HomeMy WebLinkAbout000898 Original Contract 0 City of Port Angeles
Record #000898
GRANT PROGRAM AGREEMENT
BETWEEN
City of Port Angeles and
Imagine It Framed, LLC
This Agreement is made between the City of Port Angeles (hereinafter referred to as, the
"City") and Imagine It Framed, LLC (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 faqade
improvements for the property located at 625 East Front Street, Port Angeles,; Parcel Number
0631100514075; 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 deten-nined by the City the
work described in the Project Overview incorporated herein by reference. A listing of detailed
project tasks is marked as the Scope of Work and Budget, 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 perforrn the proposed improvements described in the Project
Overview and Scope of Work and Budget.
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 faqade improvements shall be consistent with sign zoning and building codes currently in
effect for the City. The Grantee shall assure that any pen-nit or review necessary under City
Ordinance shall be approved before the work on the facade improvement begins.
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The Grantee shall be responsible for the construction and management of the entire project.
If the fagade 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 faqade 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 Scope
of Work and Budget. Only the work that is outlined in the Project Overview 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 ftmds 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 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 outlined in the Scope of Work and Budget. 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.
B. Effective Date. Grant was approved by the Planning Commission on September 28, 2016
which is the effective date of this agreement.
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C. 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.
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 ser-vices 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 "Nage. 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 deBend, 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.,,.Redo gnition. The Grantee will insure recognition of the roles of the City in
providing services through this agreement.
I. 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;
9 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.
_ 3 _
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 Kee in 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. Reportin The Grantee, at such times and in such farms 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.
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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: Imagine It Framed,LLC
By: By:
Title: &A-I'v—cy tl-tr"nek Title:
Date: Date:
Appr ed as to fon-n:
William E. Floor, City Attorney
..........
PROJECT OVERVIEW
Grantee: Imaging It Framed
Grant No. 16-12
Section A: Brief Description
Funds will be used to replace a sign and awnings.
�E
Goals/Expected Results/Products:
Budget The project will result in a comprehensively updated sign and awnings.
Cateorr
................
21 AGeneral The project will result in: See attached Application
Admin.
. ........... .................... ...............................
_ 5 _
SCOPE OF WORK AND BUDGET
F
Grantee: Imaging,It Framed
4
Grant No. 16-12
Section C: Project Schedule and Budget
�I
........... w_�_ �� , Project �Applicant's_. .} ___._..._.._ .._._..
Budget } Project Activities j j City
Totals
Category I' Contribution Contribution
_..._.._. :.m....._..
21AGeneralAdmin Materials
and
Labor $5,699.67 $2,849,83 $2,849.83
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ORTNuUES
rr „
WASH I N G T N, U. S. A.
MOM DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT
TO° Planning Commission
F'ROPM: Ben Braudrick, Assistant Planner
DATE: October 12, 2016
RE: Fagade and Signage Competitive Grant Application
RECOMMENDATION:
The Planning Division recommends that the Planning Commission approve Faa ade Grant
Application 16-12 in the amount as follows:
_... . . .....__..m..._............
.._...........
APPLICATION (zonae) ADDRESS GRANT AMOUNT
—._.___.__..._.._ ..... .. ......
Sin S 952.83
16-1.2 imagine It Framed(CA) 62.5 East Front Street Fagade
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPME 'T ANALYSIS
A Facade and Signage Grant application was submitted to the City on September 29, 2016. The
application was reviewed by Planning Division staff and found to meet the application criteria.
The project is located in the Commercial Arterial(CA) zone.
Staff's recommendation is leased on the following evaluation criteria that are outlined in the grant
documents, including:
• Present condition of existing faagade or sign
• Expected increase in assessed value of improvement
• Ability to proceed with project
• Other project-specifte relevant factors
"rhe Facade and Signage Grant criteria provides for grants of up to 111,000 for a facade
improvement.
