. PO Box 83720 Boise, ID 83720-0093 [PHONE REDACTED] ext. 2111 cc: Alisa Stone 700 West State Street • Boise, Idaho 83720-0093 • Tel: [PHONE REDACTED] • Fax: [PHONE REDACTED] • Web: commerce.idaho.gov Equal Opportunity Employer ---PAGE BREAK--- IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANTEE NAME: GRANTEE ADDRESS: PROJECT TITLE: CONTRACT NO: City of Moscow P.O. Box 9203, Moscow, ID 83843 1912 Building - Senior Center Project ICDBG-1 0-II-06-SR CFDA 14.228 This Contract is made pursuant to the Idaho Community Block Grant Program {ICDBG) and is entered into between the Idaho Depattment of Commerce (DEPARTMENT), and the City of Moscow (GRANTEE). The DEPARTMENT and GRANTEE hereby agree as follows: 1. Compliance Requirements: GRANTEE, sub-recipients, contractors, and subcontractors, receiving ICDBG funds shall comply with 24 CFR, part 570 Community Development Block Grants and applicable subparts as amended; the terms and conditions of Federal Grant Number B-1 0-DC-16-000 I; the procedures in the DEPARTMENT's ICDBG Application Handbook and Grant Administration Manual; and the DEPARTMENT's most current consolidated plan. GRANTEE shall also comply with the federal laws and adopted citizen participation plan as certified to by the chief elected official on the certification page of the GRANTEE's application. 2. ICDBG Amount: The maximum amount of ICDBG assistance awarded by this Contract is One Hundred Forty Three Thousand, Sixty Six Dollars ( $143,066). 3. Match: GRANTEE shall provide Seventy Seven Thousand Seven Hundred Dollars ($77,700) in matching funds for the purposes of completing this project. In the event costs exceed the total dollars budgeted for the project, GRANTEE shall be responsible for providing the additional funds needed to complete the project. 4. The Project: Attached hereto as Attachment and incorporated herein is the Scope of Work and Project Schedule. At a minimum, Attachment shall consist of the following components: a. Construction Scope of Work b. Design professional and grant administration c. Furthering Fair Housing Plan d. 504 Accessibility and Transition Plan e. National Objective f. State goals and strategies g. Schedule 5. Environmental Standards and Conditional Commitment of Funds: GRANTEE and not the Sub-recipient hereby assumes responsibility for the completion of an environmental review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and related laws, as furthered by HUD regulations contained in 24 CFR part 58 and the ICDBG Grant Administration Manual. Notwithstanding any provision of this Contract, the parties hereto agree and acknowledge that this Contract does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only after satisfactory completion of the ICDBG's environmental review process under 24 CFR Part 58 and issuance of the DEPARTMENT's Notice of Concurrence. The parties further agree that the payment of any funds by the DEPARTMENT under this Contract is conditioned on the DEPARTMENT's determination, in its sole discretion, to proceed with, modify or cancel the project based on the results of a subsequent environmental review and agreement upon and implementation of the mitigation measures required by the DEPARTMENT pursuant to Section 6 ofthis Contract. 6. Mandatorv Mitigation Measures: The GRANTEE must implement the mitigation measures as identified in Attachment ICDBG Contract Page I of9 ---PAGE BREAK--- 7. Sub-recipient Agreements: Not Applicable. 8. Additional Assurances: G RANTEE shall remain fully obligated under this Contract notwithstanding GRANTEE's designation of third parties for the undertaking of all or any part of the Project that is the subject matter of this Contract. 9. Special Conditions: Not Applicable 10. Relationship of Contracting Parties and Indemnification: Grantee specifically recognizes and acknowledges that nothing contained in this Agreement shall create, or be deemed to create between GRANTEE and the DEPARTMENT any principal-agent, master-servant, joint venture or employer-employee relationship. G RANTEE is solely responsible for the completion of the project, and agrees to complete the project in accordance with the terms of this Contract. GRANTEE shall defend, protect, and hold harmless the Department and the State of Idaho, and all officers, employees, and agents thereof, against all claims, suits or actions arising from any act of omission or commission of GRANTEE or any of its employees, Sub-recipients or agents while performing any work, services, or activities, or providing any materials relating to or in connection with the performance of this Contract. I I. Period of Performance: Work on the Project covered by this Contract began on April 21, 20 I 0, and shall continue as set forth in Attachment until the Project is completed and closed-out. If G RANTEE has not completed the Project and submitted all ICDBG close-out documents within one ( I) year from the I 00% Construction Complete date as set forth in Attachment all remaining and unexpended ICDBG funds will be retained by the DEPARTMENT. 