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HomeMy WebLinkAbout000941 Original Contract City of Port Angeles Record # 000941 Contract 19941.15.001 CLALLAM COUNTY OPPORTUNITY FUND PROGRAM MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered by and between Clallam County, a political subdivision of the State of Washington (hereinafter"County"), and the City of Port Angeles, a municipal corporation (hereinafter"City").Together,the County and the City are referred to herein as the "Parties."The Parties have the lawful authority to execute this MOU pursuant to their corporate powers RCW 36.01.010 and RCW 35A.11.010. WHEREAS,the County administers the "Opportunity Fund Program" in accordance with RCW 82.14.370(3)and Chapter 5.40 of the Clallam County Code to finance public facilities/infrastructure that may promote economic development in the region; WHEREAS, the City has applied for grant funding through the "Opportunity Fund Program" in order to help finance the Waterfront Transportation Improvement Plan (Phase 2); WHEREAS,the County has carefully reviewed the City's grant application and the corresponding project; WHEREAS,the County believes the project is eligible to receive opportunity funds and that the moneys will be used to finance facilities/infrastructure that may promote economic development within the region; WHEREAS,the County has held public meetings/hearings and received extensive public comment regarding the City's application; and WHEREAS,the County has determined that the City is a worthy recipient of opportunity funds and the award is in the interest of the common good. NOW THEREFORE, in consideration of the mutual terms, provisions, and obligations contained herein, it is agreed by and between the County and the City as follows: 1. PURPOSE:The purpose of this MOU is to memorialize the award of grant moneys, drawn from the County's "Opportunity Fund Program," and to be awarded to the City's Waterfront Transportation Improvement Plan (Phase 2). In consideration of the award offered by the County, the City agrees to use the opportunity funds consistent with the attached grant application submitted to the County. Upon completion of the Waterfront Transportation Improvement Plan, the City will return to the County and give a presentation showing the progress/success of, or lessons learned from, the Waterfront Transportation Improvement Plan. 2. DURATION:This MOU does not have a defined term. Contract 19941.15.001 3. FINANCING:The County will issue a one-time warrant to the City in the amount of$285,952. 4. PROPERTY:Any property acquired through the award of the opportunity funds will belong to the City.The County does not acquire any interest in property, real or otherwise,that may be obtained with the grant award. 5. ORGANIZATION: By awarding opportunity funds, the County does not become a formal partner in the City's Waterfront Transportation Improvement Plan and does not share in the organizational burdens associated with the project. 6. LIABILITY: It is the intent of the parties that the County shall not be held liable for any injury/harm that may occur during, or result from, the Waterfront Transportation Improvement Plan.The City agrees to defend, indemnify and save harmless the County, its appointed and elected officers, agents and employees,from any and all liability, claims, actions, suits, losses, expenses, damages, and judgments of any nature whatsoever, including costs and attorney's fees in defense thereof, that may result from/through the Waterfront Transportation Improvement Project.This provision shall survive termination of this MOU. 7. RETURN OF FUNDS: If, for whatever reason, the City does not expend the entire grant award in connection with Phase 2 of its Waterfront Transportation Improvement Plan,then the City agrees to return the remaining funds to the County. 8. DISPUTES:The Parties agree to work together to resolve any disputes that may result in performance of this MOU. 9. MODIFICATION:This MOU may be modified by mutual consent of the parties provided that any modification is memorialized in writing and signed by the Parties. 10. TERMINATION:This MOU will terminate when the City uses the full amount of the award or returns any remaining balance to the County,whichever may come first. 