06-078.00 WA CTED: Planning GrantA
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
128 - 10f11 Avenue SW • PO Box 42525 • Olympia, Washington 98504 -2525 • (360) 725 -4000
September 25; 2006
Mr. Greg McCormick
Long Range Planning Manager
City of Spokane Valley
11707 Fast 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,
Jaclyn Woodson, Contract Specialist
Growth Management Services
Phone: (360) 725 -3067 / Fax: / E -mail: jacl)- ,nw @cted.wa.gov
Enclosure
0
11 C06 -78
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STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
128 - 10f11 Avenue SW • PO Box 42525 • Olympia, Washington 98504 -2525 • (360) 725 -4000
September 25; 2006
Mr. Greg McCormick
Long Range Planning Manager
City of Spokane Valley
11707 Fast 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,
Jaclyn Woodson, Contract Specialist
Growth Management Services
Phone: (360) 725 -3067 / Fax: / E -mail: jacl)- ,nw @cted.wa.gov
Enclosure
0
11 C06 -78
SEP 2 2 2006
CTED Contract Face Sheet GROWTH MANAGEMENT Contract Number: N07- 63200 -001
v1.3 2 - 811 012 005
Washington State Department of Community, Trade and Economic Development
Local Government Division
Growth Management Services
1. Contractor Name and Address
2. Contractor Doing Business As (optional)
City of Spokane Valley
11707 East Sprague Avenue Suite 106
Spokane Valley, Washington 99206
3. Contractor Representative
4. CTED Representative
Name: Greg McCormick
Name: Dee Caputo
Phone: (509) 688 -0023
Phone: (360) 725 -3068
Fax: (509) 921 -1008
Fax:
e- mail: gmccormick @spokanevalley.org
e-mail: deeca @cted.wa.gov
5. Contract Amount
6. Funding Source
7. Start Date
8. End Date
$60,203
Federal: ❑ State: 0 Other: ❑ N /A: ❑
07/01/2006
06/30/2007
9. Federal Funds (as applicable) Federal Agency
CFDA Number:
N/A
N/A
10. Tax ID #
11. SWV #
12. UBI #
13. DUNS #
REDACTED
14. Contract Purpose
To creat development regulations that will implement our newly adopted Comprehensive Plan. The grant will be used for
staff time, printing, copying and mailing cost.
The DEPARTMENT and CONTRACTOR acknowledge and accept the terms of this CONTRACT and attachments and have
executed this CONTRACT on the date below to start as of the date and year referenced above. The rights and obligations of
both parties to this CONTRACT are governed by this CONTRACT and following other documents incorporated by reference:
CONTRACT Terms and Conditions including Attachment "A"
Work Plan, and Attachment "B" Budget.
FOR THE CONTRACTOR
FOR THE DEPARTMENT
e�
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X
Nancy'k. OuAey
Assistant Director
o✓
Z�r v�
Name (please print)
Date
APPROVED AS TO FORM ONLY
Title
q, tot yf.
Signature on file
Date
Alan D. Copsey
Assistant Attorney General
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
August 1V, LVVO
You may petition for a review of our findings pertaining to any Date
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Page 1 of 10 382
CONTRACT NO. N07- 63200 -001
CONTRACT TERMS & CONIDITIONS
SECTION 1 - PREAMBLE
This CONTRACT, entered into by City of Spokane Valley (hereinafter referred to as the GRANTEE- "), and the Washingtor
State Department of Community, Trade and Economic Development (hereinafter referred to as the DEPARTMENT),
WITNESSES 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
WHEREAS, the DEPARTMENT 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
WHEREAS, the DEPARTMENT has selected the GRANTEE to receive funds and the GRANTEE intends to use the fund;
to undertake a project which furthers the goals and objectives of the DEPARTMLNT,s Growth Management Services Uni
in accordance with its mission.
THEREi'ORE, 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 Plan that is incorporated into the CONTRACT by reference.
