Downtown Property Enhancement Program

Transcription

1 Improve your Property. Reinvest in Downtown. Revitalize Vallejo. The is administered by the City of Vallejo Economic Development Division. Release Date: April 1, 2015 Deadline: Wednesday, July 1, 2015 FOR MORE INFORMATION Please contact Annette Taylor, Senior Community Development Analyst, at (707) or or visit our website below:

2 TABLE OF CONTENTS Guidelines... 1 Purpose... 1 Target Area... 2 Program Requirements & Details... 2 Eligible Improvements and Costs... 4 Ineligible Improvements and Costs... 4 Eligibility Criteria/Ranking Criteria... 5 Prevailing Wages... 5 Local Hire... 5 Improvement Maintenance Covenant... 6 Program Timing... 7 Appendix A: Historical Structures... 8 Template Provisional Award Letter Exhibit A: Project Scope Exhibit B: Guidelines Exhibit C: Request for Payment Form Exhibit D: Change Order Form Exhibit E: Project Completion Report Form Exhibit F: Property Owner Authorization Template Covenant... 36

3 GUIDELINES Purpose The assists downtown business and building owners with improving the visual appearance and condition of their storefronts and the accessibility of their building exteriors and ground floors. Investment in street facing façades and the accessibility of individual properties enhances Vallejo s downtown for residents and visitors alike, supporting economic revitalization. This program is funded from the first cycle of the City of Vallejo s Participatory Budgeting (PB) Program and is implemented by the City of Vallejo s Economic Development (ED) Division. Originally proposed, developed and selected by Vallejo residents, the City Council approved its implementation on July 23, 2013, finding that it provides broad public benefit. The guidelines below ensure that the implementation of the program is consistent with the resolution approved by the City Council and applicable laws. This program provides an opportunity to leverage $300,000 of Measure B funds allocated through Participatory Budgeting for a minimum of $600,000 of investment in the City s downtown. The program will award conditional grants of $2,500-$30,000 for eligible improvements in a targeted area of the City. The program requires an equal match in funding between the City and property or business owner, known as applicant. The City will pay up to 50% of the costs for eligible improvements and costs. The City s portion must be at least $2,500 and cannot exceed $30,000 for a given application. Grants will be conditioned on executing an agreement with the City, which includes a recorded covenant against the improved property requiring maintenance for a period of five (5) years as well as completing the improvement work in accordance with these guidelines. (The covenant will be required in almost all cases. See page 6 for more information on the covenant.) Funds will be distributed on a reimbursement basis, after the work is completed and the required documentation is presented to the City. All requests for reimbursement must be submitted to the City within six months of the signed agreement. 1 Guidelines

4 Target Area Buildings eligible for this program must be in commercial use and located within the following boundaries, encompassing both sides of the block: Western Boundary: Santa Clara Street Eastern Boundary: Sutter Street Northern Boundary: Florida Street Southern Boundary: Maine Street Program Requirements & Details The program includes the following requirements: Applicants can be either property or business owners/tenants. If the applicant is a business owner/tenant, they must have the written authorization from the property owner. Applicants apply to the City during an initial application period of three months (closing on July 1, 2015), providing at least two construction bids incorporating payment of prevailing wage for the improvement work. The ED Division will conduct a review to determine if submitted grant applications are complete and meet the eligibility criteria. If requests for funding submitted on or before the July 1, 2015 period exceed the amount of funding available, grant applications will be ranked by the ED Division based on the ranking criteria described on page 5, and award recommendations will be made to the Community & Economic Development Director for final approval. If needed, a wait list will be created, based on the ranked applications. 2 Guidelines

5 After the ED Division reviews grant applications, each applicant will receive a letter explaining the status of their application. If an application is recommended for an award, the letter will include a provisional amount for 50% reimbursement of all eligible costs for improvements proposed in the application. Applicants must seek any applicable planning approvals or building permits as a requisite for receiving funding. However, the process to obtain approvals and permits is separate from the application and award process for these funds. Questions regarding approvals and permits should be directed to the Planning and Building Divisions, and all standard requirements apply. The applicant must apply for a Building Permit within 90 days of the date of the provisional award letter from the City, and complete all regulatory approvals within 120 days of the date of the provisional award letter from the City. The agreement will be executed after a building permit has been issued. After regulatory approvals have been obtained, applicants must enter into a written agreement with the City that will set forth the terms, conditions and requirements for participation in the program. Upon completion of the improvement work, the City will record an improvement maintenance covenant against the property with the property owner s consent. Grants will be paid on a reimbursement basis with proper documentation. All requests for reimbursement must be submitted to the City within six months of the signed agreement. Grant amounts would be awarded for 50% of total eligible costs up to amount identified in the agreement. Façade improvements may be for multiple sides of building. Façade improvement costs as a portion of larger building renovations are also eligible. Disability access improvements must be located on or leading to the building exterior or ground floor to be eligible for funding. If the applicant is the property owner, a single application must be prepared for each property, even if it includes both façade and disability access improvements or multiple storefronts. If more than one tenant at a single property submits an application, they may apply separately. A separate application must be prepared for each property applying for funds, even if the properties are held by a single owner and the applications are similar for multiple properties. The City reserves the right to revise or discontinue the program at any time prior to the commitment of funding to an applicant. However, the City shall comply with or perform any obligations under executed agreements. In the event that an application is denied by the ED Division, an applicant may appeal to the Community & Economic Development Director. 3 Guidelines

