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E2. Kidsports Infrastructure GrantCommunity & Economic Development 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7713 kthompson@ kalispell.com www.kalispell.com REPORT TO: Doug Russell, City Manager i FROM: Katharine Thompson, Community Development Manager SUBJECT: Montana Department of Commerce, Youth Recreational Facility Grant for Kidsports Infrastructure Improvements MEETING DATE: March 21, 2016 BACKGROUND: The City of Kalispell, in partnership with Kidsports, applied for a Youth Recreational Facility Grant through the Montana Department of Commerce. The City of Kalispell was notified of the grant award via letter on December 29, 2015. The funded grant project is for the construction of infrastructure, including: 25,000 linear feet of piping and 600 sprinkler heads for field irrigation; 800 linear feet of 8" water main, a water main tie-in, 800 linear feet of sewer main with three manholes necessary for one comfort station; 2,800 linear feet of asphalt roadway connecting Reserve Loop and Treeline Road through four parking lots; 424 parking stalls plus 6 handicapped, and 8 bus stalls all on asphalt surface. This infrastructure will allow for the subsequent development of seven multipurpose playing fields and one Babe Ruth baseball field. Total project costs are estimated at $2.4 million with the $1,412,000 grant award matched by funding sources from Kidsports. The project will be built at the northeast corner of the Kidsports facility. The grant project is expected to be completed by June 30, 2017. RECOMMENDATION: It is recommended that the City Council accept the $1,412,000 Youth Recreational Facility Grant from the Montana Department of Commerce for infrastructure improvements at the Kidsports facility. FISCAL EFFECTS: Increase City budget in the amount of the grant award, $1,412,000. Community and Economic Development will administer the grant; however, no administrative expenses are allowed by the grant. ALTERNATIVES: Reject the grant award. ATTACHMENTS: Grant Award Aimee Brunckhorst, Kalispell City Clerk MONTANA DEPARTMENT OF COMMERCE YOUTH RECREATIONAL FACILITY GRANT PROGRAM CITY OF KALISPELL CONTRACT #MT- 17-YRF-60-002 This Contract is entered into by the City of Kalispell, Montana (Grantee) and the Montana Department of Commerce (Department) for the express and mutually enforceable benefit of Kidsports, Kalispell, Montana. The Grantee and the Department hereby agree to the following terms: Section I. PURPOSE The purpose of this Contract is to provide funding for youth recreational facility improvements approved by the Department under the Youth Recreational Facility Grant Program (hereinafter "Program"), as authorized by HB 2, passed by the 64`h Legislature and as signed into law by Governor Bullock on May 5, 2015, Chapter 400, Laws 2015) and as specifically agreed to herein. Section 2. AUTHORITY This Contract is issued under authority of Chapter 400, Laws 2015 (HB2) and Title 90, Chapter 1, Part 1, MCA. Section 3. APPLICATION INCORPORATED BY REFERENCE The Grantee's application for Program assistance, including any written modifications resulting from the review of the applications by the Department (collectively, the "Project"), is specifically incorporated into this Contract by this reference and the representations made therein are binding upon the Grantee. Section 4. ACCEPTANCE OF PROGRAM REQUIREMENTS (a) The Grantee will comply with all applicable local, state, and federal laws, regulations, ordinances, and resolutions, as now in effect or as may be amended during the term of this Contract, and all administrative directives and procedures that may be established or amended by the Department for the Program, including the most current version of the Program Administration Manual. Iof15 Montana Department of Commerce Contract #MT-17-YRF-60-002 Youth Recreational Facility Grant Program City of Kalispell (b) The Grantee agrees that all contracts and subcontracts entered into for the completion of the activities described in Section 6 SCOPE OF WORK will require such contractors, subcontractors, and subrecipient entities to also comply with all applicable local, state, and federal laws, regulations, administrative directives, procedures, ordinances, and resolutions, including the most current version of the Program Administration Manual. (c) The Grantee agrees that the Project will adhere to all applicable design standards and obtain all applicable federal, state, and local permits required for the project. (d) The Grantee expressly agrees to repay to the Department any funds advanced under this Contract that the