HomeMy WebLinkAboutPC 10132021 Agenda Packet
AGENDA
PLANNING COMMISSION
Virtual Meeting: https://www.cityofpa.us/583/Meetings-Agendas
October 13, 2021
6:00p.m.
I.CALL TO ORDER
II.ROLL CALL
III.PUBLIC COMMENT
IV.APPROVAL OF MINUTES
September 22, 2021
V.ACTION/DISCUSSION/WORK SESSION
1.Action: Building Residential Capacity Code Update Public Hearing
Maker’s Architecture Presentation and Public Hearing for the draft Municipal Code
updates related to Building Residential Capacity.
2.Discussion: Climate Action Plan Green House Gas Inventory
Presentation of the results of the Green House Gas Inventory for Government and
Community-wide emission.
3.Action: Façade Grant 21-01
Olympic Place Apartments, 210 North Eunice Street
VI.STAFF UPDATES
VII.REPORTS OF COMMISSION MEMBERS
VIII.ADJOURNMENT
MINUTES
PLANNING COMMISSION
6¨±³´ « -¤¤³¨¦
0®±³ !¦¤«¤²Ǿ 7 ²§¨¦³® ΘΗΒΕΑ
3¤¯³¤¬¡¤± ΑΑǾ 20Αΐ Ε:00 p.m.
2%'5,!2 -%%4).'
PLEDGE OF ALLEGIANCE
Chair Schwab opened the regular meeting at 6:00 p.m.
ROLL CALL
Commissioners Present: Andrew Schwab (Chair), Benjamin Stanley (Vice-Chair), Riche
Ahuja, Steve Luxton, Marolee Smith, Steven Switzer, Colin
Young
City Staff Present: Allyson Brekke (Director)
Emma Bolin (Manager)
Ben Braudrick (Associate Planner)
Chris Cowgill (Assistant City Attorney)
Bob Bengford (MAKERS Architecture)
Scott Bonjukian (MAKERS Architecture)
Public Present: Virtual Meeting
PUBLIC COMMENT:
John Ralston, City Resident
Commended the work that the City and consultant MAKERS Architecture had produced. He
appreciated the visuals that MAKERS had produced to demonstrate the draft code requirements
Chair Schwab closed public comments
APPROVAL OF MINUTES:
Commissioner Stanley moved to accept the minutes from the July 28, 2020 meeting.
Commissioner Switzer seconded, all were in approval
ACTION ITEMS
1. Work Session: Building Residential Capacity Presentation
Consultants Bob Bengford and Scott Bonjukian presented an overview of the draft code changes
related to building residential capacity to the Planning Commission.
Chair Schwab opened up the work session to comments and questions from the Commission. He
commented that the charts and zoning colors were difficult to differentiate and asked if they could
be changed to provide more distinction. He asked if existing accessory dwelling units (ADU’s)
could be subdivided to become a primary home on a separate lot. Director Brekke responded that
stand alone ADU’s are currently not allowed but that there may be direction in the non-conforming
chapter of Title 17. There may be an opportunity to clarify ADU standards for existing or remodeled
ADU’s in the draft code update. Consultant Bengford added that splitting a lot with one street
10-13-2021 PC Meeting Agenda Packet
Planning Commission Minutes
November 13, 2019
Page 2
access would continue t not be allowed by this draft code update. The possibility was discussed by
staff. It could be something that is looked at down the road during another code update.
Commissioner Stanley stated that he was overall impressed by the draft proposal and felt it
balanced the community’s needs. He provided an example of increased residential density and
encouraging affordable housing without too many standards that may stifle development. He asked
if eliminated lot coverage requirements would allow development all the way to the property line
or 100% of the lot. Consultant Bonjukian clarified the difference between lot and site coverage.
Lot coverage would only be for structures, not hard surfaces. Setbacks and landscape standards will
regulate the distance a structure can be located in relation to the property line. Commissioner
Stanley asked if a property owner could subdivide into a 3,500 sf lot with an existing home and
create a duplex. He wondered if a property owner could create 4 units on 7,000 sf with a
subdivision. Director Brekke responded that duplexes are currently allowed as a primary use in
all but the R11, Residential Lower Density zone. Commissioner Stanley asked if an ADU would
be allowed as an accessory use to a duplex. Director Brekke responded that an ADU is defined as
an accessory use to a single-family residence, so at this time it could not be located on the same lot.
