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IDAHO DEPARTMENT OF COMMERCE IDAHO GEM GRANT CONTRACT GRANT CONTRACT#: IGG 08-11-11 COMMUNITY: City of Moscow This contract is made and entered between the Idaho Department Commerce, herein after called the DEPARTMENT, and the City of Moscow herein after called the GRANTEE. TERMS AND CONDITIONS Article I - Period of Performance and Grant Amounts The project work to be completed hereunder shall be accomplished from the effective date of May 30, 2008 and shall continue up to and including project closeout. Article II - General Conditions The GRANTEE shall adhere to the Idaho Gem Grant Administrative Rules IDAPA 09.02.04. Both parties shall additionally adhere to statutes and regulations of the State of Idaho. Execution of this contract by the GRANTEE serves as an acknowledgement that they are familiar with all statutes, rules, regulations, and guidelines noted in this paragraph. Article Ill - Grant Amount The maximum amount of Idaho Gem Grant (IGG) assistance hereby awarded is $50,000. The GRANTEE and their project partners hereby agree to provide $11,700 in the form of local match local, state, private or other allowed federal contributions) for the purposes of completing this project. In the event that costs exceed the total dollars budgeted for the project, the GRANTEE and their project partners shall be responsible for finding the additional funds. The DEPARTMENT will not provide additional grant funds to pay cost overruns. The GRANTEE shall adhere to the budget as outlined in Attachment A, unless otherwise amended. IGG funds cannot be shifted to new activities. Up to 10% of IGG funds may be shifted between approved activities without an amendment to the Scope of Work and Budget. Article IV -Work Performance The project activities to be accomplished under the conditions of this contract are outlined in the Scope of Work, as described in Attachment B. Article V - Payments The GRANTEE may periodically request grant funds up to 100% of the value of work performed for all items in the IGG budget. If the DEPARTMENT is satisfied with the City of Moscow IGG 08-11-11 Page 1 2008-18 ---PAGE BREAK--- request, the DEPARTMENT will pay the IGG amount requested within thirty (30) days of the receipt of the request. The GRANTEE shall certify that all work that is billed to the DEPARTMENT is complete at the time of the billing. The GRANTEE shall be responsible for any discrepancy or error in billing or documentation. Article VI • Financial and Progress Reports In the performance of this contract, the GRANTEE shall keep books, records, and accounts of all activities related to the provisions of this contract. On each interim request for funds submitted to the DEPARTMENT, the GRANTEE shall certify the information is true and correct based upon the GRANTEE'S official accounting records. The GRANTEE shall submit interim performance report with each request for IGG funds. This interim report shall include a cover letter from the chief elected official stating the progress to date and the total amount of Idaho Gem Grant funds requested for reimbursement, a completed copy of the IDAHO GEM GRANT REQUEST FOR REIMBURSEMENT form found in the latest revision of the Idaho Gem Grant Handbook, copies of invoices, and documentation that a quorum of the GRANTEE's elected governing body have reviewed and approved the invoices for reimbursement. Additional project documentation may be required and stipulated in the special conditions section of ATTACHMENT B of this contract. Article VII · Amendments The DEPARTMENT may amend this contract on its own initiative or at the request of the GRANTEE to reflect changes in the Scope of Work, Design or Budget of the project. 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 and was the basis for selection of the project except as provided in the IGG Administrative Rules IDAPA 09.02.04. No changes in Scope of Work, costs or services shall be effective until approved in a written contract amendment signed by both parties. The Department reserves the right to require review and approval of the Grantee's elected governing body of any contract amendments proposed by the Grantee's chief elected official. Article VIII -Accountability & Monitoring The DEPARTMENT may monitor and make periodic inspections and evaluations of the project and all its books and records pertaining to the project. The GRANTEE shall make available to the DEPARTMENT the books and records during regular working hours. These books and records shall be maintained for at least three years following close-out of the project. Each GRANTEE that provides a portion of their IGG Grant in any fiscal year to a subgrantee, such as a special district or a non-profit organization, shall require the subgrantee to meet all of the requirements governing these funds. The GRANTEE shall City of Moscow IGG 08·11·11 Page 2 ---PAGE BREAK--- be responsible for monitoring any subgrantee for compliance with all state laws and regulations. Article IX- Termination The DEPARTMENT shall have the right to terminate this contract in whole or in part, at any time before the date of completion, whenever it is determined the GRANTEE has failed to comply with the conditions of the contract, or funding for the IGG program is reduced or eliminated. The DEPARTMENT shall notify the GRANTEE in writing of the determination and the reasons for the termination and the effective date. The DEPARTMENT may cancel this Grant at any time with or without cause upon thirty (30) days written notice to the GRANTEE specifying the effective