11. GOVERNANCE:This MOU has been and shall be governed by the laws of the State of Washington, both as to its interpretation and performance.Any action at law, suit in equity, or judicial proceeding arising out of this MOU shall be instituted and maintained only in any courts of competent jurisdiction located in the State of Washington. 12. SEVERABILITY: If a court of competent jurisdiction finds any part,term or provision of this MOU to be illegal or invalid in whole or in part, such invalidity shall not affect the other provisions of this MOU which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this MOU, and to this end the provisions of this MOU are declared to be severable. Contract 19941.15.001 13. WAIVER:A failure by either party to exercise its rights under this MOU shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this MOU. 14. ENTIRE MOU:The parties agree that this MOU is the complete expression of its terms and conditions.Any oral or written representations or understandings not incorporated in this MOU are specifically excluded.This MOU is for the benefit of the parties, and no third party beneficiary relationship is intended. IN WITNESS WHEREOF,the parties have executed this MOU. CLALLAM COUNTY CITY OF PORT ANGELES BOARD OF COMMISSIONERS CITY COUNCIL Date: ZD15 Date: �� �1 �v) Jim McEntire, Chair Dan Di Guilin,layor y ATTEST: ATTEST: Trish Holden, CMC, Clerk of the Board r Jennifer Veneklasen, City erk Approved as to#uim by: Brian Wendt Deputy Prosecutiri9 Attomay Clallam County • • a. r A � a w t a"u' Waterfront Transportation Improvement Plan City of Port Angeles Opportunity Fund Grant Application Table of Contents Executive Summary i Application Applicant Details Application for Funding 1 Site/Project Information 1 Private Sector Commitment (Business 1) 3 Private Sector Commitment (Business 2) 4 Private Sector Commitment(Business 2) 5 Financial Information on Applicant 6 Declaration 7 Appendix A A-1 Site Map A-1 Construction Drawing/Details A-2 Color Rendition A-3 Supplemental Materials City of Port Angeles Comprehensive Annual Financial Report For the Year Ended December 31, 2013(Last Audited) -A vailable from Clallam County Economic Development Council or City of Port Angeles Upon Request. Waterfront Transportation Improvement Plan City of Port Angeles Opportunity Fund Grant Application Executive Summary The City has been constructing a multi-phased project that revitalizes the infrastructure in the Downtown Port Angeles Waterfront. Through the implementation of this project, the City has demonstrated the creation and retention of a significant number of Clallam County jobs. Our commitment to local professionals and contractors in this project will continue in the completion of Phase 2 and future phases. Numerous other State and Federal entities have found this project to be highly worthy of grant funds. Notably, the Washington State Community and Economic Revitalization Board which focuses on infrastructure and jobs granted the project $500,000. To date we have received over $1.7 Million in State and Federal grants for the project. We have taken this funding and utilized it to improve Port Angeles' future with a high quality infrastructure product that was designed and constructed through Clallam County Payrolls. We have received letters of support from a large number of entities representing the Clallam County Economic Development Council and broader community. Throughout the history of this project the City has prioritized participation of local professionals from contractors and engineers to artists and scuba divers. Time is of the essence on that application as we plan to begin construction in May of this year. We are respectfully requesting $285,952 in opportunity funds to leverage over $3.5M in funds already committed to the project. The contribution will enable critical access to the Port of Port Angeles Terminal 4 dock, create new r event space, and result in completion of a key portion of the Olympic Discovery E Trail. i Clallam County Department of Community Development 223 East Fourth Street, Suite 5 Port Angeles, WA 98362-0149 360.417.2323 OPPORTUNITY FUND Date: April 17, 2015 Project: Waterfront Transportation Improvement Project Applicant: City of Port Angeles Contact: Nathan West Address: P.O. Box 1150 City, State, Zip: Port Angeles, WA 98362 Phone Number: (360) 417-4751 Fax Number: (360) 417-4711 Email Address: nwest()cityofpa us Authorized Signer/Position: Nathan West Director Community & Economic Dev ii OPPORTUNITY FUND PROGRAM Application for Funding ATTACH COPY OF PROJECT PROPOSAL Amount of Loan Requested: $0 Amount of Grant Requested: $285,952 Local Match: $1,865,691 City of Port Angeles Other Funding Sources: $1,722,773 State & Federal Grants Total Project Cost: $34874,416 Amount Raised To-date: $3,588,464.17 Loan terms requested: Not Requesting a Loan Requested Rate of interest.