Commissioner Stanley commented that the height restriction on the east side of Lincoln Street
would disrupt the potential development at a greater density of several large vacant lots in that area.
He supported changing all the mixed designations to storefront in the downtown area to promote a
more pedestrian friendly environment.
Commissioner Luxton commented that the 25-foot lot frontage width should be available in all of
the City’s R7 zoning districts, not just the core townsite. He felt that the number of design standards
increased the complexity for developers and would make it more difficult for staff to evaluate a
building permit application.
Commissioner Smith had comments but was unable to overcome audio issues.
Commissioner Ahuja stated that he had come into the meeting late and had no comments. Planner
Braudrick let the Commissioners know that the meeting was being recorded and could be watched
at a later date.
Commissioner Switzer echoed what Commissioner Stanley had said about the height
requirements on the east side of Lincoln Street.
Commissioner Young agreed with eliminating the Lincoln Street height requirement. He asked
about subdividing lots that were slightly less than 7,000 sf. Director Brekke answered that the
code allowed for a de minimis variance on lots that were no more than 5 percent less than the
required lot area for just such situations. Planner Braudrick commented that there likely wasn’t a
single 7,000 sf lot in Port Angeles, they are all slightly less or more than that area. Commissioner
Young commented that the 10 percent open space requirement for small lots may be difficult on
steep slopes, which are prevalent in Port Angeles. Consultant Bonjukian responded that it could
be a covered or hardscaped area, and it didn’t need to be a flat space, just open space.
Commissioner Young commented that the height restriction should be higher near the hospital to
allow for growth upwards. He also felt that one-story structures should be allowed in the downtown
area and didn’t feel like multifamily living should have a common open space requirement because
he didn’t feel like those spaces are ever used. He asked about parking requirements and if they can
be reduced if you are in a more walkable area of the City. Consultant Bonjukian responded that
the existing parking requirements were located in Chapter 14.40 of the Municipal Code and that
there were additions proposed to make that section more flexible. Commissioner Young asked if
landscape standards would apply to existing uses or if they would be grandfathered in, even if the
business changed. Director Brekke responded that the regulations would only be required for new
development or an addition to an existing use. The Commissioner commented that although he
didn’t particularly like big box stores, that he didn’t like seeing them constructed in unannexed
areas outside of the City. The Director responded that those uses need large or accumulated lots.
10-13-2021 PC Meeting Agenda Packet
Planning Commission Minutes
November 13, 2019
Page 3
There are fewer options in the City.
Manager Bolin r ead a question from Commissioner Smith asking if there were any allowances
being made for portable living units such as tiny homes in the draft code. Director Brekke stated
that the inclusion of permanent living in those types of structures was outside the scope of the
current code update.
Commissioner Luxton wondered about the conflicts that might arise from the proposed code and
the existing Urban Service Standards and Guidelines.
STAFF UPDATES
Manager Bolin relayed to the Commission that the City was losing its Assistant Planner. She stated
that the Climate Action Planning Group was meeting with consultant Cascadia to discuss the
completed Greenhouse Gas Inventory and Public Participation effort next Monday. She let the
Commission know that they would be getting an update on the Inventory at their next meeting.
November may provide an opportunity for the Commission to review the Council Strategic Plan
and start to plan the Commission’s business in 2022. The Commissions would continue to hold
meetings virtually and would follow the lead of the City Council when to go back in person.
Director Brekke updated the Commission on the Envision Port Angeles Code update and the
success of the community survey. She stated that staff would provide the website for the code
update. She reminded the Commission of the schedule for the code update they were briefed on
th
.
today, with a Public Hearing being held on October 13
Planner Braudrick noted that the Façade Grant program had been reopened and that they would
th
be reviewing an application on the 13 as well.