Grantee, its contractors, subcontractors, or subrecipient entities, or any public or private agent or agency to which it delegates authority to carry out portions of this Contract, expends in violation of the terms of this Contract, the statutes and regulations governing the Program, or any applicable local, state, or federal requirements. Section S. EFFECTIVE DATE AND TIME OF PERFORMANCE (a) This Contract shall take effect upon execution by the parties and will terminate on June 30, 2017 or upon approval of Grantee's Project Completion Report by the Department, whichever is earlier, unless otherwise terminated in accordance with Section 22 of this Contract. (b) All authorized expenses to be reimbursed must be incurred by the Grantee on or after May 5, 2015 and prior to the date of termination of the Contract pursuant to Section 5(a). All Requests for Reimbursement must be submitted to the Department within 90 days after the Department's approval of the Grantee's Project Completion Report. (c) The activities to be performed by the Grantee will be completed according to the implementation schedule set forth in Exhibit A. The Grantee may modify the implementation schedule set forth in Exhibit A only upon obtaining the prior written approval of the Department. (d) The Department may grant a Contract extension upon request by the Grantee if the Department determines, in its sole discretion, that the Grantee has demonstrated progress toward completion of the Project, has engaged in a good faith effort to comply with the duties, terms, and conditions of this Contract, and that the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Grantee's control. A written request for an extension must be submitted at least 60 days prior to the termination date of the Contract. 2 of 15 Montana Department of Commerce Contract #MT-17-YRF-60-002 Youth Recreational Facility Grant Program City of Kalispell Section 6. SCOPE OF WORK The Grantee will complete the Project and administer this Contract in compliance with the Project Management Plan approved by the Department and as may be amended from time to time by mutual agreement of the parties, specifically incorporated herein by this reference and binding upon the Grantee. The Grantee will use Program funds for the following components of the Project: • Construct irrigation, water system, sewer system, road, and parking improvements at the Kidsports' youth recreational facility site. Section 7. BUDGET (a) The total amount to be awarded to the Grantee under this Contract will not exceed $1,412,000. (b) A copy of the Project Budget is attached hereto as Exhibit B and specifically incorporated herein by this reference. If the Project Budget changes after construction bids are awarded or other major Project activity cost elements are determined, the Grantee shall provide the Department with an updated Project Budget. (c) For budget adjustments of $5,000 or less between line items of the Program portion of Exhibit B, Department approval of the Request for Reimbursement form will constitute approval of the budget adjustment. The Grantee shall describe the rationale for a budget adjustment and note the adjustments in the Request for Reimbursement submitted to the Department. Budget adjustments in excess $5,000 between any line item of Exhibit B must be approved in advance by the Department. (d) Any authorized funds under this grant not obligated on or before June 30, 2017, or a later date if approved by the Department pursuant to Section 5, will revert to the Department. Section 8. METHOD OF REIMBURSEMENT (a) The Department will use the Program funds appropriated in HB 2 to fund Grantee's Project. The Grantee acknowledges that its access to such funds is subject to their availability. (b) The Department agrees to reimburse the Grantee as set forth in this Section for successfully completing the activities set forth in Section 6 SCOPE OF WORK as eligible Project costs are incurred on or after May 5, 2015, supported by adequate documentation submitted by the Grantee, and upon the Department's approval of the Grantee's Request for Reimbursement. 