6 Eligible Improvements and Costs Improved or repaired painting, plastering, repairing exterior wood trim, windows, doors, or lighting. New or replacement awnings or canopies. New or replacement business signage including graphics and lighting. Replacement or improvement of building facades. Disability access improvements for building exteriors and ground floors, including but not limited to entrances, ramps and accessible bathrooms. Construction/erection of trash or supply enclosures. New or upgraded fencing (chain link fencing is not an eligible cost, but applicants are encouraged to install more secure and attractive fencing). Add or improve existing landscaping and irrigation. Repaired walkway or stairs on the property leading up to the building (not including driveways). Repaired sidewalk(s) adjacent to the property from the edge of the property to the curb cut. Architectural and engineering design assistance for improvements completed under this program. City permits and fees. Ineligible Improvements and Costs Construction of new square footage or demolition of all or part of existing buildings with the exception of minor addition or demolition needed to undertake an eligible improvement. Properties with unresolved Code Enforcement actions, unless the improvements will address the code violation(s). Properties with non-conforming uses or structures, if the improvement would result in an increase in the nonconformity. Temporary improvements including banners and seasonal decorations. General routine maintenance including window washing, pressure washing, or graffiti removal, or any other item of repair that should be completed on a regular schedule. Façades with bars on the outside of windows or doors unless the removal of the bars is incorporated into the planned façade improvement. Completion of work by anyone but a licensed contractor, including by property and business owners. Utility connections, hook ups or the creation of utility transmission, conduits or networks. Administrative or overhead costs. 4 Guidelines

7 Eligibility Criteria/Ranking Criteria The ED Division will review each application based on the Eligibility Criteria below. If the requests for funding exceed the amount of funding available, ED Division staff will apply the ranking criteria to determine which applications will be selected for funding, and which will be placed on a waiting list, should a selected applicant(s) not complete the funding process. Eligibility Criteria: In order to be considered for funding, the following criteria must be met: The property must be located within the targeted area. The building must be in commercial use. The improvements must address the façade(s) visible from the street, or exterior or ground floor accessibility. There can be no unresolved code enforcement actions on the property. The application is complete, providing all required documentation. Ranking Criteria: If the requests for funding exceed the amount of funding available, the following criteria may be applied to rank the applications: The likelihood that improvements would have a sustained and lasting effect on the downtown area. The potential for improvements to increase commerce and activity in the downtown area. The potential for improvements to beautify the downtown area. The scope of proposed improvements is appropriate for the building and the site. The potential for the improvements to be proximate to one another to maximize impact within a block or block face. Prevailing Wages Pursuant to the City Charter and California Labor Code Section 1720 et seq., prevailing wages must be paid for public work projects, which includes construction, enhancement, alteration, demolition and repair work completed under contract, or paid fully or in part with public funds. Any project granted public funds through the would be required to comply with prevailing wage law. Please contact the California Department of Industrial Relations at (844) or DLSE2@dir.ca.gov with any questions about prevailing wages. Local Hire Applicant shall make a good faith effort to hire Vallejo businesses and residents to perform the improvement work. 5 Guidelines

8 Improvement Maintenance Covenant Following completion of all improvement work, the City shall execute an Improvement Maintenance Covenant ( covenant ) with the property owner, which will be recorded against the property, regardless of whether the applicant is the property owner or a business owner/tenant. The execution of this covenant shall be a condition before the City provides the final reimbursement to the applicant (whether property owner or business owner). For applicants who are business owners/tenants that do not own the property, the Application requires the signature of the property owner. The City will also require written authorization from the property owner as Exhibit F to the Agreement between the City and applicant (see page 35), stating that they consent to the improvements and agree to the covenant. The covenant will require the maintenance of the improvements for five (5) years following the recordation of the covenant. If the City finds that the improvements are being inadequately maintained or altered, the City may declare a default under the covenant and seek remedies including, but not limited to, proceedings to compel specific performance of the required maintenance or a pro rata repayment of the grant awarded to the applicant. The pro rata share of the grant to be repaid to the City shall be based on the amount of time remaining in the five-year term. For example, if two years remain, then 40% of the grant shall be repaid to the City. Note: If the applicant is a business owner who does not own the property and the improvements are moveable (such as signage), a covenant may not be required. The ED Division will determine whether the improvements proposed in an application apply to this provision. 6 Guidelines