SEC'T'ION 3 - FUNDING
The total funds 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 "B" 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 `B." 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 - CONTRACC PER_i.OD
A. The effective date of this CONTRACT shall be the date all parties sign and complete execution of the
CONTRACT. This CONTRACT shall terminate on June 30, 2007, 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 July 1, 2006 and until the termination date in
paragraph
Page 2 of 10 382
CONTRACT NO- N07 -463200 -001
SECTION 6 - REIMBURSEMrNT PROVISION'S
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 DEPARTMENT shall remit to the
GRANTEE a warrant covering the DEPARTMENT's share of the costs incurred for work performed.
D. The final invoice voucher covering costs incurred for work performed on or before June 30, 2007, must be
submitted by the GRANTEE prior to July 10, 2007, to allow the DEPARTIvfENT sufficient time to process it.
Payment of the final voucher shall be contingent upon the DEPARTMENT's receipt and approval of any
products or deliverables designated in Attachment "A."
SECTION 7 - REPORTS
A. The GRANTrFE 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. The 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 - ACKNOWLEDGMENT OF STATE FUNDING
The GRANTEE shall provide all project - related press releases to the .DEPARTi\rIENT. Press releases shall identify the
DEPARTMENT 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 - DOCUMENTATION, MONiTORiNG. AND AUDIT
During the CONTRACT 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 DEPARTMENT 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 GRANTEE agrees to provide a copy of its most recent audit and management letter if the DEPARTMENT so
requires.
The GRANTEE agrees to obtain an audit for specific expenditures under this CONTRACT if the DEPAR"rM_ENT so
requires. Costs of a required audit are an allowable expense.
Page 3 of 10 392
S E CI'IO T 10 - RECAPTURE PROVISIONS
CO\°TItACT NO. \N07 -63200 -001
In the event that the GRANTEE fails to expend funds under this CONTRACT in accordance with state laws and /or the
provisions of this CONTRACT, the DEPARTMENT reserves the right to recapture state funds 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 funds under this recapture provision shall occur within 30 days of demand. In the event that the
DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPAfZTM- NT shall be
entitled to its costs thereof, including reasonable attorney's fees.
SECTION 11 - CONTRACT AMENrDMENTTS
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
June 30, 2007.
SECTION 12 - NONDiSCR.IMINATION 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 seq., the Americans with Disabilities Act (ADA).
In the event of the GRANTEE's noncompliance or refusal to comply with any nondiscrimination law, regulation, or
policy, this CONT>ACT 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 - TERMINATION OF 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 under this
CONTRACT; the DEPARTMENT 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
DEPARTMENT submits written notice to the GRANTEE describing such default or violation.
B. Notwithstanding any provisions of this CONTRACT, 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 for GRANTEE wort: performed, and not otherwise paid for by the DEPARTMENU prior to the
effective date of such terminations, shall be as the DEPARTMENT reasonably determines.
Page 4 of 10 382
CONTRACT NO, N107- 63200 -001
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 OFFICER OR EMPLOYEE OF DEPARTMENT OR STATE
The GRANTEE, its employees, or agents perfonning under this CONTRACT are not deemed to be officers or employees
neither of the DEPARTMENT or the State of Washington. The GRANTTEE 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 15 - USE OF SUBCO'NrrRACTS
The GRANTEE may enter into subcontracts for any of the work contemplated under this CONTRACT without obtaining
prior written approval of the DEPARTMENT. The GRANTI~E shall follow local policies regarding procurement or shall;
or in the absence of local policies, shall use a competitive procurement process.
Each subcontract that the GRANTEE enters into with a subcontractor, creditor, or another similar entity in the fulfillment
of this CONTRACT shall contain a clause providing notice that the DEPAWI'M N`' and the State of Washington are not
responsible fur any legal obligation, financial or otherwise, incurred by the GRANTEE.
The DE'PAR I'M:ENT 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 subcontractor,
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 - OWNERSHIP 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. The 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 DEPARMENT 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 GRANTEE 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 10 382
co NrmAcrNO. N07- 63200 -001
SECTION 17 - TRAVEL AND SUBSISTENCE REIMBURSEMENT
Travel and subsistence reimbursement 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. Current rates are maintained at
http: / /tianvty. ofin. wa.gov /re sources /travel. asp.