AT"F°ACHME TS A. Staff Evaluations
B. Application material
Facade Grant—Imagine It Framed
October 12, 2016
Page 2
ATTACHMENT A
STAFF EVALUATION
Applicant: 16-12 Imagine It Framed
Location: 625 East Front Street, Lot 16 Block 40, Norman R. Smith Subdivision
Zoning: Commercial Arterial (CA)
Request: S952.83 to replace a sign and$1897.00 to replace awnings
Evaluation: Imagine It Framed has been owned and managed by its current tenants, Larry and
Rene Bauer, for the last six years since the original owner Karon Nichols retired in 2010, Larry
and Rene Bauer have been running the DBA business,as baron's Frame Center during that time.
Karon"s Frame Center completed a Certificate of Occupancy in 2002, In 2004, new awnings
were installed on the front of the business and in 2007 a building permit for new siding and a
reroof was pulled. The siding permit expired, but the reroof was finalized. As mentioned above,
Larry and Rene Bauer took over the business after Karon's retirement in 20110.No pen-nitted
exterior improvements have occurred to the building since 2007.Improvements available for
funding through the faqade and sign grant program haven't been completed in 12 years.
The proposal for new awnings and a new sign for the business that is rebranding is one that is
valued by staff, and fits,many of the selection criteria for the Grant Program including the
following:
• very high profile along the Front Street corridor.
update iscomprehensive--withnew signage, paint, and awnings
supporting a new business
• ability to proceed will project
Staff recommends the grant award amount of$2,849.83 toward the cost of sign and facade
improvements that are estimated to be $5,699.67.
ATTACHMENT B
City of Porl Angeies
Fapde and Signage Improvement Grant Program
714iw
APPLICATION FORM
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the own(i�"s ot rhe above propervi is?uHy aware a nd agfee tap add Proposed irnTllro rm?
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Departn�ent of Cornmunity,,md E :oncmicl Devebprrent
321E 5; Street, Plil Bcvx 1150
Port Angeles,Economic Development Project Link:
hittp.Lwa,:.00rtaneetes.civ!cDlus.com/48'7/Facade-and,-Sivni-Gira.nlD p
p artunitkas
Facade and Signage Improvement Grant Program
it is has been six years since Kairon Nichols retired ard Larry&Rene'Bauer purchased Karor s I 'AlAl"
CENTER,We have,ran the business as,,Imagirie it Framed DBA Karon's FRAME CENTH, Wa ha, ,,u
always maintained at our core the quality,skill,community support,& love Karon Nichols brought to
this busNness over 16 years ago. We have however, had no updating of the facade and siignage f,or this
ven/visible business on a major artery into Port Angeles, The store front looks s,,-3d, outdated, yrr-1 tiw .
That is not the image that will continue to drive this business forward, New craint, new aw,Aflg , uw orf
consulting with a designer wail go a long way in irnprcrvwng the visibility and viability of this bL i!d Ili anc.
business.Being part of a nationwide industry that is all about design it is of the wmast nece,,,.s� v
project an image that is professional,creative,sophisticated®forward thunkkig, ifltrigUiTlg,and y2t st H
have an approachable community feel.
We need better signage expressing what we do.Though we do our ahare of local advei-Csing 01s
building is our best asset in terms of telling people:who we are, and what wi?do, Hine th-nes o,, t ot-,n
when we ask people how they found out about us they respond Mth "I drive by here every dai,' ()U,
landlord has already invested in the fae ade by painting the building which chent3 have noticedsi,I l
,admired.Our neighbors,State Farm Insurance,have improved their presence tremendously with �hid.
updating they have done including new paint. People do notice,and it motivates olthers,to d,)the sarn!",
This building has good bones. It has a Not going for it in terms of location and%JsuaV aopeal if it dew;s ri(I
get some much,needed care though it will continue to look sadder arid sadder and more like ar
abandoned business than the prosperous business it is, and continues to be
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Client .- Imagine it Framed
Address - 625 E. Front St. Port WA
Phone . 565-0308
Rrc�ject descriptdon, Datt,-., 8-24-2016
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