9 The program comprises three distinct steps: PROGRAM TIMING Application Process: The applicant submits a grant application to the City. Any applicable planning approvals do not need to be granted before the application is submitted. After a review and evaluation, the City will send a letter informing the applicant of the status of their application. A successful applicant will be informed that they are eligible for a grant award pending 1) the receipt of any regulatory approvals (from the Planning Division, Building Division, etc.) or permits and 2) the execution of an agreement. Regulatory Approvals Process: The applicant pursues appropriate planning and building approvals. It is strongly recommended that you meet with Planning Division staff prior to submitting your application to discuss your proposed improvements to ensure general compliance with the Downtown Specific Plan Design Guidelines. If the property is a designated historical resource (see Appendix A), the applicant may need to apply for a Certificate of Appropriateness. A new sign will also require a Sign Permit from the City s Planning Division. Trash enclosures may require approvals from the Vallejo Sanitation & Flood Control District. Sidewalk repair may require a permit from the City s Public Works Department. Most improvements will require a Tenant Improvement Permit from the Building Division. The applicant must apply for a Building Permit within 90 days of the date of the provisional award letter from the City, and complete all regulatory approvals within 120 days of the date of the provisional award letter from the City. Implementation Process: Once necessary planning and building approvals have been granted, the applicant and the City will execute an agreement outlining the process for receiving funds and all applicable conditions. Then, improvement work may begin. All requests for reimbursement must be submitted to the City within six months of the signed agreement. The City will process reimbursements within thirty (30) days of receiving a reimbursement request. Upon completion of improvements, the City will record an improvement maintenance covenant against the property for a period of five (5) years requiring maintenance of the improvements funded through this program. For assistance in preparing your application, please contact Annette Taylor, Senior Community Development Analyst, at (707) or Annette.Taylor@CityofVallejo.net. Applications should be submitted to the City of Vallejo Economic Development Division, City Hall 3 rd Floor, 555 Santa Clara Street, Vallejo, CA Deadline to submit an application: July 1, Guidelines

10 APPENDIX A: DOWNTOWN STRUCTURES DESIGNATED AS HISTORICAL RESOURCES The following structures listed by address and APN are designated as historical resources in the Downtown Specific Plan. As a result, proposed improvements may require a Certificate of Appropriateness from the City of Vallejo s Planning Division. It is strongly recommended that you meet with Planning Division staff prior to submitting your application to discuss your proposed improvements and ensure general compliance with the Downtown Specific Plan Design Guidelines. Structures That Contribute to a Historic Commercial District Address APN 312, 314 Georgia St Alibi Clock (located at 316 Georgia St.) Georgia St , Georgia St Georgia St , 617, 619, 623, 627, 629 Marin St , 1727, 1729, 1745 Sonoma Blvd. / 445 Virginia St Virginia St , 326, 328 Virginia St , 338 Virginia St , 344, 348 Virginia St. / 707, , 714, 715 Marin St , 409 Virginia St. / 616, 620, 624, 628, 630 Marin St Virginia St Virginia St , 435 Virginia St. (431 not listed) Virginia St , 717, 719, 721 Marin St Virginia St. 316 Indian Alley Structures of Individual Importance Address APN 728, 734 Marin St , 519, 521, 523 Capitol St Georgia St , Georgia St , Georgia St Georgia St , 433 Georgia St , 446, 448 Georgia St. / 1709, 1711, 1713, 1715 Sonoma Blvd , 447 Georgia St , 541, 543 Georgia St , 326, 328 Virginia St Downtown Property Enhancement Property 8 Appendix A

11 Structures of Individual Importance (cont.) Address APN 330, 338 Virginia St , 344, 348 Virginia St. / 707, 709, 711, 713, 715 Marin St Virginia St York St York St a Pennsylvania St. (rear of lot) Structures of Individual Importance if Restored Address APN 338, 336, 340 Georgia St Marin St. (See 348 Virginia St.) 405, 409 Virginia St. / 616, 620, 624, 628, 630 Marin St , 435 Virginia St , 524 ½, 526, 528 York St Marin St. (See 725 Marin St.) Structures of Local Importance Address APN 407 Capitol St. (Italianate house) Maine St Maine St , 333 Maine St Maine St Maine St Maine St Maine St Maine St Maine St /536 Maine St Maine St Maine St. 310/312/314 Marin St Marin St Napa St Napa St Pennsylvania St Pennsylvania St Pennsylvania St Pennsylvania St Pennsylvania St Pennsylvania St b Pennsylvania St. (front of lot) Pennsylvania St Pennsylvania St. / 1323, 1319 Sonoma Blvd Downtown Property Enhancement Property 9 Appendix A

