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.
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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.
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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
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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
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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
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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