3 of 15 Montana Department of Commerce Contract #MT-17-YRF-60-002 Youth Recreational Facility Grant Program City of Kalispell Unless previously agreed to in writing by the Department, the Department will not reimburse Grantee for any costs related to construction or contingency line items in Exhibit B until Grantee demonstrates all applicable permits for the project have been obtained, as required in Section 4(c). In requesting reimbursement, the Grantee will follow the instructions supplied by the Department. (c) In order to request payment from the Department, the Grantee must submit a Request for Reimbursement Form with supporting documentation, including invoices detailing the project expenses incurred and a breakdown of hourly billing rate by employee, activity, and timeframe, as applicable. The Department will determine, in its sole discretion, whether supporting documents for a Request for Reimbursement are sufficient and adequate to approve reimbursement. The Department may request additional documentation as needed. All documentation and Requests for Reimbursement must be received by the department within 90 days after the Department's approval of the Grantee's Project Completion Report. (d) The Department will not reimburse the Grantee for any costs incurred prior to May 5, 2015; for any expenses not included in Exhibit B or an approved adjustment thereto; for any ineligible expenses as set forth in the most current version of the Program Administration Manual; or for any expenses not clearly and adequately supported by the Grantee's records. (e) As further set forth in Section 22 TERMINATION OF CONTRACT, if the Grantee fails to or is unable to comply with any of the terms and conditions of this Contract, any costs incurred will be the Grantee's sole responsibility. (f) The Department is allowed 15 working days to process a Request for Reimbursement once adequate supporting documentation has been received by the Department. The Grantee shall provide banking information at the time of Contract execution in order to facilitate electronic funds transfer payments. (g) If the cost of the Project increases, the Department may, at its discretion, suspend the distribution of Program grant funds until the Grantee obtains a firm commitment of funds for the full Project budget. (h) If actual Project expenses are lower than projected by the Grantee in Exhibit B, or the Grantee obtains funds from other sources than as presented in the Project application, the Department, at its discretion, may reduce the amount of Program grant funds to be provided to the Grantee under this Contract in proportion to all other project funding sources. 4 of 15 Montana Department of Commerce Contract #MT-17-YRF-60-002 Youth Recreational Facility Grant Program City of Kalispell (i) If the Department determines that the Grantee has failed to satisfactorily carry out its responsibilities under this Contract or has breached the terms of this Contract, the Department may withhold reimbursement to the Grantee until such time as the Department and the Grantee agree on a plan to remedy the deficiency. Section 9. REPORTING REQUIREMENTS (a) Project Progress Reports. During the term of this Contract, the Grantee will submit project progress reports to the Department in conjunction with each Request for Reimbursement. These reports will describe the status of the activities set forth in Section 6 SCOPE OF WORK, including, at a minimum, the percentage completed, costs incurred, funds remaining, and projected completion date. The report must also provide documentation supporting each claim for expenses to be reimbursed, describe any significant problems encountered in carrying out the Project, and the scope of any necessary modifications the Grantee is requesting in the Project scope of work, budget, or implementation schedule. The Department, at its sole discretion, may decline to honor any Request for Reimbursement if the required project progress report has not been submitted to or approved by the Department. (b) Project Completion Report. Upon completion of the Project, the Grantee will submit a final Project Completion Report for approval by the Department. The Project Completion Report will describe the total costs incurred for the Project, identify the final completion date, and summarize any significant problems encountered in carrying out the Project. Within 30 working days of receiving the Project Completion Report, the Department will issue the Notice of Project Close-out. Section 10. LIAISONS The liaisons for this Contract are: For the Department: Kelly A. Lynch, Administrator (or successor) Community Development Division Montana Department of Commerce 301 S. Park Ave. P.O. Box 200523 Helena, MT 59620-0523 406-841-2770 DOCCDD@mt.gov 5 of 15 Montana Department of Commerce Contract #MT-17-YRF-60-002 Youth Recreational Facility Grant Program City of Kalispell For City of Kalispell: Katharine Thompson, Community Development Manager (or successor) City of Kalispell 201 1 st Avenue East P.O. Box 1997 Kalispell, MT 59901 406-758-7713 KThompson@kalispell.com Section 1 I. ACCESS TO AND RETENTION OF RECORDS (a) The Grantee agrees to create and maintain