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IDAHO DEPARTMENT OF COMMERCE IDAHO GEM GRANT CONTRACT GRANT CONTRACT#: IGG 14-11-01 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 December 20, 2013 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 111 - 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 $77,500 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. City of Moscow Page 1 /GG 14-11-01 2-oL 3- '8(o ---PAGE BREAK--- 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 request, the DEPARTMENT will pay the IGG amount requested within sixty (60) 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 FOH 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. City of Moscow IGG 14-11-01 Page2 ---PAGE BREAK--- 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 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 City of Moscow Page 3 IGG 14-11-01 ---PAGE BREAK--- 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. 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 14-11-01 Idaho Commerce IGG Grant Program P.O. Box 83720 700 W State Street Boise, ID 83720-0093 Page4 ---PAGE BREAK--- APPROVED: Date Date Federal Tax Identification Number '8 2 - lo 000 2 I Ran Shroll Program Manager For Internal Use of the Department Reviewed and Approved / z - I/ - I 3 Date Business & Economic Development City of Moscow IGG 14-11-01 Page5 ---PAGE BREAK--- Applicant (or Grantee): City of Moscow Project: EMSI Expansion Attachment A Idaho Gem Grant PROJECT BUDGET Project No: IGG 14-11-01 AMOUNTS LINE ITEMS Construction Administration Total Costs** Remarks: City of Moscow IGG 14;.11-01 IGG $50,000 $50,000 Wintz & Co Local In- LLC Kind $75,000 $2,500 S75,000 $2,500 $0 $0 Total $125,000 $2,500 $0 so $0 so $0 so $127,500 Page 6 ---PAGE BREAK--- ATTACHMENT B SCOPE OF WORK IGG 14-11-01 I. Project Description This project entails the installation of approximately 700 linear feet of fiber optic cable, the construction of sidewalk, drainage and other auxiliary and ancillary improvements. II. Project Schedule - IGG Contract Signed Project Start Construction Completed Project Completed - IGG Closeout 111. Project Outcomes - December 2013 October 2013 February 2014 October 2014 Upon completion this project will facilitate the expansion of Economic Modeling Specialists Intl., a company, which turns labor market data into useful information that helps organizations understand the connection between economies, people, and work. An estimated 20 new jobs will be created as a result of the expansion IV. Special Conditions - By previous verbal agreement the Grantee may be reimbursed for expenses incurred prior to the signature of this contract provided that the procurement for those services was conducted in a manner consistent with Idaho Code. City of Moscow IGG 14-11-01 Page7