REPORTS OF COMMISSION MEMBERS
Chair Schwab asked about the recycling containers behind his business. Director Brekke directed
the Commissioners to read the press release that was recently published by the City on the matter.
Commissioner Stanley commented on the opportunity to create a McMenamins at the old Lincoln
School.
Commissioner Young supported looking at the Council’s Strategic Plan. He also supported staff
walking the Commissioners through a typical development from beginning to end to better
understand the process.
ADJOURNMENT
The meeting adjourned at 7:51 p.m.
Ben Braudrick, Secretary Andrew Schwab, Chair
PREPARED BY: Ben Braudrick, Secretary
10-13-2021 PC Meeting Agenda Packet
TO:Planning Commission
FROM:Ben Braudrick, AssociatePlanner
MEETINGDATE:October 13, 2021
RE:Façade Grant Applicationfor Olympic PlaceApartments(Grant No. 21-01)
APPLICANT:Christian Hampp, 1242 St Street Ste 1, PMB 1031 Marysville, WA 98270
OWNER:Same as Applicant
LOCATION:210 N Eunice Street, Port Angeles, WA 98362
RECOMMENDATION:Staffrecommendsthefacadegrantawardamountof$10,000.00toward
thereplacementofthestructure’scurrentsiding,includingbuildingwrap,windowanddoortrim
andrepaintingoftheentirebuildingfaçadelocatedat210NEuniceStreet,(GrantNo.21-01).
PROJECTSUMMARY
Christian Hamppis requesting funding toward the replacement of the structure’s current siding,
including building wrap, window and door trim and repainting of the entire building façade
located at 210 N Eunice Street, (Grant No. 21-01). The applicantis requesting these funds as part
of a larger phased effort torehabilitate the apartment exterior and landscaping. A more in-depth
description of the proposed work and its intended outcome can be found in “Attachment A” to
this document.The desired result of this proposal is to havean attractiveand inviting façade for
apartment tenants and passing vehicular and pedestrian traffic.
STAFFANALYSIS
The Community Façade and Sign Improvement Program was authorized by the City Council
through the passing of ordinance#3476. This authorization is represented in Chapter 2.80 of the
Port Angeles Municipal Code. The Program will provide a grant for funding of façade
improvements that will enhance the physical appearance, accessibility, and overall value of
individual buildings as well as the surrounding downtown area. In evaluating proposals for
funding, Staff reviewed the “Evaluation criteria and prioritization” of Section 2.80.110:
1.Private contribution over and above the required match;
Staff Analysis: Per the submitted budget, the applicant is providing above and beyond the
required 50 percent match, with the project cost totaling $76,000. The applicant is ready to begin
work as soon as the grant approval process is complete.
2.Present condition of existing façade:
Staff Analysis: As seen in Figures 1 and 2, the existing façade is in a state of relative disrepair. The
façade itself has been updated with paint in recent years, but the exterior siding has not been
10-13-2021 PC Meeting Agenda Packet
Olympic Place Apartments at 210 N Eunice Street, No. 21-01
October 13, 2021
Page 2
Figure 1: Existing Façade (facing Front Street)
updated for many years. The proposed changes will assist in brightening up the public space
along the Front Streetcorridorat the corner of Eunice and Front Streets. The property owner has
also expressed interest in improving the property’s landscape and street tree installations.
3.The building’s overall public visibility;
Staff Analysis: The building is highly visible along the Frontstreet corridor, as it is located at the
corner of a busy intersection on the 101 couplet.
4.Expected increase in assessed value of improvement;
Staff Analysis: The improvements to the structure are extensive in order to accommodate for the
change in use and will undoubtedly increase the assessed value of the structure.
5.Historic Preservation;
Staff Analysis: City records for the structure date back to the 1950’s. The exterior of the building
has been modified several timesover the course of its existence. This proposal is not making any
changes that would alterthe size, shape, or character of current façade(see Figure 3).
6.Context in the block or neighborhood;
Staff Analysis: The structure is on the corner of Eunice and Front Streets and is highly visible to
westbound traffic.