12. Project Budget & Payments: Attached hereto as Attachment and incorporated herein is the Project Budget. GRANTEE shall adhere to the budget as outlined in Attachment ICDBG funds cannot be shifted to new activities or between approved activities without an amendment to both Attachments and The use of ICDBG funds for administrative costs shall not exceed a maximum of 10% of the total ICDBG award. GRANTEE may periodically request grant funds up to I 00% of the value of work performed for all items in the budget, except for the administration and construction line items as provided in the paragraphs below. If the DEPARTMENT is satisfied in its sole discretion with the payment request, the DEPARTMENT may pay the amount requested within thirty (30) days from receipt of the request. GRANTEE shall certifY that all work that is billed to the DEPARTMENT is complete at the time of the billing. GRANTEE shall be responsible for any discrepancy or error in billing or documentation. Payment for alliCDBG construction funds may be up to ninety-five percent (95%) of the total ICDBG construction line item as identified in Attachment The remaining 5% of ICDBG construction funds shall be released upon the DEPARTMENT's approval of the GRANTEE's certificate of substantial completion and other close-out documents as determined by the DEPARTMENT. GRANTEE must demonstrate to the DEPARTMENT that all applicable ICDBG requirements have been satisfied and that all Contract Project files are complete. G RANTEE must submit to the DEPARTMENT all required documentation. The DEPARTMENT shall retain at a minimum 5% of the ICDBG funds budgeted for administration as identified in Attachment until GRANTEE demonstrates to the DEPARTMENT's satisfaction that GRANTEE has met the national objective and complied with all ICDBG grant requirements. Eligible project costs incurred prior to this Contract's effective date may be approved at the DEPARTMENT's discretion, but only if the environmental review for that activity has been completed. 13. Remedy for Noncompliance: If the DEPARTMENT determines in its sole discretion that GRANTEE has failed to comply any term or condition of this Contract, the parties agree that the DEPARTMENT's obligation ICDBG Contract Page 2 of9 ---PAGE BREAK--- to make payments under this Contract is suspended until such noncompliant issue or situation is resolved to the mutual satisfaction of both parties. A determination of noncompliance by the DEPARTMENT may occur as a result of, but shall not be limited to, the following events: a. Project construction is abandoned or unreasonably delayed, or is discontinued for a period of thirty (30) consecutive calendar days, without prior written approval from the DEPARTMENT. b. GRANTEE fails to cause Project construction to be completed in accordance with the requirements of this Contract. c. The Project is materially damaged or destroyed by fire or other casualty and the loss, in the reasonable judgment of the DEPARTMENT, is not adequately covered by insurance. d. The existence of any material or intentional misrepresentations of fact by GRANTEE in any document submitted to the DEPARTMENT in support of the grant or in connection with any of the grant documents. e. GRANTEE's failure to furnish to the DEPARTMENT within thirty (30) days and without demand, a true copy of any notice or other document received by or available to GRANTEE disclosing any requirement, deficiency or the violation of any law, regulation or ordinance bearing upon the Project funded by this Contract. f. The Project fails to meet ICDBG requirements as defined by the DEPARTMENT. 