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Home My WebLink AboutA9385 - NO ROOMS TONIGHT, LLC dba HOLIDAY HOUSECONTRACT ABSTRACT Contract prepared by: Community and Economic Development Department Submitted on: 12-21-2022 By: Diana Shay Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Munis Contract Number: No Rooms Tonight, LLC, dba Holiday House Jeff Brock Façade Improvement Reimbursement Agreement $3,130.00 General Funds-Economic Development Special Programs 90 days Contract Administration Lead Department: Contract Administrator: Community and Economic Development Diana Shay Contract Approvals Council/ Community Redevelopment Agency Approval Date: Agenda Item No./ Resolution No.: Agreement No: 7-14-22 3D Contract Compliance Exhibits: Signatures: Insurance: Bonds Included included n/a n/a DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA PALM SPRINGS COMMUNITY & ECONOMIC DEVELOPMENT FACADE IMPROVEMENT GRANT AGREEMENT Agreement No. A9385 FACADE IMPROVEMENT GRANT AGREEMENT (OWNER) THIS FACADE IMPROVEMENT AGREEMENT (the “Agreement”) is made and entered into this ______ day of _____________, 2023 by and between the City of Palm Springs, Community & Economic Development (“City”), and No Rooms Tonight, LLC (“Owner”). The City and Owner are sometimes individually referred to as “Party” and collectively as the “Parties” in this Agreement. RECITALS A. City has established an Exterior Property Improvement Grant program (the “Program”) for businesses in the City of Palm Springs. B. Owner is the owner of real property located at 200 W. Arenas Rd., Palm Springs, California (“Property”), otherwise known as Holiday House Palm Springs (building or business), as depicted in Exhibit “A” attached hereto and incorporated herein by reference. C. The City shall provide a grant not to exceed $7,500 with a match contribution from the applicant. The grant shall be 50% of the amount of the actual approved expenditure for the improvements described in Exhibit “D”, Contractor/Vendor Agreements, attached hereto and incorporated herein by reference, up to the $7,500 cap (the “Grant”). D. Owner has applied for a Grant in the amount of $3,130.00 to make exterior improvements to the Property as described in Exhibit “B,” Scope of Work, attached hereto and incorporated herein by reference (the “Improvements”). E. Owner has received all necessary approvals from the City’s Planning, Building or Engineering Departments, which are shown in Exhibit “C”, Evidence of Approval, attached hereto and incorporated herein by reference. The estimated cost of the work proposed is $6,260.00 as shown in Exhibit “D”. F. The City has reviewed the application, the evidence of financial participation by Owner, the location of the Property, and the approvals, and has approved the Grant Application attached hereto as Exhibit “E” and incorporated herein by reference. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to grant to Owner the amount of $3,130.00 and Owner agrees to undertake the approved Improvements, under the following terms and conditions: DocuSign Envelope ID: ECA2240F-F401-4FCA-B289-C64CEBCB350EDocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA February 09 2 AGREEMENT 1. Property Owner Right to Undertake Work. Owner represents that it is the owner of the Property entitling Owner to undertake exterior physical improvements to the Property. 2. No Agency Relationship. Owner understands and acknowledges that this Agreement creates no agency relationship between Owner and City. 3. No Conflict of Interest. Owner, by accepting this Grant, affirms that Owner, its officers, or employees neither are employed by the City nor does Owner, its officers, or employees serve on any City board or commission or otherwise have a fiduciary duty to the City that is a conflict of interest, a potential conflict of interest or creates the appearance of impropriety. 4. Schedule. The Parties agree that all Improvements shall be completed within 90 days of the Effective Date of this Agreement. 5. Effective Date. The Effective Date of this Agreement shall be the latest date set forth in the signature lines below. 6. Contractor. The Parties agree that Owner has sole responsibility for choosing and hiring the contractor(s) and/or vendor(s) to fulfil Owner’s obligations under this Agreement, which shall be shown in Exhibit “D”, and the acceptance of the material used and the work performed under this Agreement. The Parties agree that the City is not a party to any agreement(s) between the Tenant and any vendor or contractor, does not guarantee the quality of workmanship of the Improvements, and does not have any liability whatsoever therefor. At all times hereunder, contractors or vendors performing work for and/or providing materials to Owner to facilitate the completion of the Improvements shall have a valid City of Palm Springs Business License. 7. Design Approval and Permits. The Parties agree that Owner has sole responsibility for obtaining design approval and evidence of required permit approvals from the City of Palm Springs as shown in Exhibit C, and ensuring compliance with those permits. 8. Grant Limitations. The maximum City matching grant shall not exceed $3,130.00 The estimated cost of the work proposed is $6,260.00, as shown in Exhibit “D”. 9. Evidence of Completion and Open for Business. The Parties agree that the City will release the Grant funds upon the completion of the Improvements by the Owner or its contractor. Evidence of completion shall include but is not limited to: photographs of the finished Improvements; a final inspection by a representative of the City of Palm Springs; and, a copy of the final invoice for the work completed and proof of payment to all contractors and vendors in the form of either cancelled checks or credit card statements showing all transactions with the contractor(s) DocuSign Envelope ID: ECA2240F-F401-4FCA-B289-C64CEBCB350EDocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA 3 and/or vendor(s). A majority of businesses on the Property must be open to consumers. 