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HomeMy WebLinkAbout000675 Original Contract City of Port Angeles Record #000675 GRANT PROGRAM AGREEMENT BETWEEN City of Port Angeles and Carol Clayton d/b/a Athlete's Choice This agreement is made between the City of Port Angeles (hereinafter referred to as the "City") and Carol Clayton doing business as Athlete's Choice (hereinafter called the Grantee) for the fagade 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 fagade improvement and rehabilitation grant program, which is CDBG-eligible activity; and WHEREAS, the City has awarded a grant to reimburse a part of the costs of fagade improvements for the property located at 215 West First Street, Port Angeles; Parcel Number 0630000001475; 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 SER VICES The Grantee will complete in a satisfactory and proper manner as determined by the City the work described in the Project Overview that is attached hereto, marked as Attachment A, and incorporated herein by reference. A listing of detailed project tasks is marked as Attachment B, and incorporated herein by reference. 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 B. 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 fagade 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 Ordinance shall be approved before the work on the fagade improvement begins. - 1 - The Grantee shall be responsible for the construction and management of the entire project. If the facade improvements are maintained for at least five years, the Grantee is not obligated to repay any part of the grant to the CITY. If the fagade improvements are not maintained for at least five 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 501/o or $885.97, 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 Attachment B 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. 4. PAYMENT 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 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. S. 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. 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. - 2 - 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/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. G. Funding Source Recognition. 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 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. ADMINIS TRA TIVE 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. - 3 - 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. 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 GRANTEE: Carol Clayton d/b/a Athlete's Choice By: _�,, / By a=AeC� Title: C / l a-r— Title: Date: i b a i _- - 4 - Approved as to form: William E. Bloor,IC ity Attorney Attachments: A—Project Overview B —Scope of Work and Budget - 5 - ATTACHMENTA - PROJECT OVERVIEW Grantee: Carol Clayton d/b/a Athlete's Choice Grant No. 13-04 Section A: Brief Description This project will enable upgrades to the building located at 215 West First Street in the City's Commercial Business District(CBD) zone. Section B: Goals/Expected Resulis/Products Budget Category Goals/Expected Results/Products 2 1 A General Admin. Replace 3 rotting wooden signs on our newly painted building with new vinyl signs, giving our store front a fresh look. ATTACHMENT B-,SCOPE OF WORK AND BUDGET Grantee: Carol Clayton d1b/a/Athlete's Choice Grant No. 13-04 Section C 'Project Schedule and Budget Budget Category project Activities Schedule Budget Amount 2 1 A - General Admin. Replace all existing wooden signs with vinyl signs and install them. $ 885.97 $1,771.93 Labor Total - 6 - MINUTES ]PLANNING COMMISSION Port Angeles, Washington 98362 October 9, 2013 6:00 p.m. ROLL CALL Members Present: Thomas Davis, David Miller, Tim Boyle, Duane Morris, Scott Headrick, George Reimlinger Members Excused: Doc Reiss, Staff Present: Nathan West, Scott Johns, Ben Braudrick Public Present: McClellan Smith PLEDGE OF ALLEGIANCE Chair Boyle opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES No corrections to the minutes of the September 11, 2013, meeting were heard. The Commission approved the minutes on a 5 ---0 vote with Commissioner Hedrick abstaining. PUBLIC HEARINGS: No public Hearings were scheduled STAFF REPORTS Assistant Planner Braudrick presented five project summaries of applications for the Fagade and Signage Improvement Grant program. The discussion focused on changes that had been submitted to the City after initial application materials had been distributed to the Planning Commission members. Details of each project were discussed and considered. McClellan Smith, proponent for one of the projects being reviewed spoke to the commission regarding the need and extent of the work being proposed. Following discussion, the Planning; Commission voted to approve four of the five projects. The fifth project raised concerns for the commission and staff was asked to contact the applicant to discuss those concerns and to request that the applicant attend a future Planning Commission meeting to provide additional information regarding the project. COMMUNICATIONS FROM THE PUBLIC None Planning Commission Minutes Page 2 REPORTS OF COMMISSION MEMBERS Commissioner Morris expressed concern regarding the number and format of materials that staff had provided via electronic means preceding the meeting. Director West discussed the use of city e-mail accounts and stated that commissioners that have received city e-mail accounts would only receive city information at that city e-mail address. It was also determined that in the future, all attached materials sent to Planning Commission members would be in PDF format. ADJOURNMENT The meeting adjourned at 6;50 p.m. Scott K. Johns, Secretary Tim Boyle, Chair PREPARED BY: S.Johns i ORDINANCE NO. 3 410 AN ORDINANCE of the City of Port Angeles, Washington, amending Ordinance 3373 establishing the Facade and Signage Improvement Program, WHEREAS, the City Council adopted Ordinance 3373 on August 4, 2009 establishing the City's Facade and Signage Improvement Program ; and WHEREAS,the City Council finds it appropriate to amend Section 7 and Section 8 of Ordinance 3373. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section 1. Ordinance 3373 is amended as follows: A. Section 7 is amended to read as follows: Program Elements. The Program will provide a grant for funding of fagade improvements that will enhance the physical appearance, accessibility, and overall value of individual buildings as well as surrounding areas. Awards will be issued as grants for up to $10,000 or no more than 50%the total project cost(whichever is less)_and based on the frontage area of the biaiiding as fbilows: Frontage Size flinem ft-et) G.ant Amunt tt Less 25-56 UP to$7,566 50 or moi e Up to$10,006 The Program will also provide a grant for funding of sign improvements and replacement ® that enhances the physical appearance, accessibility, and overall value of individual buildings -i- as well as surrounding areas. Awards will be issued as grants for up to$1,000 or no more than 50%the total project cost(whichever is less). Improvements using these funds must be made pursuant to applicable building permit(s) and in accordance with the City of Port Angeles Comprehensive Plan and zoning requirements. B. Section 8 is amended to read as follows: Eligibility Criteria. Buildings mustbe located within the ef3f)or On an arteriai roadway and location deseribed iri Section 6. The project sh M-11 increase taxable vahte of building an successors,shall agree to maintain iniptovements for a minimuni of a 5 year . Buildings must be located within the CBD or on an arterial roadway. The owner, for himself and his successors,shall agree to maintain im rovements for a minimum of L5-year period. The proiect shall 1 increase_taxable value of building and shall be considered New Construction per RCW 36.21.080.or 2)is a protect on property that is not subject to property tax but that does increase the valuation of surrounding, property._ Section 2. Any Program award made at any time prior to the effective date of this ordinance is hereby confirmed and ratified if it is consistent with the criteria of the Program as amended by this ordinance. Section 3. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors,references,ordinance numbering,section/subsection numbers and any references thereto. Section 4-Severability. If any provisions of this ordinance or its applications to any person or circumstances is held to be invalid, the remainder of the ordinance or application of the provisions of the ordinance to other persons or circumstances is not affected. -2- Section 5-Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five days after its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21st day of September, 20 0. r DAN DI GUILIO,MAYOR ATTEST: APP VED AS TO FORM: ssa Hurd,City Clerk William E. Bioor, City Attorney PUBLISHED: September 26 , 2010 By Summary Q%EOAW ORDfNANCES&MSOLUTIONSSOFOINANCES.2010120-AmdFecade&Sinagelmprav,Program.091410."d -3-