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HomeMy WebLinkAbout000690 Original Contract#000690 GRANT PROGRAM AGREEMENT BETWEEN WA -1 City of Port Angeles and Vivian Abater- d/b/a Colonel Hudson's Famous Kitchen UJ J This agreement is made between the City of Port Angeles (hereinafter referred to as the "City") and Vivian Atwater d/b/a Colonel Hudson's Famous Kitchen (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 facade improvements for the property located at 536 Marine Drive, Port Angeles; Parcel Number 063000004930;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 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 facade improvement begins. - 1 - The Grantee shall be responsible for the construction and management of the entire project. If the fae.ade 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 facade 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 fagade improvements were maintained. 3. BUDGET The City will reimburse to the Grantee the amount of 50% or $10,000.00, 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 fiends 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 weeps 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. 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. 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 fiends. 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 hinted 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 REQ UIREMENTS 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 L -11A Tit] Dai GRANTEE: Vivian AA -t gfe d/b/a Colonel Hudson's Famous Kitchen Title: Date: B 1 d -4- Approved as to form: William E. Bloor, City Attorney Attaclunents: A —Project Overview B — Scope of Work and Budget -5- ATTACHMENTA - PROJECT OVERVIEW Grantee. Colonel Hudson's Famous Kitchen Grant No. 13-08 Section A: .Brief Description This project will enable upgrades to the building located at 536 Marine Drive in the City's Industrial Light (IL) zone. Section B: Goals/Expected Results/Products Budget Category Goals/Expected Results/Products 2 1 A General Admin. Update existing windows. Fix awnings over selected windows. Addition of outside lighting. Placement of sign bases and replacement of door. ATTACHMENT B -SCOPE OF WORKAND BUDGET Grantee: Vivian Atwater d/b/a Colonel Hudson's Famous Kitchen Grant No. 13-08 Section C: Project Schedule and Budget Budget Category Project Activities Schedule Budget Amount 21A -General Admin. Update existing windows. Fix awnings over selected windows. Addition of outside lighting. $20,600 $10,000.00 Placement of sign bases and replacement of door. Labor $ 6,900 $ 0 Total $27,500 $10,000 -6- MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 January 9, 2013 6:00 p.m. ROLL CALL Members Present: Doc Reiss, David Miller, Duane Morris, Scott Headrick, John Matthews, Thom Davis Members Excused: Tim Boyle Staff Present: Sue Roberds, Scott Johns, Heidi Greenwood Public Present: Donald Hutt PLEDGE OF ALLEGIANCE Chair Miller opened the regular meeting at 6:00 p.m, and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Reiss moved to approve the regular meeting minutes as presented. The motion was seconded by Commissioner Matthews and Headrick abstaining due to absence for action items at that meeting. The motion passed 4-0. PUBLIC HEARINGS: STREET VACATION PETITION — STV 12-03 — ALLEN, Request to vacate a portion of tumamed right -of way along the extreme west boundary of the Alderwood Acre Tracts (immediately north of Parte at Cherry Streets This item has been withdrawn. CONDITIONAL USE PERMIT — CUP 12-08 PROPANE NORTHWEST, 2358 Highway 101 West: Proposal to establish a propane tank distribution service in the Industrial Heavy zone. Chair Miller reviewed meeting procedures and qualified Conunission members regarding Appearance of Fairness issues for quasi-judicial hearings. No concerns were noted. Associate Planner Scott Johns reviewed the Department's staff report recommending approval of the conditional use permit with conditions. Planner Joims responded to brief questions regarding process information contained in the application relative to lot size. It was noted that the lot size is not relative to the requested action, but staff will check and correct if the materials indicate an error. Commissioner Morris asked for brief elaboration of past use of the site by the applicant. Chair Miller opened the public hearing. Donald Hatt, P.O. Box 1162, Canby, Oregon represented the application on behalf of Propane Northwest and was in agreement with the analysis and recommendation of City staff. Planning Commission Minutes January 9, 2013 Page 2 The reason for permanently locating in the area is to economize on trips to and from the home base of Kingston to better serve the many local customers that Propane Northwest has in this area. Mr. Hutt responded to brief questions from Commissioners regarding normal business activities including frequency of filling the main storage tank. There being no further testimony, Chair Miller closed the public hearing. Following brief discussion, Commissioner Reiss moved to approve the conditional use permit citing the following conditions, findings, and conclusions: Conditions: 1. The site shall be inspected and shall meet all Fire Department standards and development requirements prior to commencement of the activity. 