HomeMy WebLinkAbout001274 Original Contract City of Port Angeles
Record #001274
GRANT PROGRAM AGREEMENT
BETWEEN
City of Port Angeles and
The Answer For Youth
This Aurcement is made between the City of Port Angeles, a non-charter code city and
municipal corporation of the State of Washington (hereinafter referred to as the"City")and The
Answer For Youth, a non-profit corporation (hereinafter called the Grantee) for the fagade
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 fagade 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 826 East First Street, Port Angeles; Parcel Number
063000512410; 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 «ill complete in a and proper manner as determined by the City the
work described in the Project O%cr% ie%� incoil,orated herein by reference. A listing of detailed
project tasks is marked as the Scol,c of'\\,irk ani Budget. and incorporated herein by reference.
2. GRANTEE'S OBLIGATIONS
The Grantee warrants that they are the o�%ner of the above property or have written permission
from the Owner of the property to perform the proposed improvements described in the Project
Overview and Scope of Work and Budget.
Grantee agrees to complete cork described in the attached Plans and Specifications �Nithin ONE
HUNDRED EIGHTY � I�o) Li%s after the effective date. In the event the Director of
Community and Economic Dev cloyment finds that the Grantee has prosecuted the work with
reasonable diligence but, due to Ia,tors hc�,ond its reasonable control, the Grantee is unable to
complete the work within 18(i (Livs, the City Manager is authorized to extend the time to
complete the work.
- 1 -
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 fhFade improvement begins.
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 f i�ade improvements are not maintained for at
least five years, the Grantee shall immediately repa} to the CITY the amount of the grant, less
20%of the amount for each year the fagade improv ements 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 �\ork that is outlined in the Project Oyeryie�.y will be eligible for
reimbursement.
It is understood that this agreement is funded with CDBG program income funds. The Grantee
ackno\t ledues 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 tier 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 part} shall have any claim or right of action hereunder for any cause whatsoever.
Unless otherwise agreed to in writing by both parties. the Grantees total reimbursement under
this a«reement. including labor and materials, shall not exceed the maximum sum of$10,000.00.
The bud`,et fir labor and materials is outlined in the Scope of Work and Budget. Budgets for
each line item may be modified upon mutual a`areement between the two parties, but in any
eN ent. the total payment to Grantee shall not exceed 510.000.00.
- 2 -
5. GENERAL CONDITIONS
A. General Comance. The Grantee agrees to comply with all applicable Federal, state and
local lati s, re`sulations. and policies, governing the funds provided under this agreement.
B. Effective Date. Grant was approved by the Planning Commission on May 24, 2017 which is
the effective date of this agreement.
C In icpndcnt Contractor. Nothing contained in this agreement is intended to, or will be
cn>uued in ani manner, as creating or establishing the relationship of employer/employee
hct,,\cen the parties. The Grantee will at all times remain an "independent contractor' with
rc,hcct to the ser%ices to be performed under this agreement. The City will be exempt from
hu%rncnt ,,i 'ill (-'nemployment Compensation, FICA, retirement, life and/or medical insurance
and \\ 01-kcr," 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 .\ith Contractor. Each contractor who is performing the work approved for this
Project shall have a valid State of Washington Contractor's License.
G. L<ih,,r Code Pre%ailing Wage. Grantee acknowledges and agrees that the Grantee's
impr,,%cnlents 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 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
providim; services through this agreement.
I. Suspension or Termination. The City may suspend or terminate this agreement if the
Grantee materially tails to comply with any terms of this agreement, which include (but are not
limited to) the follow HIO:
-3 -
• 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;
• 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 %Iana_,ement 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 act]\ities to he funded under this agreement, including records adequate to document that
the funds were expended on CDBG-eli,_,ible actiti-ities.
C. Access to Records and Retention. All such records and all other records pertinent to the
«ork undertaken under this agreement kill he retained by the Grantee for a period of six years
atter the City's final audit of Project. unless a longer period is required to resolve audit findings
or litigation. In such cases, the Cin. �;ill request a longer period of record retention.
D. Audits and Inspections. All Grantee records with respect to any matters covered by this
:\,reement will be made a�ailable to the City and duly authorized officials of the state and
federal goy ernment, 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.
F. Reporting: The Grantee, at such times and in such forms as the City may require, will
furnish the City such periodic reports as it ma, 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 co-cred 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 Cite to exercise or enforce any
right or provision will not constitute a ��air er of such right or provision.
8. ENTIRE AGREEME.VT
This document states the entire agreement bets,cen the City and the Grantee for the use of funds
recei�ed 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.
-4 -
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 GR.-ktiTEE: The:answer for Youth
By:
Dan McKeen,City Manager
Date: v // 7 Title: / 2 c42 'AG-
Date: 1�7(/i jf - Z o/T
A ved as to form:
William E. Bloor,City Attorney
PROJECT OVERVIEW
Grantee: The Ans�Ner for Youth (TA FY)
Grant No. 17 -04
Section a: Brief Description
i
Installation of 21 new windows
Exterior preparation includes pressure wash, scraping,sanding,and replacing boards
Prime and paint all exterior walls except for original brick on front of building.
