04-032.00 WSCTED: Planning Grant for Comprehensive Plan Developmentr 57A o
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
128 - 10" Avenue SW • PO Box 42525 • Olympia, Washington 98504 -2525 • (360) 725 -4000
September 10, 2004
Mr. Greg McCormick AICP
Long Kan-0 e Planning Manager
Community Development [department
City of Spokane Valley
11707 East Sprague Avenue; Suite 106
Spokane Valley, Washington 99206
Dear Mr. McCormick:
Enclosed is your signed original contract between City of Spokane Valley and the Department of
Community, Trade, and Economic Development for your Newly Planning Grant. If you have any
questions about the contract, please call me at (360) 725 -3067.
Sincerely,
Keith Maw
Assistant Planner
Growth Management Services
Phone 360.725.3067 / Fax 360.753.2950 / keithm a.cted.wa.gov
Enclosure
0
ed 4/ -&3?
n �, CONTRACT NO. S05- 62600 -003
LU10
{• F E"}�
),"ECONOMIC DEVELOPMENT
1. GRANTEE
2. AWARD DATE:
3. END DATE:
City of Spokane Valley
City of Spokane Valley 11707 East Sprague Avenue,
Spokane Valley, Washington 99206
8/24/2004
6/30/2005
4. GRANTEE REPRESENTATIVE:
5. CTED REPRESENTATIVE:
NAME: Greg McCormick
NAME: Dee Caputo
PHONE: (509) 688 -0023
PHONE: (360) 725 -3068
FAX:
FAX: (509) 921 -1008
E- MAIL: gmccormick @spokanevalley.org
E -MAIL: deeca @cted.wa.gov
6. SOURCE OF STATE FUNDS:
7. GRANTEE TAX IDENTIFICATION NUMBER:
(GROWTH MANAGEMENT SERVICES)
REDACTED
$60,203
8. SUMMARY:
To to develop a Comprehensive Plan consistent with the planning goals of the Growth Management Act.
The DEPARTMENT and GRANTEE acknowledge and accept the terms of this CONTRACT and attachments and
have executed this CONTRACT as of the date and year written below. The rights and obligations of both parties to
this CONTRACT are governed by this CONTRACT and other documents incorporated by reference: CONTRACT
Terms and Conditions including Attachment "A," Work Plan and Attachment "B," Budget.
FOR THE DEPARTMENT OF COMMUNITY TRADE
FOR City of Spokane Valley:
AND ECONOMIC DEVELOPMENT:
22Z� GW 1wi Zoe± � d 4YA,
NAME 1
Nancy Kf Ousley, Agistant Director
TITL
DATE: % /r1 Q y
DATE: 3_ o
APPROVED AS TO FORM ONLY:
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
Signature on file
Melissa Burke -Cain, Senior Council You may petition for a review of our findings pertaining to any
Office of the Attorney General of Washington redacted or withheld documents pursuant to Spokane Valley
DATE: October 20 2003 Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Page 1 of 11
87
CONTRACT NO. S05- 62600 -003
CONTRACT `I ERMS & COivDI IOiNS
SECTION 1 - PREAMBLE
This CONTRACT, entered into by City of Spokane Valley (hereinafter referred to as the GRANTEE), and the Department
of Community, Trade and Economic Development (hereinafter referred to as the DEPAR`1"MI:NI� , W- M&NESSES THAT:
WHEREAS, the DEPARTMENT has the responsibility under RCW 43.330.050(5) to provide financial and technical
assistance to the communities of the state, to assist in improving the delivery of federal, state, and local programs; and to
provide communities with opportunities for productive and coordinated development beneficial to the well -being of
communities and their residents; and
WI-i.EREAS, the INEPART►MENT has the statutory authority under RCW 43.330.120 to offer technical and financial
assistance to cities and counties planning under the Growth Management Act; and
NNrHEREAS, the DEPARTMENT has selected the GRAwTEI1 to receive funds and the GRANTEE shall use the funds to
undertake a project which furthers the goals and objectives of the DEPARTM—ENi "s Growth Management Ser%loes Unit in
accordance with its mission.
THEREFORE, the parties mutually agree to the following terms and conditions:
SECTION 2 - WORK PLAN
Over the course of the CONTRACT period, the GRANTEE shall accomplish the activities described in Attachment "A ":
Work flan that is incorporated into the CONTRACT by reference.