10-13-2021 PC Meeting Agenda Packet
Olympic Place Apartments at 210 N Eunice Street, No. 21-01
October 13, 2021
Page 3
Figure 2: Existing Façade Damage Details
Figure 3: Proposed Façade Changes
7.Benefit partner projects on same block;
Staff Analysis: There have been tworecent façade grants awarded on this section of the Front
Street corridor: FSG 16-12 “Imagine It Framed” at 625 E Front St. and FSG 18-12 “Habitat For
Humanity” at 728 E Front St..
FINDINGS,CONDITIONS&CONCLUSIONS
Staff determines the following findings based on Staff’s review of the Program’s criteria:
Findings
1.TheFaçade Grant (ApplicationNo. 21-01) was submitted by Christian Hamppto the
Department of Community and Economic Developmenton September 1, 2021.
2.The location of the work proposedis 210 N Eunice Street.
3.The project site is located within the CA, Commercial Arterialzone.
4.The grant request includesthere-sidingofthestructure, including:
a.Building wrap;
b.Window and door trim; and
10-13-2021 PC Meeting Agenda Packet
Olympic Place Apartments at 210 N Eunice Street, No. 21-01
October 13, 2021
Page 4
c.Repainting of the entire building façade
5.The application was reviewed by Planning Division Staff under the Façade and Sign Grant
Program criteria, as included in Chapter 2.80 of the Port Angeles Municipal Code.
6.The applicant is requesting $10,000.00 toward façade improvements valued no more
than $76,000.
7.The request will be heard by the Planning Commission at the regularly scheduled meeting
October 13, 2021.
Conclusions
Based on the findings above, Staff makes the following conclusions:
1.Grant Application No. 21-01 is found to provide for façade improvements that will
enhance the physical appearance and overall value of the Front Street corridor.
2.Grant Application No. 21-01isfound to meet the grant program’s criteria as included in
Section 2.80.110 of the Port Angeles Municipal Code.
3.Therefore, Staff is recommending support of approval of the grant proposal with
conditions of approval that outlines therequirements of the final award of funding.
Conditions
Based on Staff’s finding and conclusions, the following conditions are placed on this grant
application approval:
1.Upon the date the Planning Commission’s approval, the applicant may proceedwith the
expenditures detailed in the application.
2.The applicant shall sign a grant contract with the City of Port Angeles for the
reimbursement of a maximum amount of $10,000.00 for façade improvements. The
applicant will be given 180 days to submit reimbursement of expenditures associated
with the approved grant proposal from the date of Planning Commission action. If
progress on the project can be demonstrated, the applicant may request one 180-day
contract extension.
3.The applicant shall submit invoices for total reimbursement with a coversheet detailing
each invoice number, amount, and type of payment and not exceeding the awarded
grant amount. Reimbursement by the City will occur within 30 days of submission.
4.Prior to reimbursement, the property must be available to Staff for a site visit on the
property confirming the work was done according to the approved grant application.
5.A building permit shall be required and submitted to the Department of Community &
Economic Development for any and all constructionwork beyond repair.
6.Any labor performed in association with the grant proposal over $2,000.00 must meet
federal prevailing wage standards.
ATTACHMENTS
A.Application materials
B.Draft Contract
10-13-2021 PC Meeting Agenda Packet
Attachment A
10-13-2021 PC Meeting Agenda Packet
Attachment A
Façade Grant Application - 210 N Eunice St, Port Angeles
1. Detailed Project Narrative Description
We purchased the property at 210 N Eunice Street in September 2020. By that time, a
substantial amount of deferred maintenance had accumulated, with the most obvious and
urgent items being the roof and exterior siding. The roof was completely redone in May of
2021, at considerable expense. Replacing the siding is now needed to restore and maintain
the building’s ability to protect the tenants from the elements and to approve the visual
appeal of the building.
The building was erected in the 1950s. Even though it is uncertain when the current siding
was put in place, visual inspection of its condition (photos attached) quickly reveals major
deficiencies, with a clear possibility of water intrusion. The current siding is beyond repair,
and we are prepared to replace it in its entirety.
The property is located in a commercial arterial zone, and highly visible to vehicular and foot
traffic. The siding in its current condition clearly limits the visual appeal of the building.