- 5 -
---- - - - -
Goals.Expected Results Products:
Budget The project will result in installation of 21 new windows and preparing and
Category painting the exterior walls.
21AGeneral The project v,ill result in: See attached Application
Admin.
SCOPE OF WORK AND BUDGET
Grantee: The Answer for Youth
Grant No. 17-04
Section C: Project Schedule and Budget
Budget Project Activities Project Applicant's City
Category Totals Contribution Contribution
21 AGeneralAdmin Materials
and
Labor $18,998.72 $9,499.36 $9,499.36
-6 -
HE NSWER OR YOUTH
PO BOR 633,Port Angeles,WA 98362
IT r
theanswer4youth.org
360-670-4363..........................................360-452-4331
The Answer For Youth Facade information
The Answer For Youth (TAFY) purchased Gross's Nursery in November 2016. The building has a long
history, dating back to the 1950's, when it was a Feed and Seed Store. I, in fact, bought my first pet turtle
[here in 1960. The store was an important and vital part of the growth and beautification of Clallam County.
Adding plants and flowers just enhanced the towns charm and benefited the whole local economy. The
greenhouse was a lasting addition that improved, and secured Gross's Nursery's place in local history.
Everyone that lives in Clallam County has been touched in some way by the beautiful flowers that were grown,
arranged, and delivered too many happy and broken hearts.
The property is unique in that it can be seen from two of the main streets from all directions. Whether
you are going east or west, north or south, when you are at the intersection of Race and First the building
stands proud and tall. Anyone coming from Canada or going to Hurricane Ridge has to pass by this old and
unhappy looking place. The building has not been maintained for many years. The decay and rot has been
noted by many pedestrians, as the walk on the street that is parallel to us. Every window in the building is an
original and needs to be replaced to be safe and energy efficient. In fact, the high winds blew an upstairs
window out just today. The building has not been painted and is in dire need of a total makeover.
The property value has increased just having us present and breathing new life into an old and dying
piece of history. Flowers again bloom and the vegetable garden is producing radishes and lettuce as I write.
Making this property a place the people of Port Angeles can be proud of, is the goal of TAFY and all the
volunteers. We have put in thousands of unpaid hours to make this place safe, secure, solid, and a blessing for
our clients, and the customers that now have an opportunity to purchase beautiful flower baskets made by
Wayne Roedell. All the profits from this are going back to help sustain the mission of helping the homeless and
at risk that live here in Port Angeles. Every person that lives in Port Angeles will reap the benefit of our mission
and we hope you can see how important this grant is to us.
Improvements being made to 826 East First Street are to include the following:
Phase 1: Demolition of old greenhouse
Phase 2: Addition of new greenhouse
Phase 3: Addition of 2 new ADA bathrooms
Phase 4: Completion of insulation and installation of washer and dryer and south storage room.
Phase 5: Demolition of canned street sign reading Gross's Nursery. The sign had been attached to free a
standing wall. It was installed in the 60's.
Phase 6: Demolition and removal of second story balcony facing First Street.
Phase 7: Installation of 21 new windows.
Phase 8: Preparation for paint, will include pressure wash, scraping, sanding, and replacing boards,
Phase 9: Prime and paint all exterior walls except for the original brick on front of building.
Phase 10 : Construct second greenhouse
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PROPOSAL
P.O. Box 2559 Requested by Date Proposal #
Port Angeles, WA 98362 05/08/2017 1705_06
Customer E-mail
To: Job Name/Location
TAFY 826 East 1st Street
Susan Hillgren Port Angeles, WA
Contact Number
Alt. Contact Susan Hillgre
Alt. Phone 360-670-4363
oty Location Size Description Each Total
Labor and installation materials to install 21 New 2,926.80 2,926.80T
Vinyl Windows, as quoted separately.
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Interior finish if necessary by others.
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Terms a 50% down payment Subtotal
$2,926.80
AN maWW is guaranteed to be as specified. AN work to be completed in a professional manner accorov to standard
practices. Any alteration or deviation from above speckations im4ft extra cost wdl be executed ordy upon writlen orders
and wig become an extra charge over and above the estimate. Al ageements contigent upon strikes,accidents or delays SaMe Tax(&4%) $245.85
beyond our control. Our workers are fufiy covered by Worker's Compensation ktsurance.
ACCEPTANCE OF PROPOSAL-The above prices,speck 2tions and conditions are safisfacbry and are hereby accepted. Tota
You are authorized to do the work as specified. Payment YA be made as outlined above. $3,172.65
tho
Date of Acceptance Authorized Signature ` 14fd g, D*pW0A ,Q
Ward S. Dunscomb
Signature
NOTE:This proposal may be withdrawn by us if
Signature not accepted within 30 days.
Phone # 360-452-1155 Fax# 360-452-9637 E-mail glassbooks@olypen.com
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