records supporting the services covered by this Contract, including but not limited to financial records, supporting documents, and such other records as are required by law or other authority, for a period of three (3) years after either the completion date of the Contract or the conclusion of any claim, litigation, or exception relating to the Contract taken by the State of Montana or third party, whichever is later. These records will be kept in the Grantee's offices in Kalispell, Montana. (b) The Grantee shall provide the Department, Montana Legislative Auditor, or their authorized agents access to any records necessary to determine contract compliance. Section 12. PROJECT MONITORING The Department or any of its authorized agents may monitor and inspect all phases and aspects of the Grantee's performance to determine compliance with Section 6, SCOPE OF WORK, the proper use of funds, and other technical and administrative requirements of this Contract, including the adequacy of the Grantee's records and accounts. The Department will advise the Grantee of any specific areas of concern and provide the Grantee opportunity to propose corrective actions acceptable to the Department. Section 13. COMPLIANCE WITH APPLICABLE LAWS (a) The Grantee must, in performance of work under the Contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973, the Patient Protection and Affordable Care Act ("Affordable Care Act"), and Executive Order No. 12-2015 Amending and Providing For Implementation of the Montana Sage Grouse Conservation Strategy. Any subletting or subcontracting by the Grantee subjects subcontractors to the 6 of 15 Montana Department of Commerce Contract #MT-17-YRF-60-002 Youth Recreational Facility Grant Program City of Kalispell same provisions. (b) In accordance with Section 49-3-207, MCA and Executive Order No. 04-2016, the Grantee agrees that the hiring of persons to perform the Contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, sex, pregnancy, childbirth or medical conditions related to childbirth, political or religious affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual orientation, gender identity or expression, national origin, ancestry, age, disability, military service or veteran status, or marital status. (c) The Affordable Care Act requires a Grantee, if Grantee is an applicable large employer under the ACA, to provide healthcare coverage for its employees, who provide services for the State and work for 30 or more hours per week. This coverage must also cover the eligible employee's dependents under the age of 26. The coverage must (a) meet the minimum essential coverage, minimum value, and affordability requirements of the employer responsibility provisions under Section 4980H of the Code (ACA), and (b) otherwise satisfy the requirements of the Code § 4980 H (ACA) if provided by the State. Section 14. ACCOUNTING, COST PRINCIPLES, AND AUDITING (a) The Grantee, in accordance with Section 2-7-503 and 18-4-31 I, MCA and other authorities, must maintain for the purposes of this Contract an accounting system of procedures and practices that conforms to Generally Accepted Accounting Principles (GAAP). (b) The Department or any other legally authorized governmental entity or their authorized agents may, at any time during or after the term of this Contract, conduct, in accordance with Sections 2-7-503, 5-13-304, and 18-1-1 18, MCA and other authorities, audits for the purposes of ensuring the appropriate administration, expenditure of the monies, and delivery of services provided through this Contract. Section I S. AVOIDANCE OF CONFLICT OF INTEREST (a) The Grantee will comply with Sections 2-2-121, 2-2-201, 7-3-4367, and 7-5-4109, MCA, and any other applicable local, state, or federal law regarding the avoidance of conflict of interest. (b) The Grantee agrees that none of its officers, employees, or agents will solicit or accept gratuities, favors, or anything of monetary value from contractors, subcontractors, or potential contractors and subcontractors, who provide or propose to provide services relating to the project funded under this Contract. 7 of 15 Montana Department of Commerce Contract #MT-17-YRF-60-002 Youth Recreational Facility Grant Program City of Kalispell (c) The Grantee shall promptly refer to the Department any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has submitted any false claim or has committed any criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving funds provided under this Contract. Section 16. