HomeMy WebLinkAbout001193 Original Contract City of Port Angeles
Record # 001193
AGREEMENT
BETWEEN
City of Port Angeles and
Peninsula Area Public Access
This Agreement is made between the City of Port Angeles, a noncharter code city and
municipal corporation of the State of Washington (hereinafter referred to as the "City") and
Peninsula Area Public Access, a Washington nonprofit corporation (hereinafter collectively
called the Grantee) for a housing rehabilitation fund grant(herein called the Project).
For good and valuable consideration, the adequacy of which is hereby acknowledged, the
City and Grantee do mutually covenant,recite, and agree to the following terms and conditions:
1. RECITALS
A. This agreement is made under the authority granted by RCW 3521.278.
B. The Grantee is a public service organization providing training, education,and work
experience in the area of television production and public access television broadcasting.
C. The Grantee operates and provide services in Port Angeles and the surrounding area.
D. The Grantee proposes making improvements to a building located at 215 S, Lincoln, Port
Angeles owned by the City as a community project. Specifically grantee proposes making repairs
to the roof of the building. The Project will be a benefit to the community because the building is
the location where the grantee provides training, education,and work experience in television
production and public access television broadcasting to members of the community.
E. The Grantee is an organization that is open to all in the community who are interested in
television production and public access television broadcasting.
F. The Grantee will use community volunteers to perform, at least in part, the roof repairs.
G. The payments made by a through this agreement do not exceed the maximum amount
permitted by RCW 35.21 278.
H. The City allocated Community Development Block Grant(CDBG)program income to this
project, which is CDBG-eligible activity; and
1. The Grantee is a provides public access to public television for Port Angeles low and
moderate income population-,
2. SCOPE OF SERVICES
The Grantee will complete in a satisfactory and proper manner as determined by the City the
roof repair work described in Attachment A, incorporated herein by reference.
3. GRANTEE'S OBLIGATIONS
The Grantee warrants that they have written permission from the owner of the property to
perform the proposed roof repair described in Attachment A.
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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.
The Project 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 roof repair begins.
The Grantee shall be responsible for the construction and management of the entire project.
4. BUDGET
The City will reimburse to the Grantee up to $15,000 for incurred costs and expenses for the
Project.
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.
5. PA YMEN T
Disbursement of funds, shall be made only after the Project is complete. The work must also
adhere to any required inspections before funds are disbursed fbr 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$15,000-00.
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6. 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 Co-ntr.actor, 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.
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 is an authorized community group according to RCW
35.21.278. The City will provide the funds pursuant to RCW 35.21.278 and not require
prevailing wage or sealed bids. Grantee will contribute in-kind services equal to or greater than
$30,000.
Notwithstanding the previous paragraph, 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 ensure 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
limited to)the following:
9 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.
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7. ADMINISTRATIVE REQUIREMENTS
A. Financial Management Accountina 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
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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 lns uctrnAs, 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. ,
Egpprtiny. 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.
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. Ed TIRE
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: Peninsula Area Public
C-11 Access
Icy: -- )"= . ........ By- ...... ILI 1
........
Title: Title = .
6er
Date: a,' Date JA
Appro7ed as to form:
William E. Bloor, City Attomey
Attachments: A –Project Overview
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ATTACHMENT A
In kind contributions to PAPA by volunteers and board members.
According to our sign-in sheet, we have more than 1,500 hours of volunteer
labor invested in PAPA.
This includes computer and clerical type work in this service organization.
We calculate this time at $25 per hour for computer and clerical type work.
We have another 500 hours in maintenance, repair, painting, carpentry,
plumbing and so forth and calculate this at $50 per hour.
All totaled we have contributed more than $50,000 in "in kind" volunteer
service.
We have another $5,0,00 invested in materials such as paint, roofing
material, roofing cement pitch,re-build kits for commodes, light fixtures,
We have approximately $50,000 worth of computers, monitors, broadcast
equipment, cameras, microphones, lighting, and assorted equipment
required for the operation of a television station.
We have also kept the outside grounds around the building in good order
which is considerable since we have an undisciplined group of homeless
residents who all but live nearby and do not clean up after themselves,
We have never calculated.the hours spent in this part of the endeavor but it
is a daily chore.