2. The installation of additional propane tanks will require an amendment to the conditional use permit. Findings: Based on the information provided in the Community and Economic Development Staff Report for CUP 12-08 dated January 9, 2013, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. Propane Northwest submitted Conditional Use Permit application CUP 12-08 to permanently locate a 12,000 gallon propane storage tank at 2358 Highway 101 West, Clallam County Parcel Number 063007340225, on December 13, 2012, 2. The site is zoned Industrial Heavy. Surrounding zoning is primarily Industrial Heavy. Some light agriculture and residential uses exist in the area. 3. Proposed site development includes installation of a 12,000 gallon propane tank with parking for a smaller two axle delivery vehicle and a 32,000 lb. gross vehicle weight two axle delivery truck. The location proposed for the tank is approximately 450' south of the Highway. The industrial site contains other uses that include Harbinger Winery, Adventures Through Kayaking, and B & D 'industries. The site contains a large frontage ingress/egress point to Highway 101 West. There is no other access to the site. 4. The site is located in the City's Southwest Planning Area. The Comprehensive Plan Land Use Map designates the site as Industrial. Adjacent sites are also designated Industrial. Development in the neighborhood includes agricultural use, single family residences, and a variety of industrial uses. 5. "Gas (illuminating and heating) manufacture or storage" is listed as a conditional use in the IH zone per PAMC 17.34.040(D). 6. Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional use permits as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered Planning Commission Minutes January 9, 2413 Page 3 essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. 7. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Goal A, Policy A.2, Goal D, Policy D.1, Goal H, Policy H.4, and Policy H.5 and Transportation Element Policy B.14 & B.16, were found to be most relevant to the proposal. 8. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 9. Reviewing City Department comments were considered in review of this application. No concerns were noted. Site development will be approved by the Fire Department, 10. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on December 19, 2012, posted on the site on December 19, 2012, and mailed to property owners within 300 feet of the subject property on December 18, 2012. No written comments were received during the public comment period that ended on January 2, 2013. 11. A Determination of Non -Significance was issued for this proposed action on January 3 2013. 12. The Planning Commission conducted a public hearing on the proposal at the January 9, 2013 regular meeting. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 12-08 January 9, 2013, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: The conditional use permit was processed consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050, 2. The proposal is consistent with PAMC Chapter 17.34.040(D) (Zoning). 3. As conditioned the proposal will not be detrimental to the public interest and will provide a needed service to the public. 4. The use is consistent with surrounding industrial uses and is situated in a manner that does not pose a visual impact the neighboring uses or cause a parking concern. Commissioner Matthews seconded the motion, that passed 6 -- 0. COMMUNICATIONS FROM THE PUBLIC None Planning Commission Minutes January 9, 2013 Page 4 STAFF REPORTS Planner Johns noted that staff had once again met with Department of Ecology representatives to review the draft revised Shoreline Master Program, It is expected that additional revisions will be made per DOE directives with the document expected to be resubmitted within two weeps. None of the changes requested by DOE will change the intent or directives of the Program from what the Planning Commission and City Council preliminarily approved in May, 2012. The changes are more format and reference materials. Planner Roberds said that Commissioner Matthews' term of appointment is due to expire on February 28, 2013, and hoped that Commissioners could pass the word around such that interested individuals are available to apply for that soon to be open position. None ADJOURNMENT The meeting adjourned at 6:30 p.m. Sue Roberds, Secretary David Miller, Chair PREPARED BY: sroberds