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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