* Total number of years for repayment: Deferral period (# of years): Type of payment schedule: Straight Line Amortization Decreasing Payments Increasing Payments Other (please specify) I. SITE/PROJECT INFORMATION: A) Include a site map of the area. Identify the location of the site, and public infrastructure (existing and/or proposed). Site details including: Site Map, Construction drawing detailing infrastructure, and color rendition are incorporated as Appendix A to this application. CLALLAM COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT OPPORTUNITY FUND FINAL APPLICATION FORM 1 B) Project cost breakdown: • Studies - reports $ • Preliminary Engineering Report $ • Design Engineering $744,905 • Land/Right-of-Way Acquisition $ • Fees $ • Inspection $ • Financing Costs $ • Contingency (5%) $62,199 • WA State Sales Tax (WSST) $ • Construction $2,711,072 • Labor $ • Materials $ • Other (Construction Management) _ $303,465 • Contracts (Archaeological Monitor/Permit) $28,876 • Other (Ads, signs, fence rental, etc)— $23,898 • TOTAL PROJECT COST $3,$74,416 C). Specifically, for what element(s) of the project are Opportunity Fund Program (OFP) dollars being requested? Infrastructure improvements including concrete trail, terminal 4 (Oak Street dock) turnaround, event plaza area, lighting, concrete seating area and landscaping. D) Estimated schedule for project completion: Estimated Completion Date • Preliminary Engineering Report: Complete • All permits obtained: Complete Design Engineering: Ongoinq(Phased Project_ Land/Right-of-Way Acquisition: N/A • Prepare Bid Documents: Phase 2 Complete _ • Award Construction Contract: April 21, 2015 • Begin Construction: Phase 2 May 2015 • Complete Construction: Phase 2 Summer 2015 • Project Operational: Phase 2 Summer 2015 • Other:—(Future Phases) December 2017 2 E) What other jurisdictions are involved in the planning, design, financing, construction, operation or use of this project? (cities, counties, state/federal agencies, tribes, etc.) Port of Port Angeles, Clallam County, Economic Development Council, Lower Elwha Klallam Tribe, Jamestown S'Klallam Tribe, Washington State Community and Economic Revitalization Board (CERB), Washinton State Department of Transportation, Washington State Recreation and Conservation Office, Federal Emergency Management Agency, and many others. F) Will the applicant maintain the project. If not, who will be responsible for its maintenance? Yes, The City of Port Angeles will maintain the project. II. PRIVATE SECTOR COMMITMENT/INVOLVEMENT (Business 1): A) Ifapp/icab/e, identify private sector firm(s) and contact person(s) involved in the project. • Firm: Primo Construction Inc. (Sequim, WA) • Contact: Jennifer Howell, Office Manager Telephone: 683-5447 • Will it relocate to the project site: X Y N (Office Trailer on- site and main office in Clallam County) B) Explain the private sectors involvement in the project. Why does the private sector require the proposed public infrastructure improvements? The private sector business is under contract with the City of Port Angeles to complete the work. Additionally, the infrastructure improvements directly facilitate vehicle/truck access to the Port of Port Angeles'Terminal 4 which is the dock utilized by local business High Tide Seafoods, and other natural resource related businesses. C) Type of jobs to be created/retained: Construction and Office Jobs 25 jobs will be created or retained. Apprentices will also be hired • Management/Admin 7.5 FTE 3 • Technical/Professional • Office Clerical • Sales • Skilled crafts 17.5 FTE • Other D) Projected annual gross payroll? 