ATTACHMENT A
Scope of work@ 215 S. Lincoln Street
1. Remove debris from atop the building,
2. Strip flashing from around all skylights.
3. Remove all caulking from pipes and vents.
4. Vacuum all loose granules from old roofing material.
5. Roll-out entire roof to press out "bubbles."
6. Remove all Cap Metal
7. Install slip-sheet underlayment (as needed.)
8. Install 60 mil EPDM (or equal) rubberized roofing material,
9. Epoxy in place. Heat-weld seams,
10. Extend roofing material to top of parapet, wall.
11. Re-install cap metal atop parapet wall over new materi ai.
12. Re-flash and caulk all vent pipes.
1,3. Re-flash and caulk al I skylights.
14. Re-flash and caulk all drain pipes.
15. Install sheet-metal panels as "anchors" around perimeter of parapet wall,
16. Install screws/ washers as needed in the field. Caulk same
17. Clean up jobsite and remove all debris and leftovers.
ATTACHMENT A
Form Wo" 9 Request for Taxpayer Give Form to the
. ember 2014� requester.Do not
jRev.Dec Identification Number and Certification
Depanm oj,rhe Treasury send to the IRS.
norrinai Revace Service
I Name as shown on your ouxone tax returni,Narne os required on this how, do not leave thts jine Wank,
Peninsula Area Public Access
cS
ie'V'w"ded entoty name,if dafereont ficin above
Peninsula Area Public Access
CL 3 Check appropriate box for federal tax classification:check only one at the following seven boxes: 4 Exemptions(codes apply only to
C Mun entities,not individuals,see
0 C]firdividuai Propretor of E] C Corporation []S,Corporation F'I Partnership, F1 Trustlestate ce
0 lrostructions on page 3):
ma CL a0 ,single-memberl-LC Exempt payee code(if any)
Urnited liability company,Enter the tax classification(C-C corporation,S=S corporation,P=partni 1�
0 Note.For a singie-member LLC that is disregarded,do not check LLC;check the appropriate box!in the line above for Exempt on from FATCA reporting
the tax ctassification of the songie-member owner. code(if any)
EV]Other ism insnucuons)0, NON-PROFIT CORPORATION A,,4, ............
sa
6 Address(number,street,and apt,or suite no.) RequestWs name and address(ciptiroi
P.O.BOX 825
TdIvstate,and ZIP code
PORT ANGELES, WA. 98362 CLALLAM COUNTY
LLst account numli here joptlonaQ___'__ ......
Taxpayer Identification Number(TIN)
Eater your in the appropriate box.The TIN provided must match the narne given on line I to avoid Soloal security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a _[D
77N on page 3. or
Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for
guidelines on whose number to enter.
� 4 7 1 M50 872 8 F6
Certification
.................
Under penalties of perjury,i certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2. 1 am not subject to backup withholding because.(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I aim subject to backup with 'ng as a result of a faillure to report al interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3. 1 am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions an page 3.
�W6 J Signature of
Here U,&person 11- Date w
Form 1098(home mortgage interest),10WE(student loan interest),ID98-T
General lns�auctions (tuition)
Section references are to the internal Revenue Code unless otherwise noted, -Form 1099-C(canceled debt)
Future developments.information about developments affecting Form W-9(such -Form 1099-A(acquisition or abandonment of secured property)
as 9egtslation enacted after we release it)is at wwwJrs_gov1o`w9. Use Form W-9 only if you are a U.S.person(including a resident Jan),to
Purpose of Form provide your correct 71N
An individual or entity(form VY-9 requester)who is required to five an information If you do not return Form W-9 to the requester with a 77N,you might be sub*t
return with the IRS must obtain your correct taxpayer ideronfication,number(TCN) to backup withholdong,See What is backup witorhoi on page 2.
which may be your social security number(SSNI,individual taxpayer identification By signing the filled-out form,you:
number(fTi adoption taxpayer identification number(ATIM,or employer 1.Cerlity that thenN you are giving is correct Qor you are waiting for a number
identification number(EINI,to report on an information return the amount pa)d to to be issued),
you,or other amount reportable on an information return.Examples at information
returns include,but we not limited to,the following: 2.Gerrity that you are not subject to backup wimhoiding,or
Form 1099-INT(interest earned or Paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.I
applicable,you are also certifying that as a U.S.person,your allocable share of
Form 1099-DtV dilvidends,including those from stocks or mutual funds) any partnership income from a U.S.trade or business is not subject to the
•Form 1099-11(various types of income.prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and
•Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Cartity that FATCA code(s)entered on this form of any)indicating that you are
brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?an
•Form 1099-9(proceeds from real estate transactions) page 2 for further hformation.
•Form 1099-K(merchant card and third party network transactional
Cat.No.10231X Form W-9(Rev.12-2014)