date of the termination. The DEPARTMENT and the GRANTEE will coordinate the orderly termination of work, transfer of work, and payment for work completed under the Grant. The GRANTEE shall not undertake any work without first obtaining approval of the DEPARTMENT. Article X - Special Warranty Other than the Grant award, the GRANTEE warrants that nothing of monetary value has been given, promised or implied as remuneration for entering into this contract. The GRANTEE further declares no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion or negotiation leading to the award of this contract. Article XI - Relationship of Contracting Parties The contracting parties agree that no employer-employee relationship is established between the DEPARTMENT and the GRANTEE by the terms of this contract. The GRANTEE further indemnifies the State of Idaho and the DEPARTMENT and holds them harmless against any and all suits, actions, claims or losses of every kind, nature, and description, including costs, expenses, and attorney fees, that may be incurred by reason of any act or omission, neglect or misconduct of the GRANTEE that may arise out of this agreement on its performance. Article XII - Conflict of Interest No official or employee of the GRANTEE or the DEPARTMENT shall have any direct or indirect financial interest in the project. Article XIII - Match Expenditures Match expenditures must be in accordance with the specific rules, regulations, and instructions pertaining to match expenditures, contained in the Idaho Gem Grant Handbook and the Administrative Rules. City of Moscow IGG 08-11-11 Page 3 ---PAGE BREAK--- Article XIV • Non-Allowable Costs Idaho Gem Grant funds shall not be used for payroll costs for city, county, development corporations or other community agencies; or the construction, rehabilitation or operation of schools, general government facilities, jails or state facilities; administrative costs, political activities, and religious activities, facilities, and programs. Article XV · Recognition of Funding Source An Idaho Gem Grant funds this contract in whole. All activities funded by the Idaho Gem Grant program shall credit the program per section 36 IGG rules. Article XVI · Liaison The GRANTEE shall submit all requests for funds, correspondence, and narrative progress reports to the following address: City of Moscow IGG 08·11·11 Idaho Commerce IGG Grant Program P.O. Box 83720 700 W State Street Boise, ID 83720-0093 Page4 ---PAGE BREAK--- APPROVED: Donald A Dietrich, Director Idaho Department of Commerce HonorablJ Nan¬y 6tiaey Mayor, City of ' Date For Internal Use of the Department Reviewed and Approved Program Manager Business & Economic Development City of Moscow IGG 08-11-11 Date Page 5 ---PAGE BREAK--- Applicant (or Grantee): City of Moscow Attachment A Idaho Gem Grant PROJECT BUDGET Project No: IGG 08-11-11 Project: Latah County Economic Development Council - Business Technolgy Incubator Improvements AMOUNTS City of University of LINE ITEMS IGG Moscow Idaho Latah LEDC Total Construction S50,000 S9,000 S270 S59,270 Administration S2,500 S2,500 so so so so so so so Total Costs** S50,000 S2,500 $9,000 S270 so S61, Remarks: City contribution is in the form of in-kind services. City of Moscow IGG 08-11-11 Page 6 ---PAGE BREAK--- I. Project Description - ATTACHMENT B SCOPE OF WORK IGG 08-11-11 This project entails upgrading an existing wet lab and the construction of a second wet lab. Eligible project activities include electrical, plumbing, heating ventilation and air conditioning (HVAC), flooring, the installation of permanent fixtures e.g. sinks, lighting etc and any other ancillary construction activities supporting the fore mentioned activities. II. Project Schedule - IGG Contract Signed Project Start Project Complete Project Completed -IGG Closeout Ill. Project Outcomes - May, 2008 June, 2008 July, 2009 September, 2009 Upon project completion this project will facilitate the creation of 6 full time equivalent positions. As the companies utilizing the wet labs grow, additional jobs will be created. It is anticipated that the firms identified as the immediate benefactors from this project will eventually relocate to privately owned space somewhere within the community. IV. Special Conditions - Recognition -The GRANTEE will ensure that the Idaho Department of Commerce is acknowledged on any press correspondence related to this project. Photography - The GRANTEE will provide the DEPARTMENT with digital photos of the completed wet lab facilities. City of Moscow IGG 08-11-11 Page 7 ---PAGE BREAK--- Date: 17 June 2008 To: Stephanie Kalasz City Clerk City of Moscow PO Box 9203 Moscow, ID 83255 From: Jerry Miller Regarding: IGG 08-11-11 IDAHO DEPARTMENT OF COMMERCE C.l. "BUTCH" OTTER, GOVERNOR DONALD A. DIETRICH, DIRECTOR TH E FOLLOW ING DOCUMENTS HAVE B E EN PROVID ED TO YOU FO R YOU R: Review: 0 Action: 0 Signature: 0 0 CONTRACT X EXECUTED CONTRACT 0 CONTRACTAMENDMENT 0 EXECUTED AMENDMENT 0 ENVI RONMENTAL R EL EAS E 0 F INDING OF EXEMPTION 0 SUBCONTRACTA PPROVALS 0 ADD ITIONAL CLASS IF ICATION 0 CONTRACT AWA RD A PPROVAL 0 B ID DOCUMENT A PPROVAL (Sign both copies and return to our office.) (Retain document in your project 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.) 0 PHON E CONVE RSATION FOLLOW U P 0 OTH E R COMMENTS: Jerry Miller 700 West State St. PO Box 83720 Boise, ID 83720-0093 1 [PHONE REDACTED] ext. (EXT I I" (G RANT ADMIN ISTRATO R) 700 West State Street • P.O Box 83720 • Boise, Idaho 83720• Tel: 208·334·2470 • Fax: 208·334·2631 • Web: commerce.idaho.gov Equal Opportunity Employer