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HomeMy WebLinkAbout001093 Original Contract City of Port Angeles Record # 001093 GRANT PROGRAM AGREEMENT BETWEEN City of Port Angeles and The Metta Room, LLC This Agreement is made between the City of Port Angeles (hereinafter referred to as the "City") and The Metta Room, LLC (hereinafter collectively 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 part of the costs of fagade improvements for the property located at 132 East Front Street, Port Angeles; Parcel Number 063000511605; 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 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 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 Community and Economic Development 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 sign 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 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 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 B. Only the work that is outlined in Attachments A & 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. 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$10,000.00. The budget for labor and materials is found in Attachment B. 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 $10,000.00. 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. - 2 - 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. 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. 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: The Metta Room, LLC By: By: I �J Title:- t Title: Dom( Date: `7) 26 a Date:—Zi - 4 - Approve as to form: William E. Bloor, City Attorney Attachments: A—Project Overview B —Scope of Work and Budget Application ATTACHMENT A - PROJECT OVERVIEW Grantee: The Metta Room, LLC Grant No. 16-08 Section A: Brief Description Funds will enable upgrade and development of decks in the rear of the building, fencing, planters and plant material, repainting of the rear fagade and shade awning. Goals/Expected Results/Products: Repair, development and maintenance of Budget building, installation of planters, and shade awning. Category 21AGeneral The project will result in: See attached Application Admin. ATTACHMENT B - SCOPE OF WORK AND BUDGET Grantees: The Metta Room, LLC Section C: Project Schedule and Budget: See attached Application Budget Project Activities Project Applicant's City Category Totals Contribution Contribution Budget Project Activities Project Applicant's City Category Totals Contribution Contribution 21 AGeneralAdmin Materials and Labor $13,988 $6,994 $6,994 - 5 - ov entCky Of Part Aretim F a impG !0iAPkliUilM Y i M €rracat To agaQ hr.tse AW,cis :K1 . r An.6est tic 44 Vie` C Est , Tord Pmi=C,7F* r r ay f an q t(VAar,t s}.5 2,1_0 0-t— thl j of twabove prop"is,NOl imare antt as di 6# Uwcveo is iia t to AWk,2 aS trust ghs to crn arm irirr Pff ty r(s) s s cseatas�s�nrrat�s�Canlrrecrnsty a t;€�norvrir:firr¢rr�rre $22`c.5'a Street,PO OW 1150 Port Angtk&WA W62 f a=. n J t „ a k ,�^•t wx'44 iN u �a � ' ➢ `has `x`,', � `� ,�` S y e � u 6 tow r' 4� {j} Y� i; a - yx ox� PW �rt 4 a- lWA IS x b �Y ti , 4 LAWITA k 1 F I f 1 q �N d.J C� I � 5 � x� n w q x 4 t 7 p t Y•'c xzu. 3 v F�bn. `,L X 110 I ry �n � ` 4 z :. R tai 7 �f�F ii �p r The Metta Room Fagode Improvement Budget : 132 E front Street Paint/Prep/Fence Building 2,288+ tax Food Trailer 3,620+tax Electrical 1954.09 Plumbing 1850.00+tax Decking Materials 5,800+ tax Labor 5,200+tax Awning 700.00 Total Materials Cost 21,412.09 Before tax