SECTION 3 - FUNDING
The total fiends to be reimbursed to the GRANTEE for costs incurred during the CONTRACT period shall be a sum not to
exceed $60,203.
SECTION 4 - BUDGET
An approved budget by category of expenditure is included as Attachment "S" of this CONTRACT that is incorporated
into the CONTRACT by reference. The total amount of transfers of funds between line item budget categories shall be as
specified in Attachment "13." If the cumulative amount of these transfers exceeds or is expected to exceed the amount
specified in Attachment "B," the total project budget shall be subject to justification and negotiation of a CONTRACT
amendment by the GRANTEE and the DEPARTMENT.
SECTION 5 - CON TRACT PERIOD
A. The effective date of this CONTRACT shall be the date all parties sign and complete execution of the
CONiTRACT. 'Phis CONTRAM' shall terminate on 6/30/2005 except for any remaining obligations of
the GRANTEE as may exist under Section 7.
B. Costs to be reimbursed by the DEPARTMENT under this CONTRACT are those eligible costs incurred during
the performance of the CONTRACT work program on or after 7/1/2004.
Page 2 of 11 87
CONTRAcr NO. S05- 62600 -003
SECTION 6 - REIMBURSEMENrT PROVISIONS
A. Funds will be disbursed per the schedule established in Attachment `B."
B. Only eligible project - related costs will be reimbursed. ineligible costs include, but are not necessarily limited to:
capital expenses, such as land acquisition or construction costs; purchase of machinery; hosting expenses, such as
meals; lodging, or transportation incurred by persons other than staff and volunteers working directly on the
project; lobbying or political influencing; and other costs which are not directly related to the project.
C. Within twenty (20) days after receiving and approving the voucher; the DEPARTIMENT shall remit to the
GlZAN°1'hE a warrant covering the DE PAiZ"1'MIrNT`s share of the costs incurred for work performed.
D. The final invoice voucher covering costs incurred for work performed on or before 6/30/2005, must be
submitted by the GRANTEE prior to 7/10/2005 to allow the DEPARTMENrT sufficient time to process it.
Payment of the final voucher shall be contingent upon the DEPARTMHNT's receipt and approval of any
products or deliverables designated in Attachment "A."
SECTION 7 - REPORTS
A. The GRANThI? shall submit a brief progress report on a form approved by the DEPARTMENT which describes
the progress made on the work program outlined in Attachment "A." Progress reports will be submitted on a
Semiannual calendar cycle. °1"he Semiannual progress report shall also provide detail on the dedicated matching
funds.
B. The GRANTEE shall furnish, along with or prior to submitting the final invoice voucher, two copies of each final
product designated in Attachment "A."
SECTION S - ACKNOWLF- DG'IENT OF STATE FUNDING
The GRANTEE shall provide all project - related press releases to the DEPAIlTiM NT. Press releases shall identify the
DEPAIZTMHNT as a project financier.
Publications such as reports and pamphlets which are developed totally or in part with funds provided under this
CONTRACT shall give credit to the funding source by including the following: "Funds made available through the
Washington State Department of Community, Trade and Economic Development."
SECTION 9 - DOCUMENrfATION, MONITORING. AND AUDIT
During the CONITJ1 ACT period and following its termination, the GRANTEE shall follow accounting procedures and
shall maintain books, records, documents, and other evidence which sufficiently and properly reflect all project specific
costs expended in the performance of this CONTRACT. The Office of the State Auditor or any persons duly authorized
by the DEPAW iivIENT shall have full access to and the right to inspect, excerpt, audit, or examine any of these materials
at all reasonable times for a period of six years after termination of the CONTRACT.
The DEPARTMENT may require a copy of the GRANTEE's most recent audit and management letter.
The DEPARTMENT may require the GRANTEE to obtain an audit for specific expenditures under this CONTRACT.
Costs of a required audit are an allowable expense,
Page 3 of 11 87
CONTRACT NO. S05- 62600 -003
SECTION 10 - Rl.CAPTURE PROVISIONS
In the event that the GRANTEE fails to upend funds under this CONTRACT in accordance with state laws and/or the
provisions of this CONTRACT, the DEPARTMINT reserves the right to recapture state fiends in an amount. equivalent to
the extent of the noncompliance.
Such right of recapture shall exist for a period not to exceed six years following CONTRACT termination. Repayment by
the GRANTEE of finds under this recapture provision shall occur within 30 days of demand. In the event that the
DI- PAR`i'MENT is required to institute legal proceedings to enforce the recapture provision, the DEPA.RTMIdNT shall be
entitled to its costs thereof, including reasonable attorney's fees.
