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HomeMy WebLinkAboutR-2002-008 Washington State Department of Community Trade & Economic Development ( CTED ) AgreementRESOLUTION NO. R-2002- 08 A RESOLUTION authorizing the City Manager to execute an agreement with the Washington State Department of Community, Trade and Economic Development (CTED) for a 550,000 Growth Management Act Update grant. WHEREAS, CTED has the statutory authority under RCW 43.330.030(5) to cooperate Nvith and provide assistance to local governments and local agencies serving the communities of the state for the purpose of aiding orderly, productive, and coordinated development of the state; and WHEREAS, CTED also has the responsibility to administer programs and projects assigned to CTED by the Governor or the Washington State Legislature; and WHEREAS, CTED has the statutory responsibility under RCW 36.70A.190(1) to establish a program of financial assistance and incentives to counties, cities, and towns to encourage and facilitate the adoption and implementation of comprehensive plans and development regulations throughout the state; and WHEREAS, CTED desires to engage the City of Yakima to perform certain tasks as specified the attached project agreement; and WHEREAS, the City needs additional funding to complete tasks related to compliance with the Growth Management Act; and WHEREAS, the City Council determines that it is in the best interests of the City to contract with CTED according to the terms of the proposed Agreement in order to obtain a 550,000 Growth Management Act Update grant, now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated Agreement with the State of Washington Department of Community, Trade and Economic Development for a 550,000 Growth Management Act Update grant. ADOPTED BY THE CITY COUNCIL this 5th day of February, 2002. ATTEST: City Clerk (U)CED/gme state res./Feb. 02.pm 1ary Place, Mayor ? CEIVE D APR 2 9 2002 INTERGOVERNMENTAL AGREEMENT-OCAL ,:i0VERNMENT N WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT CONTRACT NUMBER: s02-63000-199 This AGREEMENT entered into by and between the City of Yakima (hereinafter referred to as the GRANTEE) and the Washington State Department of Community, Trade and Economic Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.330.050(5) to cooperate with and provide assistance to local governments and local agencies serving the communities of the state for the purpose of aiding orderly, productive, and coordinated development of the state; and WHEREAS, the DEPARTMENT also has the responsibility to administer programs and projects assigned to the DEPARTMENT by the Governor or the Washington State Legislature; and WHEREAS, the DEPARTMENT has the statutory responsibility under RCW 36.70A.190(1) to establish a program of financial assistance and incentives to counties, cities, and towns to encourage and facilitate the adoption and implementation of comprehensive plans and development regulations throughout the state; and WHEREAS, the DEPARTMENT desires to engage the GRANTEE to perform certain tasks as hereinafter specified. NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. FUNDING The total funds to be disbursed to the GRANTEE, for the agreement period shall not exceed fifty -thousand dollars ($50,000). 2. AGREEMENT PERIOD The effective date of this AGREEMENT shall be July 1, 2001. The termination date shall be June 30, 2003. 3. SERVICE PROVISIONS Funds provided to the GRANTEE under this AGREEMENT shall be used solely for activities undertaken to fulfill the mandates required by the Growth Management Act to implement the GRANTEE'S growth management strategy as described in ATTACHMENT: SCOPE OF WORK, which, by this reference, is made a part of this AGREEMENT. 4. DISBURSEMENT/REIMBURSEMENT PROVISIONS s02-63000-199 The GRANTEE shall submit an invoice voucher (Form A-19) to the DEPARTMENT upon signing this AGREEMENT for an amount equal to no more than seventeen thousand five hundred dollars ($17,500). No later than June 30, 2002, and upon completion of that portion of the scope of work to that date, the GRANTEE shall submit an invoice voucher to the DEPARTMENT for an amount equal to no more than seven thousand five hundred dollars ($7,500). On or after July 1, 2002, and upon completion of that portion of the scope of work to that date, the GRANTEE shall submit an invoice voucher to the DEPARTMENT for an amount equal to no more than seventeen thousand five hundred dollars ($17,500). Upon completion of the entire scope of work, no earlier than July 1, 2002, and no later than the expiration of this AGREEMENT, the GRANTEE shall submit an invoice voucher to the DEPARTMENT for an amount equal to no more than seven thousand five hundred dollars ($7,500). Any funds apportioned to be distributed by the terms of this AGREEMENT and not requested by the GRANTEE, or, if requested and not approved for distribution by the DEPARTMENT, shall be forfeited by the GRANTEE. 5. NONASSIGNABILITY Neither this agreement, nor any claim arising under this agreement shall be transferred or assigned by the GRANTEE; provided, that, in order to establish a review and evaluation program pursuant to RCW 36.70A.215, the GRANTEE may consult, coordinate, and contract with other cities and towns within the county serviced by this AGREEMENT and may contract for the personal services of consultants. 6. RECORDS AND DOCUMENTS The GRANTEE shall maintain books, records, documents and other evidence of accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by law, rule, regulation, or contract. The GRANTEE will retain all books, records, documents, and other materials relevant to this AGREEMENT for six years from the date of final payment, and make them available for inspection by persons authorized under this provision. 