14. Contract Amendments: The DEPARTMENT may amend this Contract on its own initiative or at the request of GRANTEE to reflect changes in the Scope of Work, Project Design or Project Budget. Such changes shall be mutually agreed upon, and evidenced by a written contract amendment. In no case shall the nature or purpose of the project be amended from what was generally described in the application except as provided for in the ICDBG's Administrative Rules at IDAPA 48.01.01. 15. Financial and Progress Reports: GRANTEE shall keep books, records, and accounts of all activities related to this Contract. On each interim request for funds submitted to the DEPARTMENT, GRANTEE shall certify that the information contained in the interim request for funds is true and correct based upon GRANTEE's official accounting records. GRANTEE shall also submit a final financial report that details all costs incurred by budget line according to Attachment This report shall be submitted upon completion of the Project funded by this Contract. GRANTEE shall submit progress reports as specified in the DEPARTMENT's Grant Administration Manual. A detailed written final report with documentation of the activities carried out and benefits generated shall be submitted to the DEPARTMENT at the conclusion of the Project. GRANTEE shall disburse ICDBG funds within 3 to 5 business days of their receipt. GRANTEE may keep up to $100.00 in interest accrued on ICDBG funds, but shall return any amount in interest over $100.00 to the DEPARTMENT. 16. Other Items and Documents: GRANTEE shall provide the DEPARTMENT all other items and documents as the DEPARTMENT requires for the administration of this Contract within thirty (30) days of the date of the written request. 17. Certified Grant Administrator: In accordance with Idaho Administrative Code all Grantees before expenditure of ICDBG funds are required to have under contract a Department approved Grant Administrator. The Grant Administrator is responsible for administrative duties as outlined in the ICDBG Grant Administration Manual and in accordance with ICDBG's professional services contract. 18. Insurance During Construction: By executing this Contract, GRANTEE warrants that contractor(s) or other parties selected to perform construction work on the project shall have in effect without interruption from the date of construction commencement until final payment is made and the Project is closed-out pursuant to the terms of this Contract, the types of insurance deemed necessary by GRANTEE and the DEPARTMENT for the type and amount of construction described in Attachment Further, GRANTEE warrants such insurance coverage shall be written on an "occurrence" basis and will be obtained with the following minimum liability limits: ICDBG Contract Page3of 9 ---PAGE BREAK--- a. Workers' Compensation Insurance and Employer's Liability Insurance: ( I) State: Employer's Liability: Statutory Limits $1 00,000 per accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee b. Comprehensive or Commercial General Liability Insurance with the DEPARTMENT as a named insured to include premises operation, owners and contractors protective liability, products and completed operations liability, personal injury liability including employee acts, broad form property damage liability and blanket contractual liability, with no exclusion for explosion collapse and underground hazards: $1 ,000,000 Each Occurrence ( 2) $1 ,000,000 Personal Injury $2,000,000 Products/Completed Operations to be maintained for two years following final payment ( 4) $2,000,000 General Aggregate c. Automobile Liability Insurance with the DEPARTMENT as a named insured for bodily injury and property damage: $1,000,000 Combined Single Limit d. Property or Builder's Risk Insurance to include coverage for all direct physical loss, also known as "Special Causes of Loss" in an amount equal to one-hundred percent (I 00%) of the estimated maximum value of the Project upon completion with the broadest form of "all risk" coverage possible. e. Volunteer Liability Insurance coverage if volunteers are used to do Project work. GRANTEE shall include these same requirements in contracts with grant sub recipients. 19. Contract Services: GRANTEE shall follow ICDBG procurement requirements as outlined in the DEPARTMENT's most current ICDBG Grant Administration Manual, ifiCDBG funds will be paying for the services. GRAN TEE shall provide the DEPARTMENT with a copy of all requested documents related to the procurement of contract services. 