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by the Grantee , or any of its contractors or subcontractors, in furtherance of this Contract are the property of the Grantee and the Department, which both have the royalty -free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, in whole or part, such property and any information relating thereto. No material produced in whole or part under this Contract may be copyrighted or patented in the United States or in any other country without the prior written approval of the Department and the Grantee. Section 17. ASSIGNMENT, TRANSFER, AND SUBCONTRACTING (a) The Grantee may subcontract any portion of this Contract to accomplish the completion of the Project. However, Grantee accepts responsibility for the adherence to the terms of this Contract by such contractors, subcontractors, or subrecipient entities and by any public or private agents or agencies to which it delegates authority to carry out any portion(s) of this Contract. The Grantee shall not otherwise assign or transfer any portion of this Contract without the express written consent of the Department. (b) The Grantee's assignment, transfer, or subcontract of this Contract or any portion thereof neither makes the Department a party to that agreement nor creates any right, claim, or interest in favor of any party to that agreement against the Department. No contractual relationships exist between any subcontractor, assignee, or transferee and the Department. (c) The Grantee must immediately notify the Department of any litigation concerning any assignment, transfer, or subcontract of this Contract or any portion thereof. Section 18. HOLD HARMLESS AND INDEMNIFICATION The Grantee agrees to protect, defend, and save the Department, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, causes of action of any kind or character, including the cost of defense thereof, arising in favor of the Grantee 's employees or third parties on account of bodily or personal 8 of 15 Montana Department of Commerce Contract #MT-17-YRF-60-002 Youth Recreational Facility Grant Program City of Kalispell injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the Grantee and/or its agents, employees, representatives, assigns, or subcontractors under this Contract. Section 19. INSURANCE (a) General Requirements. Grantee shall maintain and shall assure that its representatives, assigns, and subcontractors maintain for the duration of the Contract, at their own cost and expense, liability insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the duties and obligations in the Contract by Grantee, its agents, employees, representatives, assigns, or subcontractors. This insurance shall cover such claims as may be caused by any negligent act or omission. The State, its officers, officials, employees, and volunteers are to be covered as additional insured's for all claims arising out of the use of grant proceeds provided by the State of Montana. (b) General Liability Insurance. At its sole cost and expense, the Grantee shall purchase occurrence coverage with minimum combined single limits of $1 million per occurrence and $2 million aggregate per year, or as established by statutory Tort limits of $750,000 per claim and $1,500,000 per occurrence as provided by a self-insurance pool insuring counties, cities, or towns, as authorized under Section 2-9-21 I, MCA. (c) Professional Liability Insurance. Grantee shall assure that any representatives, assigns, and subcontractors performing professional services under this Contract purchase occurrence coverage with combined single limits for each wrongful act of $1,000,000 per occurrence and $2,000,000 aggregate per year. Note: if "occurrence" coverage is unavailable or cost prohibitive, the Contractor may provide "claims made" coverage provided the following conditions are met: (1) the commencement date of the contract must not fall outside the effective date of insurance coverage and it will be the retroactive date for insurance coverage in future years; and (2) the claims made policy must have a three (3) year tail for claims that are made (filed) after the cancellation or expiration date of the policy. (d) Property Insurance. At its sole cost and expense, the Grantee shall maintain property and hazard insurance, including course of construction coverage, and earthquake insurance in areas where there is a shaking level above I Og (see map at http://rmtd.mt.gov/Portals/62/aboutus/publications/files/NEHRP.pdf for loss or damage for any building and all related improvements and contents therein on the premises on a replacement cost basis throughout the term of the Contract. 