7. RIGHT OF INSPECTION The GRANTEE shall provide right of access to its facilities to the DEPARTMENT, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this AGREEMENT. 8. NONDISCRIMINATION During the perfoiniance of this AGREEMENT, 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. Page 2 of 6 s02-63000-199 In the event of the GRANTEE noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this AGREEMENT may be rescinded, canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further AGREEMENTS 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 the DISPUTES procedure set forth here in. 9. GRANTEE NOT EMPLOYEE OF THE DEPARTMENT The GRANTEE and his/her employees or agents performing under this AGREEMENT are not employees or agents of the DEPARTMENT. The GRANTEE will not hold himself/herself out as nor claim to be an office or employee of the DEPARTMENT or of the state of Washington by reason thereof, nor will the GRANTEE make any claim of right, privilege or benefit which would accrue to an employee under Chapter 41.06 RCW or Chapter 28B.16 RCW. 10. AGREEMENT AMENDMENTS The DEPARTMENT and the GRANTEE may, from time to time, request changes to this AGREEMENT. Any such changes that are mutually agreed upon by the DEPARTMENT and the GRANTEE shall be incorporated herein by written amendment to this AGREEMENT. It is mutually agreed and understood that no alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, shall not be binding. AGREEMENT amendments shall not be made which result in an extension of the CONTRACT period beyond June 30, 2003. 11. DISPUTES Except as otherwise provided in this AGREEMENT, 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 party mutually agreed 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. 12. TERMINATION OF AGREEMENT If, through any cause, the GRANTEE shall fail to fulfill in a timely and proper manner its obligations under this AGREEMENT, or if the GRANTEE shall violate any of its covenants, agreements or stipulations of this AGREEMENT, the DEPARTMENT shall thereupon have the right to terminate this AGREEMENT and withhold the remaining allocation if such default or violation is not corrected within twenty (20) days after written notice describing such default or violation is received by the GRANTEE' s representative. Page 3 of 6 s02-63000-199 Notwithstanding any provisions of this AGREEMENT, either party may terminate this AGREEMENT by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. Reimbursement for services performed by the GRANTEE, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination, shall be as the DEPARTMENT reasonably determines. 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 AGREEMENT and prior to normal completion, the DEPARTMENT may unilaterally reduce the scope of work and budget or terminate this AGREEMENT. 15. SPECIAL PROVISION The DEPARTMENT'S failure to insist upon the strict performance of any provision of this AGREEMENT or to exercise any right based upon breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this AGREEMENT. 16. HOLD HARMLESS It is understood and agreed that this AGREEMENT is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this AGREEMENT. Each party hereto agrees to be responsible and assumes liability for its own negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability. In the case of negligence of both the DEPARTMENT and the GRANTEE, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this AGREEMENT by a consultant through a personal services contract with the GRANTEE as permitted by paragraph 5 herein. Each contract between the GRANTEE and such consultant for services or activities utilizing funds provided in whole or in part by this AGREEMENT shall include a provision that the DEPARTMENT and the state of Washington are not liable for damages or claims from damages arising from any such consultant's performance. 17. GOVERNING LAW AND VENUE The AGREEMENT 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 AGREEMENT shall be the superior court of Thurston County, Washington. 18. SEVERABILITY Page 4 of 6 s02-63000-199 In the event any term or condition of this AGREEMENT or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, and applications of this AGREEMENT which can be given effect without the invalid teen, condition, or application. To this end the terms and conditions of this AGREEMENT are declared severable. 19. REDUCTION IN FUNDS The DEPARTMENT may unilaterally terminate all or part of this AGREEMENT, or may reduce its scope of work or budget under this AGREEMENT, if there is a reduction of funds by the source of those funds, and if such funds are the basis for this AGREEMENT. 20. RECAPTURE OF FUNDS In the event that the GRANTEE fails to expend state funds in accordance with state law or the provisions of this AGREEMENT, the DEPARTMENT reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed six (6) years following termination of the AGREEMENT. Repayment by the GRANTEE of state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its cost thereof, including reasonable attorney's fees. 21. ACKNOWLEDGEMENT OF STATE FUNDING A. The GRANTEE shall provide all project -related press releases to the DEPARTMENT. Press releases shall identify the DEPARTMENT as a project fmancier. B. Publication such as reports and pamphlets which are developed totally or in part with funds provided under this Agreement 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." 