The community, including surrounding businesses and homes, will benefit when we turn this
property from a sore spot to a true community asset with an attractive visual appeal.
We plan to replace the current siding with durable and clean-looking Hardie lap siding. At
this point, we are obtaining quotes for the color plus option, that is, using pre-painted
material that obviates the need for repaint years down the road, vs. using primed material that
can be painted in any color. Regardless of the material, we prefer a blue siding with white
trim and yellow painted front doors, to provide the property with a modern look, while the
maritime color scheme will highlight the location close to the waterfront and port of Port
Angeles.
In addition, a building sign with the property name (Olympic Place Apartments) is to be
installed on the South or East façade (E Front St or N Eunice St), possible during the next
funding cycle.
Project dates will be determined in consideration of contractor availability, the timeline of the
façade grant, and weather conditions in Port Angeles. Our goal is to commence and finalize
the project in Fall of 2021, prior to the onset of the rainy season. However, if the above
timeline cannot be met, we aim toward Spring of 2022.
10-13-2021 PC Meeting Agenda Packet
Attachment A
2.Detailed Project Budget
Please refer to the attached quote provided by a siding contractor with whom we have a well-
established relationship. We obtained several additional quotes, with less favorable numbers.
This quote, which includes replacing all siding, house wrap, window trim, and painting of
siding and doors, amounts to $70,000, before tax, including labor and materials. Additional
cost may incur if sheathing needs to be replaced, and for the replacement of gutters on the
West side of the building. We are still awaiting additional contractor’s quotes.
10-13-2021 PC Meeting Agenda Packet
Attachment A
Packet
Western (rear) side of the building, from parking lot
Agenda
Meeting
PC
10-13-2021
View of Northern and Eastern façade, N Eunice St
Photographs of Current Conditions
3.
Attachment A
Packet
Agenda
South façade (E Front St), Western half
Meeting
PC
10-13-2021
South façade (E Front St), Eastern half
Attachment A
East façade (N Eunice St)
,
Detail
Packet
Agenda
Meeting
PC
South facade
,
Detail 10-13-2021
façade (E Front St)
South
,
Detail
Packet
Agenda
Meeting
PC
10-13-2021
Attachment A
10-13-2021 PC Meeting Agenda Packet
Attachment A
10-13-2021 PC Meeting Agenda Packet
Attachment A
10-13-2021 PC Meeting Agenda Packet
Attachment A
10-13-2021 PC Meeting Agenda Packet
Attachment A
10-13-2021 PC Meeting Agenda Packet
Attachment A
10-13-2021 PC Meeting Agenda Packet
Attachment A
10-13-2021 PC Meeting Agenda Packet
Attachment A
10-13-2021 PC Meeting Agenda Packet
Attachment B
GRANT PROGRAM AGREEMENT
BETWEEN
City of Port Angeles and
Olympic Place Apartments, LLC
This agreement is made between the City of Port Angeles, a non-charter code city and municipal
corporation of the State of Washington (hereinafter referred to as the “City”) and Olympic Place
Apartments, ::C (hereinafter called the Grantee) for the façade improvement project described
in this document and its attachments (herein called the Project).
WHEREAS, the City has allocated Community Development Block Grant (CDBG)
program income to a façade improvement and rehabilitation grant program, which is a CDBG-
eligible activity; and
WHEREAS, the City has awarded a grant to reimburse a part of the costs of façade
improvements for the property located at 210 N Eunice Street, Port Angeles; Parcel Number
#0630-00-51-4080; and
WHEREAS, the Grantee has agreed to perform the work to improve the facade of the
above described property;
NOW, THEREFORE, the City and Grantee do mutually agree to the following terms and
conditions regarding the above mentioned property to be improved using City funds through the
Facade Grant Program:
1. SCOPE OF SERVICES
The Grantee will complete in a satisfactory and proper manner as determined by the City the
work described in the Project Overview. A listing of detailed project tasks is in the Façade
Grant Application No. 21-01.
PROJECT OVERVIEW
Grantee: Olympic Place Apartments, LLC
Grant No. 21-01
Section A: Brief Description
Funds will be used See Staff Report Recommendation
Budget Category Goals/Expected Results/Products: Improvements to the building’s exterior
façade.