12 Structures of Local Importance (cont.) Address APN 616, 618 Sacramento St , 1401 Sonoma Blvd Sonoma Blvd /614, 608, 614 Sutter St York St York St York St York St York St York St York St York St Marin St Downtown Property Enhancement Property 10 Appendix A

13 DATE: July XX, 2015 Applicant Name Applicant Business Entity Address City, State, Zip RE: Provisional Grant Award Dear Applicant Name, Congratulations! After thorough review of your application to the Downtown Property Enhancement Program (DPEP), the City of Vallejo s Economic Development Division is pleased to inform you that we are granting a provisional award in the amount of $XX,XXX for the following improvements outlined in your application. This amount, $XX,XXX, represents a not to exceed figure, the maximum grant amount from the City that is possible based on the improvement work you have proposed in your application. However, the City will only disburse the lesser of this amount or 50% of all eligible costs for the improvements performed. Should there be any changes to the proposed improvement work or its costs, please notify Annette Taylor, Senior Community Development Analyst, immediately at (707) or annette.taylor@cityofvallejo.net. [If there are any ineligible improvements, that will be explained and the provisional award amount will be adjusted accordingly.] This is a provisional award, pending the completion of the next steps in the following order: 1. Obtain all necessary approvals from the Planning & Building Permits. You have 90 days to apply for a Building Permit (if needed). 2. Present the approvals to the Economic Development Division within 120 days of the date of this letter. Then, the Economic Development Division will draft an Agreement for both parties to sign. 3. Finalize and execute the Agreement with the City of Vallejo within 180 days of the date of this letter. If you do not meet the deadlines stated above, your provisional award will be revoked. After the completion of these three steps, the improvement work may begin, and you are eligible to receive grant funds through reimbursement from the City. 11 Template Provisional Award Letter

14 Thank you for applying for the, and we are excited to partner with you to improve your property and revitalize the downtown area! Sincerely, Kathleen Diohep Economic Development Manager 12 Template Provisional Award Letter

15 TEMPLATE AGREEMENT DOWNTOWN PROPERTY ENHANCEMENT PROGRAM Please note that Section B.6 of this Agreement, which addresses the Improvement Maintenance Covenant (covenant) required of property owners for improvements that are non-moveable, will be tailored to one of three tracks described below: 1. Grantee is property owner. Therefore, property is the party to this agreement and to the covenant. 2. Grantee is business owner/tenant who will use the grant funding on nonmoveable improvements to the property. Therefore, the property owner is required to execute a covenant with the City. 3. Grantee is business owner/tenant who will use the grant funding on movable improvements (such as signage) to the property. Therefore, no covenant will be required, but other requirements shall apply (such as notification upon relocation or closure of business). 13

16 City of Vallejo IMPROVEMENT AGREEMENT This Agreement ("Agreement") is made at Vallejo, California, dated for reference this day of 2015, by and between the City of Vallejo, a municipal corporation and charter city ("CITY"), and ( GRANTEE ), the owner or tenant in good standing of a certain property located at, Vallejo, CA, 945 who agree as follows: A. Project Description Attached hereto in Exhibit A is a description of the improvements and estimated budget for improvements at, Vallejo, CA, 945, constituting the Project. Herein, Exhibit A is referred to as Project Scope. Also attached hereto as Exhibit B is the Guidelines, setting clear project conditions and eligible costs. B. Project Implementation 1. The CITY hereby grants to the GRANTEE an amount not to exceed $, on condition that the Grant Funds be expended for the eligible costs and purposes of the Project as described in Exhibits A and B of this Agreement and pursuant to all other terms and conditions set forth herein. The Project Scope includes eligible improvements, as defined in Exhibit B, and estimated costs for each improvement. 2. All work shall be completed within one hundred eighty (180) days of the date of this agreement. 3. The GRANTEE acknowledges that it is required to pay prevailing wages on any public works project. The GRANTEE shall determine whether the activities to be contracted for include or constitute a public works project pursuant to the Public Contracts Code to which the said laws apply. 4. The GRANTEE certifies that the Project does and will continue to comply with all laws and regulations which apply to the Project, including, but not limited to, legal requirements for construction contracts and workers compensation, building codes, environmental laws (including but not limited to the California Environmental Quality Act), health and safety codes, and disabled access laws. The GRANTEE shall ensure that all improvements to be undertaken under the Project will be consistent with all applicable Zoning and Building Codes. 14