1-3Xears $110001000 3-5 years _0_ 5-10 Years 0_ II. PRIVATE SECTOR COMMITMENT/INVOLVEMENT (Business 2): E) Ifapp/icab/e, identify private sector firm(s) and contact person(s) involved in the project. • Firm: Zenovic and Associates Contact: Steve Zenovic • Telephone: 417-0501 • Will it relocate to the project site: _Y _X_N (Only 7 blocks away in Port Angeles) F) Explain the private sectors involvement in the project. Why does the private sector require the proposed public infrastructure improvements? Zenovic and Associates has been the lead engineering firm on designing these infrastructure improvements. Their design effort will provide space for local events that will directly benefit local hotels and the hospitality industry. The new access to Terminal 4 will improve accessibility to create new business opportunities on the East side of Terminal 4. Over 150 Downtown businesses will benefit directly from the new infrastructure. G) Type of jobs to be created/retained: Professional Engineers • Management/Admin • Technical/Professional 1.5 4 • Office Clerical • Sales • Skilled crafts • Other H) Projected annual gross payroll? 1-3 years $90,000 3-5 years _0_ 5-10 years 0_ II. PRIVATE SECTOR COMMITMENT/INVOLVEMENT (Business 3): I) IfaeP/icab/e, identify private sector firms) and contact person(s) involved in the project. • Firm: In addition to Primo Construction and Zenovic and associates the following additional Clallam County businesses have been contracted for the project: Bruch and Bruch Construction C&J Excavating All-form Welding Olympic Electric Angeles Concrete Amidst Vision Photography Shreffler Environmental Alisanne Design Westech, Inc. Unger Engineering Inc. NTI Engineering Wengler Surveying & Mapping SCUBA Supplies Co Others not yet subcontracted • Contact: Available for each business if necessary • Telephone: Available for each business if necessary • Will it relocate to the project site: _Y __N (All located in Clallam County) J) Explain the private sectors involvement in the project. Why does the private sector require the proposed public infrastructure improvements? 5 These local businesses have been responsible for design, permitting, environmental analysis, surveying, site work, art related infrastructure, photography, concrete work, and inspections. K) Type of jobs to be created/retained: Construction Trades and Professional: Artists, Engineers, Surveyors, Environmental Scientists, Scuba Divers, Metal Workers, etc • Management/Admin _1+_ Technical/Professional _1+_ • Office Clerical _1+ Sales • Skilled crafts _1+_ • Other _1+_ L) Projected annual gross payroll? 1-3 years Not Available 3-5 years _0_ 5-10 years 0_ III. FINANCIAL INFORMATION ON APPLICANT This section examines the general financial status of the applicant. A) Provide the most current annual financial report reviewed by the State Auditor. If the most current year is not representative of the past five years, please provide additional information or reports. The City of Port Angeles Comprehensive Annual Financial Report For the Year Ended December 31, 2013 has been provided to the Clallam County Economic Development Council, however, due to size was not incorporated with the main application documents. This is the most current report reviewed by the auditor. B) Identify funds (General Fund, Utility Fund, etc.) that will be eligible to repay an OFP loan. If any funds cannot be used to service OFP debt, please explain. If a particular fund or revenue source has been identified for repayment of the loan, please describe. Not Requesting Loan 6 IV. DECLARATION I HEREBY CERTIFY THAT THE INFORMATION GIVEN IN THIS APPLICATION TO THE OPPORTUNITY FUND BOARD IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Signature of responsible official: Print or Type Name and title: Nathan A. West Director Community and Economic Development 07 Appendix A .may l Is Iep r. Imam I-A R CL a T �c o`�.• is ANN 11A MEN OWN f g, f £ - z�!r�,� -.:'fig�,�w�ti -:2,•���" x��,:�f. �+���.rS.>t: y�;�'�z� '�' k y SS, 4 i 10: 'S, h a a 4 t x I% `L >1v`,�2'1,�r' Z. y dz- M ib f9. -9 n a VAT y Jlk I ' \ S•3 5.. s . A-1 A endix A L �•i x F I S f RM cz.y._.. F� b ,3 Y n1 z ' y 3 < 33 f+ Szz`F- i .4 v ,a A-2 s �w x>^ 7 Awn, 1 C IM x x `z Cox A ED 1 Ass saw p E Q 's q I` = Fr ({g haw ZUNI LAO" INV sag P � 9 tea= c 5 a K A' A-3 MEMORANDUM TRISH HOLDEN, CMC CLERK OF THE BOARD/PUBLIC RECORDS OFFICER 12 August 2015 TO: Dan McKeen, Port Angeles City Manager RE: Opportunity Fund Grant FILE: F32.17 Enclosed are two originals of a memorandum of understanding executed by the Chair of the Board of Commissioners on August 11 for a grant from the Opportunity Fund for the Waterfront Transportation Improvement Plan (Phase 2) project. Please return one to me for our records after execution by the Mayor. J:\public\Correspondence\from clerk of the board\2015\transmit OF grant mou.docx