SECTION 1 I - CONTRACT AMENDMENTS
A. The DEPARTMENT or the GRANTEE may request changes to the CONTRACT or its provisions. It is agreed
and understood that no material or substantive alteration or variation of the terms of this CONTRACT shall be
valid unless made in writing and signed by both parties. Any oral understanding or agreements shall not be
binding unless made in writing and signed by both parties.
B. CONTRACT amendments shall not be made which result in an extension of the CONTRACT period beyond
.tune 30. 2005.
SEC'T'ION 12 - NONTDISCRIIyMIATION CLAUSE
During the performance of this CONTRACT, the GRANTEE shall comply with all federal and state nondiscrimination
laws, including, but not limited to chapter 49.60 RCW. Washington's Law Against .Discrimination, and 42, U.S.C. 12101
et seu., the Americans with Disabilities Act (A.DA).
In the event of the GRA.NTEE.'S noncompliance or refusal to comply with any nondiscrimination law, regulation, or
policy, this CONTRACT may be rescinded, canceled, or terminated in whole or in part, and the GRANTEE may be
declared ineligible for further CONTRACTS with the DEPARTMENT. The GRANTEE shall, however, be given a
reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with Section 20.
SECTION 13 - TER.MTNATiON Or CONTRACT
A. If, through any cause, the GRANTEE shall fail to fulfill its obligations under this CONTRACT in a timely and
proper manner; or if the GRANTEE shall violate any of its covenants, agreements, or stipulations; the
DEPARTrV1ENT shall have the right to terminate this CONTRACT. The DEPARTMENT may withhold the
balance of state funding if such default or violation is not corrected within twenty (20) days after the
DEPAl0'?vlENT submits written notice to the GRANTEE describing such default or violation.
B. Notwithstanding any provisions of this COiNTTRACT, either party may terminate this CONTRACT by providing
written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date.
C. Reimbursement f.'or GRANTEE work performed, and not otherwise paid for by the DEPARTMENT prior to the
effective date of such terminations, shall be as the DEPARTMENT reasonably determines.
Page 4 of 11 87
CON`110 CT N0. S05 -62600 -003
D. In the event funding from the state, federal, or other sources is withdrawn, reduced, or limited in any way after
the effective date of this CONTRACT and prior to normal completion, the DEPARTMENT may unilaterally
reduce the scope of work and budget or terminate this CONTRACT.
SECTION 14 - GRANTEE NOT EMPLOYEE OF DEPARTMENT
The GRANTEE, its employees, or agents performing under this CONTRACT are not deemed to be employees neither of
the DEPARTMENT nor as agents of the DEPARTMENT in any manner whatsoever. The GRANTEE will not hold itself
out as or claim to be an officer or employee of the DEPARTMENT or of the State of Washington and will not make any
claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT
or of the State of Washington.
SECTION IS -USE OF SUBCONTRACTS
The GRANTEE may enter into subcontracts for any of the work contemplated under this CONTRACT without obtaining
prior written approval of the DEPARTMENT. The GRANTEE shall follow local policies regarding procurement, or in
absence of local policies, shall use a competitive procurement process.
Each CONTRACT that the GRANTEE enters into with subcontractors, creditors and others shall contain a clause
providing notice that the state and the DEPARTMENT are not responsible for any legal obligation, financial or otherwise,
incurred by the GRANTEE.
The DEPAR "I'MH (\'T reserves the right to monitor the subcontractor selection process and contractual documents either
during or following the selection process.
The GRANTEE is responsible for the performance of any subcontractors. The GRANTEE shall require all subcontractors
to follow the same rules and regulations as described in this document. All subcontractors must be monitored by the
GRANTEE to ensure fiscal accountability.
SECTION 16 - OWNERSI.111' OF PROJECT MATERIALS
All finished or unfinished documents, data; studies, surveys, drawings, models, photographs, films, duplicating plates,
computer disks and reports prepared by the GRANTEE under this CONTRACT shall be works for hire under U.S.
copyright law. Tile DEPARTMENT may duplicate, use, and disclose in any manner and for any purpose whatsoever, all
materials prepared under this CONTRACT.