17 5. The GRANTEE shall obtain the CITY s written approval of any change or deviation from the original Project Scope set forth in Exhibit A, including a request to extend the Project Completion Date identified in Section B.2 above, any changes to any of the improvements or cost of improvements. Any modification to the Project or Project Scope must also comply with all current laws and regulations and all other requirements of this Agreement, and the Project must be completed with available funding from the GRANTEE and funds provided under this Agreement. The GRANTEE requests for changes or deviations to the Project Scope shall be presented through a Change Order Form (Exhibit D). The CITY shall review the Change Order Form for any request for changes or deviations presented therein and promptly notify the GRANTEE of the CITY s decision. FIRST TRACK: GRANTEE IS PROPERTY OWNER 6. Upon completion of the work, the GRANTEE understands and agrees that the CITY shall record an improvement maintenance covenant on the property at no expense to the GRANTEE or property owner. The improvement maintenance covenant shall remain in effect for five years from the date of recording, requiring the maintenance of the improvements performed under the Project. The GRANTEE shall not alter or cause alteration to the improvements during the five year term unless the CITY has provided written authorization for the authorization. If the CITY finds that the improvements are being inadequately maintained or altered during the five years the covenant is in effect, the CITY may declare default under the covenant and seek remedies including, but not limited to, proceedings to compel specific performance of the required maintenance or a pro rata repayment of the grant awarded to the applicant. The pro rata share of the grant to be repaid to the City shall be based on the amount of time remaining in the five-year term. The execution of this covenant shall be required before the CITY provides final payment to the GRANTEE for any expenses. SECOND TRACK: GRANTEE IS BUSINESS OWNER/TENANT (NOT PROPERTY OWNER) & IMPROVEMENTS NOT ARE MOVEABLE 6. Upon completion of work, the CITY shall record an improvement maintenance covenant on the property at no expense to the GRANTEE or property owner. The property owner has provided written authorization consenting to the improvements on their property and agreeing to execute an improvement maintenance covenant in Exhibit F. The improvement maintenance covenant shall remain in effect for five years from the date of recording, requiring the maintenance of the improvements performed under the Project. The execution of this covenant shall be required before the CITY provides final payment to the GRANTEE for any expenses. The GRANTEE must notify the CITY if the GRANTEE plans to relocate or close their business location at the address listed in this Agreement. 15

18 THIRD TRACK: GRANTEE IS BUSINESS OWNER/TENANT (NOT PROPERTY OWNER) & IMPROVEMENTS NOT MOVEABLE 6. The GRANTEE must notify the CITY if the GRANTEE plans to relocate or close their business location at the address listed in this Agreement. The GRANTEE shall seek to retain the value or use of any improvements under the Project within the City of Vallejo to the extent possible, either at the original site or new location. 7. All actions and approvals required to be taken by the CITY under this Agreement shall be approved by its City Manager or his/her designee. C. Acknowledgment of Funding Source After the work has been completed, the GRANTEE shall display a sign (provided by the City) indicating participation in the. The sign shall be displayed either on the exterior or in the front window of the building for a period of 90 days. D. Project Costs & Requests for Payment 1. Grant Funds provided to the GRANTEE under this Agreement shall be disbursed for eligible costs within 30 days of the GRANTEE submitting a Request for Payment Form (Exhibit C) for costs associated with the project to the CITY. The Request for Payment Form will identify all eligible costs, and the CITY shall reimburse the GRANTEE fifty (50) percent of the amount of the sum of the receipts and invoices presented with the Request for Payment Form. 2. The GRANTEE may only submit a Request for Payment Form before all project work is completed if specified in the Exhibit A. However, the GRANTEE will be obligated to repay the CITY for all reimbursements provided to date, if the Project Scope is not accomplished by the Project Completion Date set forth in Section B of this Agreement. 3. All request for payment must be submitted within one hundred eighty (180) days of the date of this agreement. 4. For the CITY to disburse grant funds to the GRANTEE, the Property must be in use for commercial, retail, office, and/or mixed-use purposes and the GRANTEE s proposed improvements to the Property listed in the Application are eligible improvements as described in the Program Guidelines. 5. Any work that is begun by the GRANTEE prior to the execution of this agreement will not be eligible for reimbursement, unless such work is included in the Project Scope. 16

