07-056.00 WA CTED: Comprehensive Plan Development RegulationsCTED Contract Face Sheet Contract Number: N08- 63200 -702
v1.32 - 811012005
Washington State Department of Community, Trade and Economic Development
Local Government Division
Growth Management Services
You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley Date
CIA-
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Page 1 of 9
522
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 McCormich, AICP
Name: Dee Caputo
Phone: 509- 688 -0023
Phone: (360) 725 -3068
Fax: 509- 921 -1008
Fax:
e- mail: gmcconnick @spokanevalley.org
e-mail: deeca @cted.wa.gov
5. Contract Amount
6. Funding Source
7. Start Date
8. End Date
$15,050
Federal: ❑ State: [Z] Other: ❑ N /A: Ell
07/01/2007
06/30/2008
9. Federal Funds (as applicable) Federal Agency: CFDA Number:
N/A N/A
10. Tax ID #
11. SV # —]-i-2.
W
UBI #
13. DUNS #
REDACTED
14. Contract Purpose
To create development regulations that will implement our newly adopted Comprehensive Plan. The grant will be used for
consulting, printing and mailing costs.
CTED and GRANTEE acknowledge and accept the terms of this AGREEMENT and attachments and have executed this
AGREEMENT on the date below to start as of the date of the last signed party. The rights and obligations of both parties to
this AGREEMENT are governed by this AGREEMENT and following other documents incorporated by reference in the
AGREEMENTS' Terms and Conditions including Attachment "A" Scope of Work, and Attachment "B" Budget.
FOR THE CONTRACTOR
FOR THE DEPARTMENT
X—
Marijo Olson
Acting Assistant Director
Name (please print)
Date
;�
1 J44Q y4n!� �l.�iw tk' 4A -0 tV
APPROVED AS TO FORM ONLY
`1 a
Date
Alan D. Copsey C'
Assistant Attorney General
This
document contains confidential tax information and
has
been redacted pursuant to RCW 82.32.330.
You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley Date
CIA-
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Page 1 of 9
522
- , `.4TRACT NO. N08- 63200 -702
CONTRACT TERMS & CONDITIONS
THIS AGREEMENT is made and entered into by and between the DEPARTMENrr OF COMMUNITY, TRADE. AND
ECONOMIC DEVELOPMENT, hereinafter referred to as "CTED," and City of Spokane Valley hereinafter referred to as
the "GRANTEE."
Whereas, CTED has the responsibility under R.CW 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 CTED 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, CTED has selected the GRANTEE to receive funds and the GRANTEE shall use the funds to undertake a
project which furthers the goals and objectives of CTED's Growth Management Services Unit in accordance with its
mission.
THEREFORE, the parties mutually agree to the following terms and conditions:
SCOPE OF WORK
The GRANTEE shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things
necessary for or incidental to the performance of the work set forth in Attachment "A" attached hereto and incorporated
herein.
PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence on 07/01 /2007, and be completed on 09/30/2007, except
for any remaining obligations of the GRANTEE as may exist under Attachment "A," unless terminated sooner as
provided herein.
PAYMENT
Compensation for the work provided in accordance with this Agreement has been established under the terms of R.CW
39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $15,050. Payment
for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writting to a
higher amount. Any such written agreement shall be attached to this Agreement and shal I be considered an amendment to
this Agreement. Compensation for service(s) shall be paid according to the schedule listed in Attachment "B" which is
attached hereto and incorporated by reference.
In the event that the GRANTEE fails to expend funds under this AGR.EEMENrl' in accordance vwith stat6 -laws and/or the
provisions of this AGREEMEN r, CTED 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 expiration of this
Agreement or its termination by either party. Repayment by the GRANTEE of•funds under this recapture provision shall
occur within 30 days of demand. In the event that CTED is required to institute legal proceedings to enforce this
recapture provision, CTED shall be entitled to its costs thereof, including reasonable attorney's fees.
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TRAc'r NCB. 1%108- 63200 -702
RECORDS MAiNTENANCr
The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and
properly reflect all direct and indirect costs upended by either party in the performance of the service(s) described herein.
These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized
by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents,
and other material relevant to this Agreement will be retained for six years after expiration or termination of the
Agreement, and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have
full access and the right to examine any of these materials during this period.
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be
employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.
AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they
are in writing and signed by personnel authorized to bind each of the parties.
TERMINATION
Either party may terminate this Agreement upon 34 days' prior written notification to the other party. if this Agreement is
so terrinated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of
this Agreement prior to the effective date of termination.
TERAU- NATiON FOR CAUSE
If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if
either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such
failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15
working days. if failure or violation is not corrected, this Agreement may be terminated immediately by written notice of
the aggrieved party to the other.
DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner:
Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly
appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and
applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be
final and binding on the parties hereto.
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—` TRACT NO. i °08 -63200 -702
GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any
applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the
inconsistency shall be resolved by giving precedence in the following order:
a. Applicable state and federal statutes and rules;
b. Scope of work;
c. Budget;
d. Any other provisions of the agreement, including materials incorporated by reference.
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder; is not assignable or delegable by either
party in whole or in part, without the express prior written consent of the other party, which consent shall not be
unreasonably withheld.