The GRANTEE must have prior approval of the DEPAITMENT to produce patents, copyrights, patent rights, inventions,
original books, manuals, films, or other patentable or copyrightable materials, in whole or in part with funds received
under this CONTRACT. The DEPARTMENT reserves the right to determine whether protection of inventions of
discovery shall be disposed of and administered in order to protect the public interest. Before the GR.ANTFIr copyrights
any materials produced with funds under this CONTRACT, the DEPARTMENT reserves the right to negotiate a
reasonable royalty fee and agreement.
Page 5 of 11 87
CONTRACT NO. S05- 62600 -003
SECTION 17 - TRAVEL AND SU13SiS'I'ENCL R.EIMBU12SE1\9ENT
Travel and subsistence reimbursement shall be made in accordance with the guidelines followed by the GRANTEE in the
course of normal operations. In the absence of local provisions, per diem rates and travel allowances shall be paid in
accordance with rates set for state employees pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
hereafter amended.
SECTION IS - SPECIAL PROVISION'
The DEPARTMENT's failure to insist upon the strict performance of any provision of this CONTRACT or to exercise
any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a
waiver of any right under this CONTRACT.
SECTION 19 - HOLD HARMLESS
The GRANTEE" agrees to defend, hold harmless, and indemnify the State of Washington and the DEPARTMENT, their
officers, agents, employees, and assigns against any and all damages of claims from damages resulting or allegedly
resulting from the GR.ANI'E E's performance of activities under the terms of this CONTRACT.
SECTION ION 20 - DiSPUTE RESOLUTION'
Except as otherwise provided in this CONTRACT, when a bona fide dispute arises between the parties and it cannot be
resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute
resolution team to resolve the dispute. The team shall consist of a representative appointed by the DF- PAR'TMEN'f, a
representative appointed by the GRANTEE, and a third party mutually agreed upon by both parties. The team shall
attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in a
judicial or quasi-judicial tribunal.
SECTION 21 - GOVERNING LAW AND VI?NUE
The CON "I 'RACT shall be construed and enforced in accordance with, and the laws of the State of Washington hereof
shall govern the validity and performance. Venue of any suit between the parties arising out of this CONTRACT shall be
the Superior Court of Thurston County, Washington.
SECTION' 22 - APPLI ABLE LAWS ANll REGULATIONS
The GRANTEE shall comply with all existing applicable laws, ordinances, codes, regulations and policies of local, state,
and federal governments, as now or hereafter amended.
SECTION 23 - SEVERABiLiTY
In the event any term or condition of this CONTRACT or application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other terms, conditions, or applications of this CONTRACT which can be given
effect without the invalid term, condition, or application. To this end, time terms and conditions of this CONTRACT are
declared severable.
Page 6 of 11 87
CONTRACT NO. S05 -62600 -403
SECTION 24 - ENTIRE AGREEMENT
This contract, including referenced exhibits, represents all the terms and conditions agreed upon by the parties. No other
understandings or representations, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist
or to bind any of the parties hereto.
The attachments to this agreement are as follows:
ATTACHMENT A: "Work Plan," consisting of _3_ page(s); and
ATTACHMENT B: "Budget," consisting of _1_ page(s).
Page 7 of 11 87
A7 TACHN ENT A: WORK PLAN
Grantee: City of Spokane Valley
CONTRACT NO. S05- 62600 -003
Summary: To develop a Comprehensive Plan consistent with the planning goals of the Growth Management Act.
Estimated Completion Dates & Activities:
Goals/
Actions/
Deliverables
Description
Start
Date
End Date
Coal 1
Draft Transportation Element
Action I
Review Spokane County Plan and other pertinent
documents
7/1/2004
7115/2004
Action 2
Prepare "working draft" Transportation Element
7/15/2004
8/31/2004
Action 3
Conduct workshop before Planning Commission
on Drag Transportation Element
9/1/2004
9/2312004
Deliverable 4
Preliminary Draft'1 °ransportation Element.