SECTION 18 - SPECIAL PROVISION
The DEPAR.TMENT'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 GRANTEE's performance of activities under the terms of this CONTRACT.
SECTION 20 - DISPUTE fZESOLUTION
Except as otherwise provided in this CON�'RACI', 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 DEPARTMENT, a
representative appointed by the GRANTEE*, and a third person 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 VENUE
The CONTRACT shall be construed and interpreted in accordance with the laws of the State of Washington and the
venue of any action brought hereunder shall be the in Superior Court of Thurston County, Washington.
SECTION 22 - APPLICABI LAWS AND REGULATIONS
'The GRANrrE -E 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 - SEVE,It"fL1TY
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, the terms and conditions of this CONTRACT are
declared severable.
Page 6 of 10 382
CONTI2AC`I' N0. N07 -63200 -001
SECTION 24 - EYFIRE 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_ page(s); and
ATTACHMENT B: "Budget," consisting of_ page(s).
Page 7 of 10 382
CONTRACT N0. N07- 63 20MO1
1.
ATTACITN>`lv NT A: WORK PLAN
Grantee: Cite of Spokane Valley -
Summary; To ereat development regulations that will irnplern ent our newly adopted Cornpre hen 9ive Plan_
The grant will be used iior staff time, printing, copying and mailing cost
Estimated Completion Dates &. Activities:
Goals/
Description
Start Date
End Date
Actions/
.Deliverables
Goal 1.0
Dram a Uniform Development Code (UDC) to fully
i nip lementthe omprehensivePlan
Diction 1.1
Prepare the folio %ving Draft UDC sections: 'T'itle 17:
9/112006
6115 {2007
General Provisions, Title 18: Administration, Title 19:
Zoning Regulations, Title 22: Design and Development
Standards.
Deliverable 1.2
Draft sections of UDC as listed in action l_1 to (71'1~1)
91112006
611512007
Goal 2.0
Citizen participation Activities
Action 2.1
Conduct development regulations meetings, hearings,
91112006
6115/2007
and workshops.
De iverable 2.2
Copy of all citizen participation opportunities to date,
9!112406
611512007
dclivercd to CTED.
Page 8 of 10 382
Status Deports Due BY:
12/15/2006
6/15/2007
' CONTRACT NO. N07- 63200 -001
Page 9 of 10 382
CON'mACT NO. 007-63200-001
ATTACHMENT B: BUDGET
The budget shall consist of the following elements:
1. Category of Expenditure
2. Budget Summary
SFY 2006
SFY 2006
Total
SFY 2007
$ 0
Total
alaries and Benefits
$
0
$
211,000
S
211,000
oods and Supplies
$
0
$
2,500
S
2,500
rofessional Services
$
0
$
0
S
0
ther Goods and Services
$
0
$
2,500
S
2,500
�otal
$
0
$
216,000
$
216,000
2. Budget Summary
Payment Disbursement Schedule
SFY 2006
SFY 2007
Total
,TED Funds
$ 0
$ 60,203
S 60,203
ther hunds
$ 0
$ 155,797
$ 155,797
-otal
$ 0
$ 216,000
$ 216,000
Payment Disbursement Schedule
4. Special Budget Provisions
A. For CONTRACTS over S30,000 the total amount oftranstcrs 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 CON "I "RAC`I' amendment by the GRANTEE and
the T.)E.PA.RTKENT.
B. 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 hventy percent, the total budget shall be subject to
justification and negotiation of a CONTRACT amendment by the GRANTEE and
the DEPARTMENT.
C. A sum of ten (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 10 of 10 382
Amount
Upon final signing of contract and before June 30, 2007
S 30,102
After submission of first status report and bef.'ore June 30, 2007
$ 24,031
Upon completion of the contract and before June 30, 2007
$ 6,020
4. Special Budget Provisions
A. For CONTRACTS over S30,000 the total amount oftranstcrs 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 CON "I "RAC`I' amendment by the GRANTEE and
the T.)E.PA.RTKENT.
B. 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 hventy percent, the total budget shall be subject to
justification and negotiation of a CONTRACT amendment by the GRANTEE and
the DEPARTMENT.
C. A sum of ten (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 10 of 10 382