10. Release of Liens. The Parties Agree that the Owner is solely responsible for obtaining the release of any Mechanics Liens or other liens placed upon Owner’s property by any contractor or subcontractor hired under this Program. 11. Maintenance. Owner agrees and covenants that, after the City issues its Certificate of Completion, Owner shall be responsible for maintenance of all improvements that may exist at the Property from time to time, including without limitation buildings, parking lots, lighting, signs, and walls in first-class condition and repair, and shall keep the Property free from any accumulation of debris or waste materials. Owner shall also maintain all landscaping required pursuant to Property’s approved landscaping plan, if any, in a healthy condition, including replacement of any dead or diseased plants with plants of a maturity similar to those being replaced. Owner hereby waives any notice, public hearing, and other requirements of the public nuisance laws and ordinances of the City that would otherwise apply. MISCELLANEOUS PROVISIONS 12. Covenant Against Discrimination. In connection with its performance under this Agreement, Owner shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “pro hibited basis”). As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Owner certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Owner activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Owner is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non -discrimination in city contracting. Owner shall ensure that applicants for employment, and its employees are treated with dignity, respect, and equ ality and shall not be discriminated against on any unlawful basis. 13. Prevailing Wages. Hold Harmless, and Defend. Owner agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Owner shall bear all risks of payment or non-payment of prevailing wages under California law, and Owner hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with DocuSign Envelope ID: ECA2240F-F401-4FCA-B289-C64CEBCB350EDocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA 4 the Prevailing Wage Laws. 14. Notice. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. To City: City of Palm Springs City Manager/City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Owner: Holiday House Palm Springs Attn: Jeff Brock 200 W. Arenas Rd. Palm Springs, California 92262 15. Integrated Agreement. This Agreement contains all of the agreements of the Parties and cannot be amended or modified except by written agreement. 16. Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing. 17. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not void or affect the validity of any of the remaining phrases, sentences, clauses, paragraphs, or sections of t his Agreement, which shall be interpreted to carry out the intent of the Parties hereunder. 18. Indemnification. Owner shall indemnify, hold harmless, and defend the City, the City Council, its officers, agents, employees and contractors from any and all liability for loss, damage, or injury to property or persons, including wrongful death, in any manner arising out of or incident to any act or omission of the City, its officials, officers, agents, employees, contractors, subcontractors and volunteers related to or in any way connected with Owner’s participation in the Program. 19. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement. Owner certifies that the above statements are true and accurate to the best of Owner’s belief. Failure to meet any of the terms of this Agreement shall result in the forfeiture of any Grant funds from the City for this Program. DocuSign Envelope ID: ECA2240F-F401-4FCA-B289-C64CEBCB350EDocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA 5 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. “City” City of Palm Springs Date:__________________________ By: _______________________________ Jay Virata, Director Community & Economic Development Date:__________________________ By: _______________________________ Flinn Fagg Deputy City Manager “OWNER” No Rooms Tonight, LLC Date: __________________________ By: ______________________________ Jeff Brock Date: __________________________ By: ______________________________ APPROVED AS TO FORM: ATTEST: By: ___________________________ By: ______________________________ Jeffrey S. Ballinger Brenda Pree City Attorney City Clerk DocuSign Envelope ID: ECA2240F-F401-4FCA-B289-C64CEBCB350E 2/7/2023 DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA 2/9/2023 2/9/2023 6 EXHIBIT “A” MAP DocuSign Envelope ID: ECA2240F-F401-4FCA-B289-C64CEBCB350EDocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA 7 EXHIBIT “B” SCOPE OF WORK Exterior Painting Landscape Plantings DocuSign Envelope ID: ECA2240F-F401-4FCA-B289-C64CEBCB350EDocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA 8 EXHIBIT “C” EVIDENCE OF APPROVAL (PLANNING, BUILDING, ENGINEERING DEPARTMENT) N/A SEE NEXT PAGE DocuSign Envelope ID: ECA2240F-F401-4FCA-B289-C64CEBCB350EDocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA 9 EXHIBIT “D” CONTRACTOR/VENDOR AGREEMENT - PROPOSAL - ESTIMATE SEE NEXT PAGE DocuSign Envelope ID: ECA2240F-F401-4FCA-B289-C64CEBCB350EDocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA 10 EXHIBIT “E” APPROVED PROGRAM APPLICATION SEE NEXT PAGE DocuSign Envelope ID: ECA2240F-F401-4FCA-B289-C64CEBCB350EDocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA DocuSign Envelope ID: D20D5BE0-6D20-4919-8BB9-CC4574DD62DA