20. Certification Regarding Debarment: By executing this Contract, G RANTEE certifies to the DEPARTMENT that it will not execute a contract with parties that are identified as debarred, suspended, or ineligible as set forth in 24 CFR part 5. 21. Project Si rnare: Upon approval from the DEPARTMENT to proceed with construction, GRANTEE shall, unless otherwise directed by the DEPARTMENT, erect a sign located prominently at each major construction project site. The sign shall be maintained in good condition and shall not be removed until three months after the Project is completed. Project sign requirements shall be provided by the DEPARTMENT. 22. Representation and Warranties: GRANTEE represents, warrants, and agrees that the Project funded by this Contract, both during construction and at the time of completion, and the contemplated use thereof, shall not violate any applicable zoning or use statue, ICDBG mitigation measure, ordinance, building code, rule or regulation, or any covenant or agreement of record. GRANTEE agrees that it will furnish documentation satisfactory to the DEPARTMENT regarding the representations and warranties made in this Section. GRANTEE will provide evidence of ownership in the form of fee simple title or long-term lease and right of access or easements for real property on which the project is to be constructed. Clear title to all real prope1ty necessary for the successful operation ofthe facilities shall be guaranteed by the GRANTEE for the useful life of the project. 23. Use of Real Property: GRANTEE represents and agrees that the purchase of any property and unde11akings pursuant to this Contract are and will be for the purpose of providing, improving, or expanding public ICDBG Contract Page 4 of9 ---PAGE BREAK--- infrastructure or facilities. No voluntary or involuntary successor in interest of GRANTEE shall acquire any rights or powers under this Contract without prior written consent of the DEPARTMENT. GRANTEE shall not change the use or planned use of any such property, including the beneficiaries of such use, from that for which the acquisition or improvements were made. If GRANTEE desires to change the use, GRANTEE must submit the request in writing to the DEPARTMENT for prior approval before applying the standards of24 CFR 570.505. If changes are made without the DEPARTMENT's prior approval, alliCDBG funds disbursed to GRANTEE under this Contract shall become due and payable to the DEPARTMENT and the DEPARTMENT shall be excused from making any further disbursements of ICDBG funds under this Contract. 24. Conflict of Interest of Members, Officers or Employees of Grantee, Memb ers of Local Governing Body or Other Public Officials: No member, officer or employee of GRANTEE or its sub-recipients or agents, no member of the governing body where the Project authorized by this Contract is located, and no public official of such locality or localities who exercises any functions or responsibilities with respect to the Project during his tenure or for one ( I) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract or the proceeds thereof, for work to be performed in connection with the Project funded by this Contract. The requirements of this Section are to be included in all sub-recipient agreements, subcontracts and assignments. 25. Audit and Monitoring: GRANTEE shall provide the DEPARTMENT with an annual financial audit in accordance with OMB Circular A-133 and the Single Audit Act of 1984. The audit shall be completed by a certified public accountant during the regular annual audit cycle. GRANTEE shall provide annual audits through the last fiscal year grant funds are expended. The DEPARTMENT may monitor and make periodic inspections and evaluations of the Project funded by this Contract and any books, accounts, reports, files, and other papers and records pertaining to the Project. GRANTEE shall make its books, accounts, reports, files, and other records available to the DEPARTMENT during regular working hours. GRANTEE shall maintain these books, accounts, reports, files, and other records for at least four years following closeout of the Project. In the event GRAN TEE provides any portion of its ICDBG funds in any fiscal year to a sub-recipient, such as a special district or a non-profit organization, GRANTEE shall require the sub-recipient to comply with the audit and monitoring requirements of Circular A-133 or Circular A-ll 0. GRANTEE shall be responsible for monitoring sub-recipient compliance with all federal and state laws and regulations including the audit requirements of this Section. GRANTEE agrees that HUD Representatives, the Inspector General or the General Accounting Office shall also have access to all books, accounts, reports, files, and other papers, or property pertaining to the Project funded by this Contract. 