19 E. Payment Process and Documentation 1. All Requests for Payments must be submitted using a completed Request for Payment Form attached as Exhibit C. This form must be accompanied by 1) an itemized list of all expenditures according to Project Budget Categories, and 2) supporting documentation that clearly identifies the expenditure(s) in relation to the Project Budget Categories in Exhibit A of this Agreement. Payment requests may not be submitted more often than monthly. 2. If the Request for Payment Form is incomplete, inadequate or inaccurate, the CITY will dispute the invoice for reasonable cause and hold all or a portion of the payment request until all required information is received or corrected. Any penalties imposed on the GRANTEE by a contractor, or other consequence, because of delays in payment or other breach of the agreement between the GRANTEE and the contractor are the responsibility of the GRANTEE and are not reimbursable under this Agreement. 3. Final payment of Grant Funds shall be paid up to the total amount of the Project (as stated in B.1) or the actual Project cost, whichever is less, upon completion of the Project, receipt of the final report and final Request for Payment from the GRANTEE in form and content satisfactory to the CITY, and the satisfactory completion of a site inspection by the CITY. F. Project Review and Documentation 1. With the submission of the final Request for Payment Form, the GRANTEE shall submit a Project Completion Report with photographs (Exhibit E). 2. Unless otherwise authorized by the CITY in writing, the GRANTEE shall submit all documentation of Project completion, including, a final Request for Payment and Project Completion Report within thirty (30) days of Project completion. G. Project Termination 1. Prior to the completion of the Project, either party may terminate this Agreement by providing the other party with thirty (30) days written notice of termination. 2. If the CITY terminates this Agreement prior to the Project Completion Date stated in Section B, the GRANTEE shall take all reasonable measures to prevent further costs to the CITY hereunder. The CITY shall be responsible for any reasonable and noncancelable obligations incurred by the GRANTEE under this Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement. H. Financial Records 1. The GRANTEE shall establish an official file for the Project. The file shall contain 17

20 adequate documentation of all actions that are taken with respect to the Project. 2. The GRANTEE shall keep separate and complete accounting records for receipt, deposit, and payment of all Project funds, including interest. 3. The GRANTEE shall maintain books, records, documents, and other evidence sufficient to reflect properly the amount, receipt, and disposition of all Project funds, including non-city funds, interest earned, and any matching funds by the GRANTEE and the total cost of the Project. Time and effort reports shall also be required for consultants and contractors. Adequate supporting documentation shall be maintained by consultants and contractors in sufficient detail to provide an audit trail which will permit tracing transactions from the invoices to the financial statement, to the accounting records, and to the supporting documentation. 4. The GRANTEE shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the CITY. I. Audit Requirements 1. The CITY reserves the right to call for a program audit or a financial audit at any time between the execution of this Agreement and the Completion Date or, in the case of early termination, the termination of the Project. Within ten (10) working days of a request by the CITY, GRANTEE shall furnish, at its own expense, legible copies of all materials deemed pertinent to the request. At any time, the CITY may disallow all or part of the cost of any activity or action which it determines to be out of compliance with the terms and conditions of this Agreement. J. Assignment Except as expressly provided by written agreement between the CITY and the GRANTEE, this Agreement is not assignable by the GRANTEE either in whole or in part. K. No Agency Agreement In carrying out this Agreement, the GRANTEE and its agents and employees shall be deemed to be acting in an independent capacity with respect to the CITY, and not as the officers, employees, or agents of the CITY or the State. L. Liability and Insurance 1. The GRANTEE shall defend, indemnify, and save harmless the CITY (including its inspectors, project managers, trustees, officers, agents, members, employees, affiliates, consultants, subconsultants, and representatives), and each of them, of and from any and all claims, demands, suits, causes of action, damages, costs, expenses, attorneys' fees, losses, or liability, in law or in equity, of every kind and nature whatsoever arising 18

21 out of, or in connection with, the GRANTEE's operations to be performed under this Agreement, including, but not limited to: A. Personal injury (including, but not limited to, bodily injury, emotional injury or distress, sickness, or disease) or death to persons, including, but not limited to, any employees or agents of the GRANTEE, the CITY, or any subcontractor, or damage to property of anyone including the work itself (including loss of use thereof), caused or alleged to be caused in whole or in part by any negligent act or omission of the GRANTEE, the CITY, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable; B. Penalties threatened, sought, or imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance, or statute, caused by the action or inaction of the GRANTEE; C. Alleged infringement of any copyrights, trademarks and/or patent rights which may be brought arising out of the GRANTEE's work; D. Claims and liens for labor performed or materials used or furnished to be used on the job, including all incidental or consequential damages from such claims or liens; E. The GRANTEE's failure to fulfill any of the covenants set forth in the Agreement; F. Failure of the GRANTEE to comply with the provisions of the Agreement relating to insurance; and, G. Any violation or infraction by the GRANTEE of any law, order, citation, rule, regulation, standard, ordinance, or statute in any way relating to the occupational, health, or safety of employees. The indemnities set forth in this section shall not be limited by the insurance requirements set forth in this Agreement. The GRANTEE's indemnification of the CITY will not include indemnification for claims which arise as the result of the active negligence of the CITY, or the sole negligence or willful misconduct of the CITY, its agents, servants or independent contractors who are directly responsible to the CITY, or for defects in design furnished by such persons. 2. Until acceptance of the work by the CITY, the GRANTEE shall have the charge and care of the work and of the materials to be used therein. The GRANTEE shall bear the risk of injury, loss or damage to materials or work. 19