WA- V E R
A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise
of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a
writing signed by an authorized representative of the party and attached to the original Agreement.
SEVERABILITX
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,
if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to
this end the provisions of this Agreement are declared to be severable.
CONTRACT MANAGEMENT
The program manager for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Agreement.
The Program Manager for CTED is:
Dee Caputo
906 Columbia St. SW.
PO Box 48350
Olympia, WA 98504 -8350
deeca @cted.wa.gov
(360) 725 -3068
The Program Manager for GRANTED is:
Greg McCarmich, A1CP
11707 East Sprague Avenue Suite 106
Spokane Valley, Washington 99206
gmcconnick @spokanevalley.org
509 -688 -0023
Page 4 of 9 $22
ONTRACT NO. N08- 63200 -702
ALL WRITINGS CONTAINED HERELN
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto.
The attachments to this Agreement are as follows:
ATTACHMENT A: "Scope of `York"
Ari- ACHMENT 13: "Budget"
Page 5 of 9 522
ATTACHMENT A: Scope of Work
Grantee: City of Spokane Vallev
.'$J RACT NO. x708 -63200 -702
Summarv: To create development regulations that will implement our newly adopted Comprehensive Plan.
The grant will be used for consulting, printing and mailing costs.
Estimated Completion Dates & Activities:
Goals/
Actions/
Deliverables
Description
Start .Date
End Date
Goal 1.0
Prepare Public Hearing Draft of Sprague/Appleway
Subarea Plan (includes form based regulations.)
Action 1.1
Review staff comments on Administrative Draft.
07/01/2007
7/30/2007
Action 1.2
Integrate staff comments into Public bearing Draft.
07/01/2007
8/15/2007
Action 1.3
Conduct Joint City Council /Planning Commission
Meetings.
07/01/2007
8/15/2007
Deliverable 1.4
Public Hearing Draft Sprague /Appleway Subarea Plan.
07/01/2007
9/30/2007
Coal 2.0
Citizen Participation Activities.
Action 2.1
Conduct development regulations meetings, hearings
and workshops.
07/01/2007
9/30/2007
Deliverable 2.2
Copy of all citizen participation opportunities to date.
07/01/2007
9/30/2007
Page 6 of 9 522
f
Status R.eports .Due 13 y-
--'() STRAcr N0. NOS- 63200 -70?
12/15/2007
6/15/2008
REPORTS.
A. The GRANTEE shall submit a brief progress report on a fonn approved by CITED which describe the
progress made on the work program outlined in Attachment "A." Progress reports will be
submitted on a Semi- annua] calendar cycle. The semi- annual progress report shall also provide
detail on the dedicated matching funds.
B" The GRANTEE small furnish, a] ong with or pri or to submitting the final invoice voucher, Mo copies
of each final product designated in Attachment "A."
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°TRACT NO. N08- 63200 -702
ATTACHMENT B: BUDGET
The budget shall consist of the following elements:
1. Category of Expenditure
2. Budget Summary
E
SFY 2008
SFY 2008
Total
SFY 2009
$ 15,050
"f otaI
Salaries and Benefits
$
30,000
$
0
S
30,000
Goods and Supplies
$
300
$
0
$
300
Professional Services
$
15,050
$
0
S
15,050
Other Goods and Services
$
0
$
0
$
0
Total
$
45,350
$
0
$
45,350
2. Budget Summary
E
Payment Disbursement Schedule
SFY 2008
SFY 2009
Total
CTI:D P'unds
$ 15,050
$ 0
$ 15,050
Other f=unds
$ 30,300
$ 0
$ 30,300
Total
is 45,350
1 $ 0
1 $ 45,350
Payment Disbursement Schedule
Special Budget Provisions
A. For CONTRACTS over $30,000 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 GRiluNTEE 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 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.
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Amount
Upon final signing of contract and before June 30, 2008
S 7,525
After submission of first status report and before June 30, 2008
S 6,020
Upon completion of the contract and before June 30, 2008
S 1,505
Special Budget Provisions
A. For CONTRACTS over $30,000 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 GRiluNTEE 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 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.
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- . '- ;)NTRACT NO. N08- 63200 -702
Reimbursement Provisions
A. Funds will be disbursed per the schedule established in Attachment "B."
13. 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, CTED shall remit to
the GRANTEE a warrant covering CTED's share of the costs incurred for work performed.
D. The final invoice voucher covering costs incurred for work performed on or before 09/30/2007.must
be submitted by the GRANTEE prior 913012007, to allow CTED sufficient time to process it.
Payment of the final voucher shall be contingent upon CTED's receipt and approval of any products or
deliverables designated in Attachment "A."
Page 9 of 9 522
7
_ u
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
128 - 10ib Avenue SW • PO Box 42525 • Olympia, Mshinglon 98504 -2525 • (360) 725 -4000
August 1, 2007
Mr. Greg McComlich, AICP, Planning Manager
Community Development
City of Spokane Valley
11707 East Sprague Avenue
Suite 106
Spokane Valley, Washington 99206
Dear Mr. McCormich, AICP:
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.
Sig cerely,
Jac] }-,n Woodson, Contract Specialist
Growth Management Services
Phone: (360) 725 -3067 / Fax: / E -mail: jaclynw@cted.wa.gov
cted.wa.gov
Enclosure
`A