HomeMy WebLinkAbout001149 Original Contract City of Port Angeles
Record#001149
GRANT PROGRAM AGREEMENT
BETWEEN
City of Port Angeles
and
Dakota Ventures, LL,C
d/b/a Kokopelli Grill
This Agreement is made between the City of Port Angeles (hereinafter referred to as the"City")
and Dakota Ventures, LLC d/b/a Kokopelli Grill (hereinafter collectively called the Grantee) for
the faqade 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 faqade 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 203 East Front Street, Port Angeles; Parcel Number
063001 Ot 5 0193; 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.
Z. 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.
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 fa Bade 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 fa(;ade improvement begins.
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 fagade 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. PA YMENT
Disbursement of funds shall be made only after the Project is complete and certified by City staff
to be in compliance with the approved desi&m. 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 S10,000.00,
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.
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5. GENERAL CONDITIONS
AGeneral Comoliance, 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 September 28, 2016
which is the effective date of this agreement.
C. I.ndeDendent 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.
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
ofpublic 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,
1. 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:
a 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,
- 3 -
o 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 MAnnertient Accountirtg_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_Kee pLin,& 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, ReDortin,. 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 tc> act
with respect to subsequent or similar breaches. The failure of tile 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.
-4 -
CITE'"OF POR"T ANGELES GRANTEE: Dakota Ventures, LL d/b/a
Krrkopelli Grill
Title: Title......
Date:-- .... ate......M. _.. X
Lb
Apprnv d as to form:
Williarn E. l-lour,City Attorney
Attachments: A -Project Overview
B -Scope of Work and.Budget
hcatirrn.
Grantee: Dakota Ventures, LLC d/b/a K.nkpelli Grill
Grant Now . 16-10
Section A: Brief Description
Remove and replace existing awning and paint the building exterior to snatch changes made to the
western unit.
Goals/Expected Results/Products:
u�lts/prnduets:
Budget The project will result in a new awning and repainted far ade.
Gaup�
21 AGeneral The project will result in: See attached Application
Admin.
ATTACHMENT B -SCOPE OFINORK AND BUDGET
Grantee: Dakota Ventures, LLQ" d/b/a Kokopelli Grill
Grant No. 16-1
Section C: Project Schedule and Budget
Budget Project Activities Project Applicant's City
Category Totals Contribution Contribution
21 AGeneral.Adrnin Materials
and
Labor $5,848DO S2,924M, $2,924.00
ORTNGEI LES
,
M "eA1l A a H N N G T 0 N, U. S. A
DEPARTMENT OF'COMMUNITY & ECONOMIC DEVELOPMENT
TO: Planning Commission.
FROM: Ben Braudrick, Assistant Planner
DATE:: September 14,2016
RE: Fagade and Signage Competitive Grant Application.
RECOMMENDATION:
The Planning Division recommends that the Planning Commission approve Fagade Grant
Application 16-10 in the amount as follows:
APPLICATION (wane) ADDRESS GRANF AM{DUNNT
...... __.._ ....� _ ........ - .. .. ..._. _. ... ..........
1.6-10 Kokopelli Grill (CBD) 203 East Front Street $2,954.00
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ANALYSIS
A Fagade Grant application was submitted to the City on August 24, 2016. The application was
reviewed by planning staff and found to meet the application criteria. The project is located in
the Central Business District(CBD)zone.
Staff's recommendation is based on the following evaluation criteria that are outlined in the grant
documents, including:
• Outside contribution over and above the required match
• Present condition of existing faade or sign
• Expected increase in assessed value of improvement
• Historical preservation
• Context in the neighborhood
• Ability to proceed with project
• Other project-specific relevant factors
The Facade Grant criteria provides for grants of up to $10,000 for a facade improvement.
ATTACHMENTS A. Staff Evaluations
B. PADA Letter
C. Application material
Facade Grant -Kokopelli Grill
September 14,2016
Page 2
A I TA(II;I-i M 11�111°1 N T A
STAFF EVALUATION
Applicant: 16-10 Kokopelli Grill
Location: 203 East Front Street(CBD zone)
Request: $2,954.00 to remove and replace the existing awning to match changes made for
the Coyote BBQ Pub and repaint the exterior details to match.
Evaluation, Aldergrove Construction has been involved in the redevelopment of the Johnson
and Bork building consistently over the last three years, Extensive remodels have been done to
both the interior and exterior,of the building to accommodate new restaurant and bar space for
Kokopelli Grill and the complete redevelopment of the western unit into a brand new Pub with
an outdoor eating area and replacement signage that better conforms to the goals and objectives
of this grant program.
Aldergrove is now proposing to replace the awning over the Kokopelli Grill entrance to,match
the color and type of the awning recently installed over the entrance to Coyote BBQ Pub, and
paint the architectural detailing to match. As stated in earlier faude grant applications for this
historic building, the prominence of the building, being the first visible structure in the
downtown area when traveling west, means this proposed renovation will provide a positive
initial impression of the Port Angeles downtown area.
The Port Angeles Downtown Association has reviewed the application and agrees,with staffthat
the proposed changes would unify the building and make for an improved first impression of the
downtown. The letter from the PADA is attached to this report as,"Attachment B".
Staff recommends the grant award amount of$2,954.00 toward the cost of facade
improvements that are estimated to be$5,848.00.
s �
n
LIS ASSOCIATION TTACi!WENT B
Ben Braudrick
l Assistant Planner City of Port Angelos �
1Community Development
lt � d ��. do1150 �,v
N
Port, n eles, WA 98362-0217
i
Ben,
The PADA Design Committee has reviewed the application for the proposed
feuds grant application for the Kokop lli Grill/Coyote Pub. It is our opinion that
the new proposed awning would unify the whole building n,g and make for an
improved first impression as visitors enter downtown,
l
Baying seen the improvements Michael and Candy have made on the inside to the
Ko opelli Grill and the ongoing work in the new Colyote Pub, we feel confident
that their good taste and qualitywork will be reflected equally on the outside.
1
The, Design Committee recommends in favor of the facade r not application.
biased on the detailed renderings and information provided and based on the prior
interior work that Inas recently been finish
Richard Stephens
bort Angeles Downtown Association
For Clue PADA Design Committee
i
P 0. Box U12
Port Angeles,WA 98362
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