12/1/2004
12/112004
Coal 2
Draft Utilities Element
Action 1
Review County Plan and other pertinent
7/1/2004
811/2004
Action 2
Coordinate with private Utility providers
7/1/2004
8/1/2004
Action 3
Prepare "working draft" Utilities Element
7/1/2004
8/15/2004
Action 4
Conduct workshop before Planning Commission
on Draft Utilities Element
7/1/2004
7/31/2004
Deliverable 5
Preliminary Drall Utilities Element
12/1/2004
12/1/2004
Goal 3
Draft Capital Facilities .Element
Action 1
Review County Plan and other pertinent
7/1/2004
9/1/2004
Action 2
Coordinate with public and private service
providers
7/1/2004
5/1/2005
Action 3
Prepare "working draft" Capital Facilities Element
711/2004
5/1/2005
Action 4
Conduct workshop before Planning Commission
on Draft Capital Facilities Element
12/1/2005
51112005
Deliverable 5
Preliminary Draft Capital Facilities Element
6130/2005
6/3012005
Goal 4
Draft Parks l7"lement
Action 1
Review County Plan and other pertinent
7/1/2004
9/1/2004
Page 8 of 11 87
CONTRACT NO. S05- 62600 -003
Goals/
Actions/
Deliverables
Description
Start
Date
End Date
Goal 4
Daft Parks Klement
Action 2
Participate with Parks Department on
development of Parks Master flan
7/1/2004
6/3012005
Action 3
Prepare "working draft" Parks Element
7/1/2004
12/1/2004
Deliverable 4
Draft Parks Element sent to CTED
1211!2004
1211!2004
Action 5
Conduct workshop before Planning Commission
on Draft Capital Facilities Element
91112004
1211/2004
Goal 5
Drall Economic Development Element
Action 1
Review County flan and other pertinent
7/112004
6/3012005
Action 2
Prepare "working draft' Economic Development
Element
7/112004
511!2005
Action 3
Conduct workshop before Planning Commission
on Draft Economic Development Element
9/1/2004
51112005
Deliverable 4
Preliminary Draft Economic Development
6/3012005
6130/2005
Goal 6
Prepare Draft Supplemental Environmental
Impact Statement
Action I
Review Environmental Documents prepared by
Spokane County as part of their Comp Ilan
711/2004
6/3012005
Action 2
Prepare working draft environmental document
91112004
613012005
Deliverable 3
Draft Supplemental Environmental Impact
Statement
6130/2005
6/3012005
Goal 7
Citizen Participation Activities
Action l
Conduct Comp Plan community meetings
7/112004
6/30/2005
Deliverable 2
Copy of all citizen participation opportunities to
date.
6/30/2005
6/30/2005
Page 9 of 11
Status Reports Due By:
12/15/2004
6/15/2005
CONTRACT NO. S05 -62600 -003
Page 10 of 11 87
CONTRACT NO. S05- 62600 -003
ATTACHMENT B: BUDGET
The budget shall consist of the following elements:
1. Category of Expenditure
2. Budget Summary
SFY 2004
SFY 2004
Total
SFY 2005
$ 0
Total
Salaries and Benefits
S
0
$
194,000
$
194,000
Goods and Supplies
S
0
$
15,000
$
15,000
Professional Services
$
0
$
0
$
0
Other Goods and Services
$
0
$
1,000
$
1,000
Total
I $
0
S
210,000
$
210,000
2. Budget Summary
3. Payment Disbursement Schedule
Upon final signing of contract and before June 30, 2005
SFY 2004
SFY 2005
Total
CTED Funds
$ 0
S 60,203
$ 60,203
Other Funds
S 0
$ 149,797
$ 149,797
Total
I S 0
$ 210,000
$ 210,000
3. Payment Disbursement Schedule
Upon final signing of contract and before June 30, 2005
$ 30,102
After submission of first status report and before .tune 30, 2005
$ 24,081
Upon completion of the contract and before .tune 30, 2005
$ 6,020
4. Special Budget Provisions
A. For CONTRACTS over 530,000 the total amount of transfers of funds between line item budget
categories shall not exceed ten (10) percent of the total budget. If the cumulative amount of these
transfers exceeds or is expected to exceed ten percent, the total budget shall be subject to,
justification and negotiation of a CONTRACT amendment by the GRANTEE and
the DEPARTMENT.
13. For CONTRACTS under $30,000 the total amount of transfers of funds between line item budget
categories shall not exceed twenty (20) percent of the total budget. if the cumulative amount of these
transfers exceeds or is expected to exceed twenty percent, the total budget shall be subject to
justification and negotiation of a CON`fRAC`l' amendment by the GRANTEE and
the DEPAKTMENT.
C. A sum often (10) percent of funds shall be withheld until all tasks, activities, and final products
defined in ATTACHMENT "A" have been successfully completed by the GRANTEE and accepted
fully by the DEPARTMENT.
Page 11 of 11 87