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HomeMy WebLinkAbout001506 Original ContractCity of Port Angeles Record #001506 GRANT PROGRAM AGREEMENT BETWEEN City of Port Angeles and Lincoln Park BMX Association This Agreement 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 Lincoln Park BMX association, a nonprofit corporation of the State of Washington (hereinafter collectively called the Grantee) for the project described in this document and its attachments (herein called the Project). WHEREAS, pursuant to RCW 67.28.1815, the City of Port Angeles is authorized to expend special excise tax funds for "paying all or any part of the cost of tourism promotion, acquisition of tourism -related facilities, or operation of tourism -related facilities, and WHEREAS "Tourism -related facility" means real or tangible personal property with a usable life of three or more years, or constructed with volunteer labor that is: (a)(i) Owned by a public entity; (ii) owned by a nonprofit organization described under section 501(c)(3) of the federal internal revenue code of 1986, as amended; or (iii) owned by a nonprofit organization described under section 501(c)(6) of the federal internal revenue code of 1986, as amended, a business organization, destination marketing organization, main street organization, lodging association, or chamber of commerce and (b) used to support tourism, performing arts, or to accommodate tourist activities; and WHEREAS, the City of Port Angeles has enacted a Lodging Tax, pursuant to Chapter 3.48 of the Port Angeles Municipal Code; and WHEREAS, it is in the public interest that Port Angeles lodging tax funds be expended for tourist promotion services within the City of Port Angeles; and WHEREAS, the Grantee has agreed to perform the work and improvements described in the attached application; and 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 Lodging Tax 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 to perform the proposed improvements described in Attachment B — the 2019 Port Angeles Lodging Tax Fund Application attached and incorporated by this reference. Grantee agrees to complete work described in the attached Plans and Specifications by December 31, 2019. 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, -1- the Grantee is unable to complete the work by December 31, 2019, the City Manager is authorized to extend the time to complete the work. All 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 begins. The Grantee shall be responsible for the construction and management of the entire project. 3. BUDGET The City will reimburse to the Grantee the amount of $55,475.00, 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 Lodging Tax program income funds. The Grantee acknowledges and agrees that the funds must be used only for Lodging Tax eligible expenditures. 4. PAYMENT Grantee shall submit invoices to the City for payment for work performed not more than one time per calendar month. Invoice shall include copies of receipts for eligible items. Invoices shall be in a format acceptable to the City. Grantee will provide the City with a completed W-9. The City shall pay all invoices from Grantee within 30 days of receipt of a properly completed invoice. 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 $55,475.00. 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 $55,475.00. 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. 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. 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. -2- F. Public Work/ Prevailing Wage. To the extent that any work performed by the Grantee is considered a Public Work as defined by RCW 39.04.101, the Grantee shall be in compliance with the applicable prevailing wage requirements of RW 39.12 G. Funding Source Recognition. tion. The Grantee will insure 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: • 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 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 lodging tax 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. -3- 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: By:—�✓ , City Manager Date: 2 A,$p ' ved s to form. William E. Bloor, City Attorney Attachments: A – Project Overview B – Project Budget C – Lodging Tax Fund Application -4- GRANTEE: Lincoln Park BMX Association B� , Governor Date: 17 ZG . ( Att st: _ h Kari Martinez -Bailey, Clerk ATTACHMENT A - PROJECT OVERVIEW Grantee: Lincoln Park BMX Association Section A: Brief Description Replace the entry gate and approach to the BMX track and install and; or replace fencing on the south, west and north sides of the facility. Goals/Expected Results/Products: Budget Category The project will improve safety and access to the BMX track entry and replace fencing on the south, west and north sides of the track to increase facility security. 21AGeneralAdmin. The project will result in: See attached Application ATTACHMENT B - SCOPE OF WORK AND BUDGET Budget Category Project Project Total Applicant's City Contribution Activities Contribution 21AGeneralAdmin Materials $55,475.00 Labor $55,475.00 and Labor SIE