9 of 15 Montana Department of Commerce Contract #MT-17-YRF-60-002 Youth Recreational Facility Grant Program City of Kalispell (e) General Provisions. All insurance coverage shall be placed with a carrier licensed to do business in the State of Montana or by a domiciliary state and with a Best's rating of at least A-, or by a public entity self -insured program either individually or on a pool basis as provided by Title 2, MCA. All certificates and endorsements are to be received by the Department prior to beginning any activity provided for under the Contract. Grantee shall notify the Department immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. The Department reserves the right to request complete copies of Grantee's insurance policy at any time, including endorsements. Section 20. DEBARMENT The Grantee certifies and agrees to ensure during the term of this Contract that neither it nor its principals, contractors, subcontractors, or subrecipient entities are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Contract by any governmental department or agency. Section 21. CONTRACT AMENDMENT Except as otherwise set forth herein, this Contract may not be enlarged, modified, or altered except upon written agreement signed by all parties to the Contract. Section 22. TERMINATION OF CONTRACT This Contract may only be terminated in whole or in part as follows: (a) Termination Due to Loss or Reduction of Funding. The Department, at its sole discretion, may terminate or reduce the scope of this Contract if available funding sources are eliminated or reduced for any reason. If a termination or modification is so required, the Department may, if sufficient Program funds are available, compensate the Grantee for eligible services rendered and actual, necessary, and eligible expenses incurred as of the revised termination date. The Department will notify the Grantee of the effective date of the termination or modification of this Contract and, if a reduction in funding is required, will provide the Grantee with a modified Project budget. (b) Termination for Cause with Notice to Cure Requirement. The Department may terminate this Contract for failure of the Grantee, its contractors, subcontractors, or subrecipient entities to perform or comply with any of the services, duties, terms, or conditions contained in this Contract after giving the Grantee written notice of the stated failure. The written notice will demand performance of the stated failure within a specified period of time of not less than 30 10 of 15 Montana Department of Commerce Contract #MT-17-YRF-60-002 Youth Recreational Facility Grant Program City of Kalispell days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period. (c) Effect of Termination. In the event of termination due to the Grantee, or its contractors', subcontractors', or subrecipient entities' failure to perform or comply with any of the services, duties, terms, or conditions of this Contract, any costs incurred will be the responsibility of the Grantee. However, at its sole discretion, the Department may approve requests by the Grantee for reimbursement of expenses incurred. The Department's decision to authorize payment of any costs incurred or to recover expended funds will be based on a consideration of the extent to which the expenditure of those funds represented a good faith effort of the Grantee to comply with the any of those services, duties, terms, or conditions of this Contract, and on whether the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Grantee's control. Section 23. DEFAULT Failure on the part of either party to perform the provisions of the Contract constitutes default. Default may result in the pursuit of remedies for breach of contract as set forth herein or as otherwise legally available, including but not limited to damages and specific performance. Section 24. COMPLIANCE WITH WORKERS' COMPENSATION ACT Grantee and its principals, contractors, subcontractors, and subrecipient entities are required to comply with the provisions of the Montana Workers' Compensation Act while performing work for the State of Montana in accordance with Sections 39-71-401, 39-71-405, and 39-71-417, MCA. Proof of compliance must be in the form of workers' compensation insurance, an independent contractor's exemption, or documentation of corporate officer status. Neither the Grantee nor its employees are employees of the Department. This insurance/exemption must be valid for the entire term of the Contract. Proof of compliance and renewal documents must be sent to the Department. Section 25. FORCE MAJEURE Neither party shall be responsible for failure to fulfill its obligations due to causes beyond its reasonable control, including without limitation, acts or omissions of