21AGeneralAdmin The project is anticipated to result in façade improvements that will
enhance the physical appearance, accessibility, and overall value of the
building as well as surrounding areas.
10-13-2021 PC Meeting Agenda Packet
Attachment B
2.GRANTEE’S OBLIGATIONS
The Grantee warrants that they are the owner of the above property or has written permission
from the Owner of the property to perform the proposed improvements described in the Project
Overview and Scope of Work and Budget and incorporated herein by reference.
Grantee agrees to complete work described in the attached Application within ONE HUNDRED
EIGHTY (180) days after the effective date. In the event the Director of Community and
Economic Development finds that the Grantee has commenced 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 façade 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 under City ordinances
shall be approved prior to beginning the work on the façade improvement begins.
The Grantee shall be responsible for the construction and management of the entire project.
Once complete, if the façade improvements are maintained for at least five years, the Grantee is
not obligated to repay any part of the grant to the CITY. If it is determined, at the City’s sole
discretion, that the façade improvements are not maintained for at least five years after
completion, the Grantee shall immediately repay to the CITY the amount of the grant, less 20%
of the amount for each year the façade 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 Scope
of Work and Budget. Only the work that is outlined in the Project Overview and included in
Facade Grant Application No. 21-01 will be eligible for reimbursement.
It is understood that 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 as
proposed in Façade Grant Application No. 21-01 and approved by the City Planning
Commission.
SCOPE OF WORK AND BUDGET
Grantee: Olympic Place Apartments, LLC
Grant No. 21-01
Section C: Project Scope and Budget
Budget Category Project Project Applicant’s City
Activities Totals Contribution Contribution
21AGeneralAdmin Materials and $76,000$66,000 $10,000
Labor
4. PAYMENT
10-13-2021 PC Meeting Agenda Packet
Attachment B
Disbursement of funds shall be made only after the Project is complete and certified by City staff
to be in compliance with the approved design. The work must also adhere to any required
inspections before funds are disbursed for reimbursement. All documentation for payment must
be provided at one time to the City for one payout, and the receipts 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 weeks after City deems
all project costs and documentation to be complete. Payment shall be made only to the Grantee.
The Grantee’s request for reimbursement 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.
Unless otherwise agreed to in writing by both parties, the Grantee’s total reimbursement under
this agreement, including labor and materials, shall not exceed the maximum sum of $10,000.
The budget for labor and materials is outlined in the Scope of Work and Budget. Budgets for
each line item may be modified upon mutual agreement between the two parties, but in any
event, the total payment to Grantee shall not exceed $10,000.
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. Effective Date. Grant was approved by the Planning Commission on October 13, 2021
which is the effective date of this agreement.
C. 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. 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.
D. 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.
E. Workers’ Compensation. The Grantee will provide Workers’ Compensation Insurance
Coverage for all of its employees involved in the performance of this agreement.
F. Contract with Contractor. Each contractor who is performing the work approved for this
Project shall have a valid State of Washington Contractor’s License.
10-13-2021 PC Meeting Agenda Packet
Attachment B
G. Labor Code/Prevailing Wage. Grantee acknowledges and agrees that the Grantee’s
improvements to be constructed with the proceeds of the grant constitute construction, alteration,
demolition, installation, or repair work done under contract and paid for in whole or in part out
of public funds. 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").
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.
H. Funding Source Recognition. The Grantee will insure recognition of the roles of the City
in providing services through this agreement.
I. Suspension or Termination. The City may suspend or terminate this agreement if the City
determines, at its sole discretion, that the Grantee has materially failed 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 statutes, 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 Management Accounting 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 the
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. Insuch cases, the City will request a longer period of record retention.
10-13-2021 PC Meeting Agenda Packet
Attachment B
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. 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.
8. 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: GRANTEE: Olympic Place Apartments,
LLC
By:, City Manager By: , Governor
Date: Date:
Approved as to form:
William E. Bloor, City Attorney
10-13-2021 PC Meeting Agenda Packet