HomeMy WebLinkAbout24F081 - Trevor Wayne, Inc.CONTRACT ABSTRACT
Contract/Amendment
Name of Contract:
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Sole Source Co-Op
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Contract Abstract Form Rev 8.16.23
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Name, Email
(Corporations require 2 signatures)
Facade Improvement Grant Agreement
Trevor Wayne, Inc.
Trevor Wayne
trevor@trevorwayne.com
Three (3) windows were deeply scratched & tagged. Replacing
$1,968.00
N/A
N/A
Trevor Wayne, trevor@trevorwayne.com
Economic Development Department
Dean Grubl ext 8346
N/A
24F081
N/A
Yes
N/A
Yes
Procurement
-
No N/A
N/A
N/A
April 16, 2024 Dean Grubl
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PALM SPRINGS ECONOMIC DEVELOPMENT DEPARTMENT
FACADE IMPROVEMENT GRANT AGREEMENT
Agreement No. 24F081
FACADE IMPROVEMENT AGREEMENT
(TENANT)
THIS FACADE IMPROVEMENT AGREEMENT (the “Agreement”) is made and entered
into this 10 day of April, 2024 by and between the City of Palm Springs, Economic
Development Department (“City”), and Trevor Wayne, Inc. (“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 a Façade Improvement Program for businesses in the City of
Palm Springs.
B. Tenant is the lessee of real property and owner of a business located at 901 N
Palm Canyon Drive, Suite 105, Palm Springs, California (“Property”), otherwise
known as The Trevor Wayne 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 at most 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 $1,968.00 to make eligible 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 $3,936.00, 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 $1,968.00 and Tenant
agrees to undertake the approved Improvements, under the following terms and
conditions:
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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 or has received consent from the owner of the
Property to make such changes.
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, agents, or employees are neither employed by the City nor does Tenant,
its officers, agents, 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 therefore. 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 $3,936.00, 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
Tenant or its contractor base on the submittal of acceptable evidence of the work
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performed. Evidence of completion shall include but is not limited to: “before and
after” photographs of the finished Improvements; a final inspection by a
representative of the City of Palm Springs; 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); and such other evidence as required by the City.
The Business must be open to consumers, and free of building code violations and
tax liens.
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 in connection with the
Improvements.
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
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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
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 Trevor Wayne Store
901 N. Palm Canyon Dr.
Suite 105
Palm Springs, CA 92262
ATTN: Trevor Wayne
15. Integrated Agreement. This Agreement and its Exhibits represents the entire
understanding of the Parties and supersedes all negotiations or previous
agreements, understanding or representations, oral or written, between the Parties
with respect to all or any party of the subject matter hereof. This Agreement
cannot be amended or modified except by mutual written agreement of the Parties.
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
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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. To the fullest extent permitted by law, Tenant shall indemnify,
hold harmless, and defend the City, the City Council, its officers, agents,
employees, contractors, subcontractors and volunteers 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.
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 the Improvements.
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS
AND Trevor Wayne, Inc.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
TENANT:
By: __________________________________ By: ______________________________________
Signature Signature (2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: N/A Item No. N/A
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
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4/24/2024
4/24/2024
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EXHIBIT “A”
MAP
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EXHIBIT “B”
SCOPE OF WORK
SCOPE OF WORK: MEASURE AND INSTALL NEW DUAL GLAZE GLASS FOR
EXISTING STOREFRONT WINDOWS
2 - APPROX. 68 X 90
1 - APPROX. 27 X 90
1" OA, TEMPERED, 1/4" SB60 LOW E OVER 1/4" CLEAR DUAL GLAZE GLASS
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EXHIBIT “C”
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
No permit is necessary since they are just replacing the glass. No change in structure to
the façade or windows.
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EXHIBIT “D”
CONTRACTOR/VENDOR
AGREEMENT - PROPOSAL - ESTIMATE
SEE NEXT PAGE
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EXHIBIT “E”
APPROVED PROGRAM APPLICATION
SEE NEXT PAGE
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