government or military authority, acts of God, materials shortages, transportation delays, fires, floods, labor disturbances, riots, wars, terrorist acts, or any other causes, directly or indirectly beyond the reasonable control of the non -performing party, so long as such party is using its best efforts to remedy such failure or delays. II of 15 Montana Department of Commerce Contract #MT-17-YRF-60-002 Youth Recreational Facility Grant Program City of Kalispell Section 26. SEPARABILITY A declaration by any court, or any other binding legal forum, that any provision of the Contract is illegal and void shall not affect the legality and enforceability of any other provision of the Contract, unless the provisions are mutually dependent. Section 27. NOTICE All notices required under the provisions of the Contract must be in writing and delivered to the parties' liaisons identified herein either by email, first class mail, or personal service. Section 28. NO ARBITRATION Unless otherwise agreed to in writing or provided for by law, arbitration is not available to the parties as a method of resolving disputes that would arise under the Contract. Section 29. REFERENCE TO CONTRACT The Contract number must appear on all invoices, reports, and correspondence pertaining to the Contract. Section 30. NO WAIVER OF BREACH No failure by the Department to enforce any provisions hereof after any event of breach shall be deemed a waiver of its rights with regard to that event, or any subsequent event. No express failure of any event of breach shall be deemed a waiver of any provision hereof. No such failure or waiver shall be deemed a waiver of the right of the Department to enforce each and all of the provisions hereof upon any further or other breach on the part of the Grantee. Section 31. JURISDICTION AND VENUE This Contract is governed by the laws of Montana. The parties agree that any litigation concerning this Contract must be brought in the First Judicial District in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees. 12 of 15 Montana Department of Commerce Contract #MT-17-YRF-60-002 Youth Recreational Facility Grant Program City of Kalispell Section 32. INTEGRATION The Contract contains the entire agreement between the parties, and no statements, promises, or inducements of any kind made by either party or the agents of either party, not contained herein or in a properly executed amendment hereto are valid or binding. IN WITNESS OF THE TERMS SET OUT ABOVE, the parties hereto have caused this Contract to be executed. CITY OF KALISPELL NAME, TITLE MONTANA DEPARTMENT OF COMMERCE Kelly A. Lynch, Administrator Community Development Division Date Date 13 of 15 Montana Department of Commerce Contract #MT-17-YRF-60-002 Youth Recreational Facility Grant Program City of Kalispell EXHIBIT A YOUTH RECREATIONAL FACILITY GRANT PROGRAM PROJECT IMPLEMENTATION SCHEDULE 2016 2017 QUARTERS QUARTERS TASK I ST 2ND 3RD 4TH I ST 2ND r3RD 4TH PROJECT START-UP A. Sign contract with Department of Commerce X B. Secure approval of other funding X C. Submit progress reports and drawdown request. (Progress reports quarterly if no draws X X X X X submitted) PROJECT CONSTRUCTION A. Architectural Design X B. Conduct pre -construction conference X C. Construction and purchase and installation of equipment X X X X D. Monitor Progress X X X X X X E. Final Inspection X PROJECT CLOSE-OUT A. Department of Commerce staff conduct on -site monitoring of the X X X X X project. B. Submit project completion X report. C. Include project in audits. X 14 of 15 Montana Department of Commerce Youth Recreational Facility Grant Program Contract #MT-17-YRF-60-002 City of Kalispell EXHIBIT B YOUTH RECREATIONAL FACILITY GRANT PROGRAM PROJECT BUDGET SOURCE: SOURCE: SOURCE: SOURCE: TOTAL Youth Rec Grant ADMINISTRATIVE/FINANCIAL COSTS: Grant Administration $0.0 $0.0 $0.0 $0.0 Office Costs $0.0 $0.0 $0.0 $0.0 Professional Services $0.0 $0.0 $0.0 $0.0 Legal Costs $0.0 $0.0 $0.0 $0.0 Travel & Training $0.0 $0.0 $0.0 $0.0 TOTAL ADMINISTRATIVE/ $0.0 $0.0 $0.0 $0.0 FINANCIAL COSTS ACTIVITY COSTS: Equipment Costs $0.0 $0.0 $0.0 $0.0 $0.0 Construction Costs $1,275,000 $198,654 $360,000 $108,000 $1,941,654 Arch itectu rat/Engineerin $225,000 $0.0 $0.0 $0.0 $225,000 g Design Project Analysis (Engineering reports, $0.0 $0.0 $0.0 $0.0 $0.0 studies, etc) Contingency $0.0 $22,072 $40,000 $12,000 $74,072 TOTAL ACTIVITY $1,500,000 $220,726 $400,000 $120,000 $2,240,726 COSTS TOTAL PROJECT $1,500,000 $220,726 $400,000 $120,000 $2,240,726 COSTS: 15 of 15 Montana Department of Commerce Youth Recreational Facility Grant Program Contract #MT- 17-YRF-60-002 City of Kalispell