22 3. Insurance shall conform to the following requirements: the GRANTEE shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the GRANTEE, his/her agents, representatives, employees or subcontractors. Such insurance shall not be construed to relieve the GRANTEE of any liability in excess of such coverage. GRANTEE shall name CITY as additional insured. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office from number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). 2. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 "any auto" and endorsement CA Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance The GRANTEE shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage and $2,000,000 aggregate. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and Self-Insured Retention Any deductibles or self-insured retention greater than $10,000 must be declared to and accepted by the CITY. At the option of the CITY, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, employees and volunteers; or the GRANTEE shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverage i. The CITY, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of 20

23 ii. iii. iv. activities performed by or on behalf of the GRANTEE, including the insured's general supervision of the GRANTEE; products and completed operations of the GRANTEE, premises owned, occupied or used by the GRANTEE. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers and the Engineer, its officers, directors, employees and subconsultants. The GRANTEE's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees or volunteers and the Engineer, its officers, directors, employees and subconsultants shall be excess of the GRANTEE's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers and the Engineer, its officers, directors, employees and subconsultants. The GRANTEE's coverage applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the GRANTEE for the CITY and the Engineer, its officers, directors, employees and subconsultants. 3. All Coverage Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the CITY. E. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A:VII. F. Verification of Coverage GRANTEE shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and accepted by the CITY 21

24 before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. G. Subcontractors The GRANTEE shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. M. Nondiscrimination The GRANTEE shall ensure that all subcontractors include the City as additional insured. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, ancestry, religious creed, national origin, physical disability, mental disability, medical condition, age, marital status, sexual orientation, and denial of family care leave in the use of any property or facility acquired or developed pursuant to this Agreement. N. Severability If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. O. Waiver No term or provision hereof will be considered waived by either party, and no breach is excused or consented to by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No express or implied consent by either party to, waiver of, or failure of a party to enforce its rights with respect to a breach by the other party shall constitute consent to or, waiver of any subsequent or other breach by the other party. P. Time of the Essence Time is of the essence with respect to the Completion Date as set forth in Section B of this Agreement. With respect to all other dates set forth therein, the GRANTEE shall use best efforts to accomplish the tasks by the specified dates. Q. Amendment This Agreement may be amended by mutual agreement in writing between the GRANTEE and the CITY. Any request by the GRANTEE for amendments must be in writing stating the amendment request and reason for the request. The GRANTEE shall make requests 22

25 in a timely manner and in no event less than thirty (30) days before the effective date of the proposed amendment. R. Notices All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to: If to CITY: If to GRANTEE: Annette Taylor Senior Community Development Analyst Economic Development Division 555 Santa Clara Street Vallejo, CA annette.taylor@cityofvallejo.net Grantee Name Business Name (if applicable) Address City, State, Zip Code Phone S. List of Exhibits Exhibit A Project Scope Exhibit B Guidelines Exhibit C Request for Payment Form Exhibit D Change Order Form Exhibit E Project Completion Report (Exhibit F Property Owner Consent & Authorization If grantee is not property owner or improvement is not solely signage) T. Entire Agreement This Agreement, and the attached exhibit, constitute the entire Agreement between the parties hereto relating to the Project and may not be modified except by an instrument in writing signed by the parties hereto. (Signatures on next page) 23

26 Name of Business or Property Owner Legal Entity CITY OF VALLEJO, a municipal corporation By: Grantee Name Title: Property Owner or Tenant By: Daniel E. Keen City Manager DATE: DATE: ATTEST: (City Seal) By: Dawn Abrahamson City Clerk APPROVED AS TO CONTENT: Kathleen Diohep Economic Development Manager APPROVED AS TO FORM: Donna Mooney Chief Assistant City Attorney 24

27 EXHIBIT A DOWNTOWN PROPERTY ENHANCEMENT PROGRAM (PROPERTY ADDRESS ADDRESS) Description of Proposed Improvements & Costs: 1-2 paragraphs Itemized Cost Estimate: Improvements Improvement #1 Item or Labor for improvement #1 Item or Labor for improvement #2 Improvement #2 Item or Labor for improvement #1 Item or Labor for improvement #2 TOTAL COST OF IMPROVEMENTS City s Portion: 50 Percent of Total Plus 10 Percent Contingency Estimated Cost $XXX.XX $XXX.XX $XXX.XX $XXX.XX $XXX.XX $XXX.XX 25 Exhibit A

