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Home My WebLink About23F233 - Gold StoreCONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: 5RXWHG%\: Bonds: Business License: Sole Source Co-Op CoOp Agmt #:Sole Source Documents:CoOp Name: CoOp Pricing: By:Submitted on: Contract Abstract Form Rev $XWKRUL]HG6LJQHUV 1DPH(PDLO &&RUSRUDWLRQVUHTXLUHVLJQDWXUHV Facade Improvement Program The Gold Store Kristen Eldar goldstore190@gmail.com Facade Improvement Reimbursement Agreement $1,800.00 90 days Kristen Eldar, goldstore190@gmail.com Community and Economic Developmet Anita Fields, ext 8321, for Jay Virata 07/14/2022 - - - Procurement - No ' ) PALM SPRINGS COMMUNITY & ECONOMIC DEVELOPMENT FACADE IMPROVEMENT GRANT AGREEMENT FACADE IMPROVEMENT AGREEMENT (TENANT) THIS FACADE IMPROVEMENT AGREEMENT (the “Agreement”) is made and entered into this _25_ day of _September, 2023 by and between the City of Palm Springs, Community & Economic Development (“City”), and _The Gold Store____ (“Tenant”). The City and Tenant 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 for businesses in the City of Palm Springs. B. Tenant is the lessee of real property and owner of a business located at _190 S. Palm Canyon Drive., Palm Springs, California (“Property”), otherwise known as ___The Gold Store___________(“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. Tenant has applied for a Grant in the amount of $__1,800_____ 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. Tenant 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 $_3,600____, as shown in Exhibit “D”. F. The City has reviewed the application, the evidence of financial participation by Tenant, 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 Tenant the amount of $__1,800___ and Tenant agrees to undertake the approved Improvements, under the following terms and conditions: PALM SPRINGS COMMUNITY & ECONOMIC DEVELOPMENT FACADE IMPROVEMENT GRANT AGREEMENT FACADE IMPROVEMENT AGREEMENT (TENANT) THIS FACADE IMPROVEMENT AGREEMENT (the “Agreement”) is made and entered into this _25_ day of _September, 2023 by and between the City of Palm Springs, Community & Economic Development (“City”), and _The Gold Store____ (“Tenant”). The City and Tenant 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 for businesses in the City of Palm Springs. B. Tenant is the lessee of real property and owner of a business located at _190 S. Palm Canyon Drive., Palm Springs, California (“Property”), otherwise known as ___The Gold Store___________(“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. Tenant has applied for a Grant in the amount of $__1,800_____ 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. Tenant 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 $_3,600____, as shown in Exhibit “D”. F. The City has reviewed the application, the evidence of financial participation by Tenant, 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 Tenant the amount of $__1,800___ and Tenant agrees to undertake the approved Improvements, under the following terms and conditions: 2 AGREEMENT 1. Property Tenant Right to Undertake Work. Tenant represents that it holds a tenancy in the Property which entitles Tenant to undertake exterior physical improvements to the Property. 2. No Agency Relationship. Tenant understands and acknowledges that this Agreement creates no agency relationship between Tenant and City. 3. No Conflict of Interest. Tenant, by accepting this Grant, affirms that Tenant, its officers, or employees are neither employed by the City nor does Tenant, 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 Tenant has sole responsibility for choosing and hiring the contractor(s) and/or vendor(s) to fulfill Tenant’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 contractor or vendor, does not guarantee the quality of workmanship of the Improvements, and does not have any liability whatsoever therefor. At all times hereunder, the contractors or vendors performing work for and/or providing materials to Tenant 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 Tenant 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 $7,500.00. The estimated cost of the Improvements proposed is $_3,600___, 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 Tenant 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 3 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) and/or vendor(s). The Business must be open to consumers. 10. Release of Liens. The Parties Agree that the Tenant is solely responsible for obtaining the release of any Mechanics Liens or other liens placed upon Tenant’s property by any contractor or subcontractor hired under this Program. 11. Maintenance. Tenant agrees and covenants that, after the City issues its Certificate of Completion, Tenant 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. Tenant 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. Tenant 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, Tenant 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 “prohibited basis”). As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Tenant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Tenant 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 Tenant 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. Tenant shall ensure that applicants for employment, and its employees are treated with dignity, respect, and equality and shall not be discriminated against on any unlawful basis. 13. Prevailing Wages. Hold Harmless, and Defend. Tenant 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 4 California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Tenant shall bear all risks of payment or non-payment of prevailing wages under California law, and Tenant 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 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 Tenant: The Gold Store Kristen Eldar 190 S. Palm Drive 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 this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder. 18. Indemnification. Tenant 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 Tenant’s participation in the Program. 5 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. Tenant certifies that the above statements are true and accurate to the best of Tenant’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. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. 7(1$17: By: By: Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: Item No. APPROVED AS TO FORM: ATTEST: By: By: City Attorney City Clerk APPROVED: By: Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 ' 7 EXHIBIT “A” MAP 8 EXHIBIT “B” SCOPE OF WORK 9 EXHIBIT “C” EVIDENCE OF APPROVAL (PLANNING, BUILDING, ENGINEERING DEPARTMENT) N/A 10 EXHIBIT “D” CONTRACTOR/VENDOR AGREEMENT - PROPOSAL - ESTIMATE SEE NEXT PAGE 11 EXHIBIT “E” APPROVED PROGRAM APPLICATION SEE NEXT PAGE