26. Termination: This Contract may be terminated at any time without cause by either party upon thitty (30) days prior written notice being given to the other party. On termination of this Contract, all accounts and payments will be processed according to the terms of this Contract for approved Project work rendered to the date of termination. ICDBG Contract Page 5 of9 ---PAGE BREAK--- APPROVED: STATE OF IDAHO Department of Commerce Donald A. Dietrich Director Date Lan Economic Development Administrator Dennis Porter Community Development Manager ICDBG Contract CITY OF MOSCOW Date For Internal Use of the Department Reviewed and Approved Date Date Page 6 of9 ---PAGE BREAK--- ATTACHMENT A Contract No.: ICDBG-1 0-li-06-SR City of Moscow 1912 Center Project A. Construction Scope of Work-Construction of additional parking spaces, retaining walls, sidewalks, and other ADA accessibility improvements to the 1912 Center which houses the senior center. B. Design Professional and Grant Administration- Professional services necessary to design and administer the construction scope of work and the city's plans in accordance with applicable codes and regulations. C. Furthering Fair Housing Plan-To affirmatively further fair housing the City will need to designate a fair housing resource person, update status of city's 2005 fair housing plan action items, proclaim April as fair housing month, and publicly display fair housing information. D. 504 Accessibility and Transition Plan-The City needs update 504 Accessibility Transition Plan and adopt and publish a Grievance Procedure and Non Discrimination regarding disability policies. E. National Objective-Benefiting Limited Clientele-Senior Center F. State Goal - Preserve and Enhance Suitable Living Environments State Strategy -Improving safety and livability of communities. G. Schedule Design Professional Contract Executed Grant Administration Contract Executed Environmental Release Bid Document Approval Bid Opening Construction Contract Executed Start Construction Construction 50% Complete Second Public Hearing Construction I 00% Complete Update Fair Housing Plan Update 504 Review and Transition Plan Final Closeout Final Audit ICDBG Contract Completed Completed June 2010 June 20 I 0 July 2010 July 2010 August 2010 September 20 I 0 September 20 I 0 November 2010 October 2010 October 201 0 February 20 II December 20 12 Page 7 of9 ---PAGE BREAK--- ATTACHMENT B Budget CDBG- I 0-II-06-SR _ Project: I 9 I 2 Center Project LINE ITEMS Administrative Expenses* Project Planning Design Professional Construction Equipment Legal &Audit Total Costs Remarks: ICDBG Grant $143,066 $143,066 AMOUNTS Heart of the City City Arts Cash In-Kind Cash $15,000 $2,000 $13,700 $20,000 $23,000 $2,000 $20,000 $19,000 $36,700 *No more than I 0% of ICDBG funds shall be used for Administrative expenses. ICDBG Contract Heart of the Arts In-Kind Total $15,000 $2,000 $4,000 $13,700 $163,066 $23,000 $2,000 $2,000 $220,766 Page 8 of9 ---PAGE BREAK--- City of Moscow 1912 Center Project ICDBG-1 0-II-06-SR Mitigation Measures ATTACHMENT C ICDBG Mitigation Measures A. The construction contractors must comply with the Rules for the Control of Air Pollution in Idaho, IDAPA 58.01.01.651, by implementing precautions to prevent particulate matter from becoming airborne. B. If any items of suspected historical or archaeological value are uncovered during the contractor will be required to stop work and contact the Idaho State Historic Preservation Office and the Idaho Department of Commerce. C. The collection and disposal of storm and surface water runoff from the project site must comply with the Idaho Department of Environmental Quality's (DEQ) Catalog of Storm Water Best Management Practices for design of all storm water treatment and disposal systems. D. The contractor shall comply with the provisions of the Environmental Protection Agency's National Pollutant Discharge Elimination System ( NPDES) General Permit for Storm Water Discharge from Construction Activities and the Construction Storm Water Pollution Prevention Plan ICDBG Contract Page 9 of9