28 EXHIBIT B GUIDELINES DOWNTOWN PROPERTY ENHANCEMENT PROGRAM Note: The information on pages 1-7 will constitute Exhibit B in the actual agreement. 26 Exhibit B

29 1. GRANTEE NAME EXHIBIT C REQUEST FOR PAYMENT FORM DOWNTOWN PROPERTY ENHANCEMENT PROGRAM 2. ADDRESS OF PROERTY IMPROVED UNDER THE PROGRAM 3. AMOUNT OF PAYMENT REQUEST AND GRANT FUNDS BALANCE a) Total Grant Funding to be received from the City: $ b) Funds Received to Date: $ c) Available prior to this request (b. minus c.): $ d) Amount of this request: $ e) Remaining Funds after this Payment (d. minus e.): $ 4. PROJECT COSTS INCLUDED IN THIS REQUEST a) Detail project costs in an itemized fashion. A Budget Worksheet is attached to use for this section. Repeat these items in the invoice template provided on page 3, attaching all invoices or receipts. DETAIL: b) When possible, the City requests that items are purchased from or work is performed by vendors or contractors located in Vallejo. Please list any items purchased outside of Vallejo and a brief explanation of why it was difficult to purchase locally. DETAIL: 27 Exhibit C

30 DATE PURCHASED BUDGET WORKSHEET ITEM ITEM DESCRIPTION NUMBER OF ITEMS AMOUNT TOTAL TO DATE: 28 Exhibit C

31 GRANTEE NAME OR BUSINESS ENTITY INVOICE TEMPLATE (for reimbursements) Bill To: City of Vallejo Bill From: Grantee Name or Business Entity 555 Santa Clara Street Address Vallejo, CA City, State, Zip Invoice Number: Invoice Date: Description 1 Reimbursement for (type of improvement, item purchased, work performed) paid to (name of vendor or contractor) on XX/XX/201X (date) Price XXX.XX 2 Reimbursement for (type of improvement, item purchased, work performed) paid to (name of vendor or contractor) on XX/XX/201X (date) XXX.XX Balance Due (Total) X,XXX.XX Please attach all voices and receipts. 29 Exhibit C

32 5. APPLICANT SIGNATURE I hereby declare under the penalty of perjury that the goods or materials covered by this report have been performed in accordance with the project specifications, are complete and accurate, and are eligible under the agreement. Printed Name Title Signature Date **OFFICIAL USE ONLY** Approved for Payment: Yes No Charge to G/L Account #: Signature: Date: 30 Exhibit C

33 EXHIBIT D CHANGE ORDER FORM DOWNTOWN PROPERTY ENHANCEMENT PROGRAM 1. GRANTEE NAME and ADDRESS 2. PROJECT NAME: 3. CHANGE ORDER NUMBER (the number of previous change orders plus one): 4. REQUESTED CHANGE IN PROJECT SCOPE a) Please describe and explain the need for changes or deviations from the Agreement, including any request to extend the Project Completion Date identified in Section B.2 above, any changes to any of the improvements or cost of improvements identified in the Project Scope (Exhibit A). 5. APPLICANT SIGNATURE I hereby declare under the penalty of perjury that the goods or materials covered by this report have been performed in accordance with the project specifications, are complete and accurate, and are eligible under the agreement. Printed Name Title Signature Date 31 Exhibit D

34 Please sign below. After review from the City Manager or designee, you will be informed if approval has been granted to change or deviate from the Project Scope. This Change Order modifies and amends the provisions of that certain Contract dated, by and between the City of Vallejo and (Grantee Name). REQUESTED BY: GRANTEE NAME: APPROVAL GRANTED: CITY OF VALLEJO, a municipal corporation By: Grantee Name Title DATE: By: Daniel E. Keen City Manager DATE: ATTEST: (City Seal) By: Dawn Abrahamson City Clerk APPROVED AS TO CONTENT: Kathleen Diohep Economic Development Manager APPROVED AS TO FORM: Donna Mooney Chief Assistant City Attorney 32 Exhibit D

35 1. GRANTEE NAME EXHIBIT E PROJECT COMPLETION REPORT DOWNTOWN PROPERTY ENHANCEMENT PROGRAM 2. ADDRESS OF PROPERTY IMPROVED UNDER THE PROGRAM 3. PROJECT COMPLETION SUMMARY Describe the work performed under the Agreement. 4. MEASURING THE IMPACT OF GRANT FUNDS Please describe, in numerical terms if possible, the impact of grant funds. Examples include increased foot traffic for the tenants, ability to garner a higher lease rate for vacant buildings, ability to meet code requirements, etc. 33 Exhibit E