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HomeMy WebLinkAbout000514 Original Contracti City of Port Angeles Record #000514 GRANT PROGRAM AGREEMENT BETWEEN City of Port Angeles and MS Brewer Properties, LLC This agreement is made between the City of Port Angeles (hereinafter referred to as the "City and MS Brewer Properties, LLC (hereinafter called the Grantee) for the facade improvement project described in this document and its attachments (herein called the Project). WHEREAS, the City allocated Community Development Block Grant (CDBG) program income to a facade improvement and rehabilitation grant program, which is CDBG eligible activity; and WHEREAS, the City has awarded a grant to reimburse a portion of the costs of facade improvements to the property located at 117 -119 West First Street; Parcel Number 063000001554 063000001557. NOW, THEREFORE, the City and Grantee do mutually agree to the following terms and conditions: 1. SCOPE OF SERVICES The Grantee will complete the work and /or task described in the Project Overview that is attached hereto, marked as Attachment A, and incorporated herein by reference. A list of detailed project tasks to be paid for with City funds under this grant agreement is marked as Section C, and incorporated herein by reference. The City shall have the right to determine whether the work and /or task is completed satisfactorily and properly. 2. GRANTEE'S OBLIGATIONS The Grantee warrants that he /she is the Owner of record of the above property or has written permission from the Owner to perform the proposed improvements described in Attachment A. The effective date of this agreement will be the date the parties sign. Grantee agrees to complete work described in the attached Plans and Specifications within ONE HUNDRED EIGHTY (180) days after the effective date. In the event the Director of CED finds that the Grantee has prosecuted the work with reasonable diligence but, due to factors beyond its reasonable control, the Grantee is unable to complete the work within 180 days, the City Manager is authorized to extend the time to complete the work. All facade improvements shall be consistent with zoning and building codes currently in effect for the City. The Grantee shall assure that any permit or review necessary shall be issued before the work on the facade improvement begins. The Grantee shall be responsible for the construction and management of the entire project. If the facade improvements are maintained for at least five (5) years, the Grantee is not obligated to repay any part of the grant to the CITY. If the facade improvements are not maintained for at least five (5) years, the Grantee shall immediately repay to the CITY the amount of the grant, less 20% of the amount for each year the facade improvements were maintained. 3. BUDGET The City will reimburse to the Grantee the amount of 50% or $10,000, whichever is less, for eligible incurred costs and expenses for the Project according to the budget shown on the Attachment A. Only the work that is outlined in Section C will be eligible for reimbursement. This agreement is funded with CDBG program income funds. The Grantee acknowledges and agrees that the funds must be used only for CDBG eligible expenditures. 4. PAYMENT Disbursement of funds shall be made upon submittal of invoices for completed work. Invoices may be submitted after project completion or incrementally as work is completed. Invoices may be submitted up to twice monthly. Work will be inspected for completeness before funds are disbursed for reimbursement. All documentation for payment must be provided no later than six (6) months after the application has been approved or as stipulated in the request for an extension. Payment will be made to the Grantee by the City within four (4) weeks after City deems invoiced costs and documentation to be complete. Payment shall be made only to the Grantee. The Grantee's submission must include itemized invoices detailing the work completed and materials purchased, with proof that payments in full have been made to Contractors and vendors, if applicable. Grantee acknowledges, and agrees to inform its Contractor, that the City has no obligation to pay the Contractor for work performed for the Grantee under this Program. This agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party shall have any claim or right of action hereunder for any cause whatsoever. 5. GENERAL CONDITIONS A. General Compliance. The Grantee agrees to comply with all applicable Federal, state and local laws, regulations, and policies, governing the funds provided under this agreement. B. Independent Contractor. Nothing contained in this agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The Grantee will at all times remain an "independent contractor" with respect to the services to be performed under this agreement. Invoices for services will be submitted to the grantee only. The grantee will submit to the City invoices for the project activities described under Section C of Attachment A. The City will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the Grantee is an independent contractor. C. Hold Harmless. The Grantee will hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Grantee's performance or nonperformance of the services or subject matter called for in this agreement. D. Workers' Compensation. The Grantee will provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this agreement. E. Contract with Contractor. Each contractor who is performing the work approved for this Project shall have a valid State of Washington Contractor's License. F. Labor Code /Prevailina Waae. Grantee acknowledges that improvements constructed with the proceeds of the grant constitute construction, alteration, demolition, installation, or repair work done, in part, with public funds. To the extent that such laws apply, the Grantee shall comply with all requirements of applicable federal, state and local laws and regulations pertaining to labor standards and payment of prevailing wages (collectively, "Prevailing Wage Laws specified by Washington State Department of Labor and Industries for Clallam County. Rates can be found at https: fortress. wa. aov/ Ini /waaelookup /prvWaaelookup.aspx. A hard copy of the required rates will be mailed to the applicant upon request. When required to comply with Prevailing Wage Laws, Grantee shall (i) require its contractors and subcontractors to submit certified copies of payroll records to Grantee; (ii) maintain complete copies of such certified payroll records; and (iii) make such records available to City and its designees for inspection and copying during regular business hours. Grantee shall defend, indemnify and hold harmless the City and its officers, employees, volunteers, agents and representatives from and against any and all present and future claims, arising out of or in any way connected with Grantee's obligation to comply with all Prevailing Wage Laws, including all claims that may be made by contractors, subcontractors or other third party claimants. G. Fundina Source Recoanition. The Grantee will insure recognition of the roles of the City in providing services through this agreement. H. Suspension or Termination. The City may suspend or terminate this agreement if the Grantee materially fails to comply with any terms of this agreement, which include (but are not limited to) the following: Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, guidelines, policies or directives as may become applicable at any time; Failure, for any reason, of the Grantee to fulfill in a timely and proper manner its obligations under this Agreement; or Submission by the Grantee to the City of reports that are incorrect or incomplete in any material respect. 6. ADMINISTRATIVE REQUIREMENTS A. Financial Manaaement Accountina Standards. The Grantee agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Documentation and Record Keeping: The Grantee will maintain thorough records pertinent to the activities to be funded under this Agreement, including records adequate to document that the funds were expended on CDBG eligible activities. C. Access to Records and Retention. All such records and all other records pertinent to this agreement and work undertaken under this agreement will be retained by the Grantee for a period of six years after the City's final audit of Project, unless a longer period is required to resolve audit findings or litigation. In such cases, the City will request a longer period of record retention. D. Audits and Inspections. All Grantee records with respect to any matters covered by this Agreement will be made available to the City and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Grantee within 30 days after receipt by the Grantee. Failure of the Grantee to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. E. Reporting The Grantee, at such times and in such forms as the City may require, will furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this agreement. 7. SEVERABILITY If any provision of this agreement is held invalid, the remainder of the agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. 8. PERFORMANCE WAIVER The City's failure to act with respect to a breach by the Grantee does not waive its right to act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 9. ENTIRE AGREEMENT This document states the entire agreement between the City and the Grantee for the use of funds received under this agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the City and the Grantee with respect to this agreement. IN WITNESS WHEREOF, the City and the Grantee have executed this agreement as of the date and year last written below. CITY OF PORT ANGELES By: Title: c 1 mei kla cf Date: 1 O l a oZ Approved as to form: William E. Bloor, Att rney GRANTEE By: 17 1 gr4vEr Ry S /IL- Date: 74 20/ Z Title: Budget Category 21 A General Admin. Project: rewer Properties, LLC A: Brief Description Replace existing metal awning with lighter canvas structure to match other downtown buildings, replace the glass tiles, repair trim and parapet, and paint. Section B: Goals /Expected Results /Products Section C: Project Schedule and Budget (sample) Budget Category Schedule Total Goals /Expected Results /Products Enhance the aesthetic of a highly visible building located in the downtown. Improve safely by replacing a heavy metal awning. Improve the building's general curb appeal in hopes of attracting new tenants for the vacant storefront. Project Activity Permit Mobilization Equipment Demolition Debris Clean -up Fasteners Framing Veneer Flashing Trim Painting Awning 1 Start Date' Fall 2012 City Funding 1750 900 450 1800 720 1480 450 Applicant Match $360.75 $1,460 $360 1240 $1,750 2450 5050 $10,000 $10,220 1 End Date Fall 2012