22. OWNERSHIP OF PROJECT MATERIALS A. All finished or unfinished documents, data, studies, surveys, drawings, models, photographs, films, duplicating plates, computer disks and reports prepared by the GRANTEE under this Agreement 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 Agreement. B. The GRANTEE must have prior approval of the DEPARTMENT 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 Agreement. The DEPARTMENT reserves the right to determine whether protection of inventions of discover shall be disposed of and administered in order to protect the public interest. Before the GRANTEE copyrights any materials Page 5 of 6 s02-63000-199 produced with funds under this Agreement, the DEPARTMENT reserves the right to negotiate a reasonable royalty fee and agreement. 23. ENTEtE AGREEMENT This AGREEMENT 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 AGREEMENT shall be deemed to exist or to bind any of the parties within 24. ADMINISTRATION A. The DEPARTMENT'S representative shall be Ted Gage, (360) 725-3049 B. The GRANTEE'S representative shall be Dan Valoff, (509) 575-6163 IN WITNESS WHEREOF, the DEPARTMENT and the GRANTEE have executed this AGREEMENT as of the date and year written below: DEPARTMENT OF COMMUNITY, TRADE CITY OF YAKIMA AND ECONOMIC DEVELOPMENT Steve Wells, Director Local Government Division Date:�- By'• •-•=''-7, Title: City Manager Date: 4/24/02 Federal Tax Identification Number Approved as to Form 91-6001293 _Melissa Burke -Cain Assistant Attorney General November 30, 2001 Date Page 6 of 6 CITY CONTRACT HO: , Q - , RESOLUTION HQ: ATTACHMENT: SCOPE OF WORK CITY OF YAKIMA CONTRACT s02-63000-199 The GRANTEE is responsible for the preparation of all contract deliverables set forth below. The process and product shall be substantially consistent with the GRANTEE' s grant application submitted to the Department for this round of funding and with the requirements of the Growth Management Act. Deliverables will be provided to the Department in electronic foiinat wherever possible. At the Department's or the GRANTEE's request, deliverables may be provided in paper format. All draft ordinances and resolutions developed by the GRANTEE in the completion of this AGREEMENT shall be submitted to the DEPARTMENT at least sixty (60) days prior to adoption. All ordinances and resolutions adopted by the GRANTEE in the completion of this AGREEMENT shall be submitted to the DEPARTMENT per RCW 36.70A.106. Project Description: • Review the City of Yakima's Critical Areas Ordinance to see if it incorporates the best available science and consideration for anadromous fisheries as required by RCW 36.70A.172. • Capital Facilities Plan update. • Transportation Plan update. • Population projections as it relates to the urban growth area. • Time permitting, citizen requests for amendments to the Future Land Use Map. Milestones: A tentative Comp Plan amendment schedule as follows: Nov. 01 — Jan. 02: Review plan, research, attend workshops Feb./March: Regional Planning Commission workshops April: Regional Planning Commission meetings on Population May: Regional Planning Commission meetings on Cntical Areas June: Regional Planning Commission meetings on Transportation July: Regional Planning Commission public hearings August: City Council public hearing September: City Council adopts Comprehensive Plan Amendments Deliverables: Adopt comprehensive plan amendments, and/or an adopted resolution indicating the Grantee's completion or progress and intent in meeting the GMA update requirement in September 2002. Resources: budget for update as in the grant application. Contracts $25,000 Goods & Services: $23,000 Travel/Training: $2,000 Status Reports: brief status report on or about March 15, 2002 indicating progress -to -date and describing how the FY 2002 work items will be completed by June 15, 2002; a report 011 or about January 15, 2003, only if the GRANTEE has not completed their project. Close -out -Report: brief report (500 words or less) describing project accomplishments when project as specified in the scope of work is completed but no later than June 1, 2003. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: February 5, 2002 ITEM TITLE: Consideration of a resolution authorizing the City Manager to execute an agreement for a $50,000 Growth Management Act Update grant from the Washington State Department of Community, Trade and Economic Development (CTED) SUBMITTED BY: ill Cook, Director of Community and Economic Development CONTACT: Bill Cook, 575-6113 SUMMARY EXPLANATION: The state Department of Community, Trade and Economic Development has been authorized under RCW 43.330.050(5) to provide assistance to local governments for the purpose of aiding orderly, productive, and coordinated development of the state. CTED also has the statutory responsibility under RCW 36.70A.190(1) to establish a program of financial assistance and incentives to counties, cities, and towns to encourage and facilitate the adoption and implementation of comprehensive plans and development regulations throughout the state. CTED has awarded the city a $50,000 grant to perform tasks related to maintaining compliance with the Growth Management Act (GMA) completed between July 2001 and June 30, 2003. Funds shall be used solely for activities undertaken to fulfill the mandates required by the Growth Management Act to implement the city's growth management strategy as described in ATTACHMENT: SCOPE OF WORK, which is included in the attached agreement. Resolution _X Ordinance Contract _ Other: Application for designation Funding Source: U.S. Department of Housing and Urban Development Approval for Submittal: --e-4 A- Citi City Manager STAFF RECOMMENDATION: Staff recommends approval of the resolution. BOARD RECOMMENDATION: COUNCIL ACTION: 1