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HomeMy WebLinkAboutR-2007-001 Washington State Department of Community Trade & Economic Development (CTED) ContractRESOLUTION NO. R-2007- 01 A RESOLUTION ratifying the Acting City Manager's execution of a contract between the City of Yakima and the Washington State Department of Community, Trade and Economic Development (CTED) accepting the terms and conditions for the receipt of a 2007 Regional Collaboration Competitive Grant. WHEREAS, the City of Yakima is required to update its development regulations to be consistent with our recently adopted 2006 Comprehensive Plan; and WHEREAS, the City of Yakima and Yakima County share a common zoning ordinance within the Yakima Urban Area that requires said updating; and Whereas the City of Yakima applied to CTED for a 2007 Regional Collaboration Competitive Grant in the sum of $40,000; and WHEREAS the City of Yakima applied for and was approved to receive this grant; and WHEREAS, the City Council deems it to be in the best interest of the City to contract with CTED to be eligible for the receipt of these grant monies, now, therefore, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Acting City Manager's execution of the attached and incorporated "Grant Contract" is hereby ratified. ADOPTED BY THE CITY COUNCIL this 9th day of nuary, 200 ATTEST: City Clerk DAVID D , Mayor CTED Contract Face Sheet v1.32 - 8/10/2005 Contract Number: R07-63200-404 Washington State Department of Community, Trade and Economic Development Local Government Division Growth Management Services 1. Contractor Name and Address City of Yakima 129 N 2nd Street Yakima, Washington 98901 2. Contractor Doing Business As (optional) 3. Contractor Representative Name: Bill Cook Phone: 509-575-6113 Fax: 509-576-6792 e-mail: bcook@ci.yakima.wa.us 4. CTED Representative Name: Lynn Kohn Phone: (360) 725-3042 Fax: e-mail: lynnk@cted.wa.gov 5. Contract Amount $40,000 6. Funding Source Federal: ❑ State: X Other: ❑ N/A: ❑ 7. Start Date 10/14/2006 8. End Date 06/30/2007 9. Federal Funds (as applicable) Federal Agency: CFDA Number: N/A N/A 10. Tax ID # 91-6001293 11. SWV # 12. UBI # 13. DUNS # 14. Contract Purpose To prepare and implement shared development regulations to govern new development in both the incorporated and unincorporated portions of the Yakima UGA. 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 Nancy K. Ousley Assistant Director SJt'tykl C f i Name (please print) -- C, art Date APPROVED AS TO FORM ONLY Signature on file Title /z -- .Z. 7 - O4 Date CITY CONTRAC r NO: 0R406 7-0 / Alan D. Copsey Assistant Attorney General August 10, 2006 RESOLUTION NO: R _ gas 7-6, I Date Page 1 of 11 JAN 0 2 2007 GROWTH MANAC,FMFatlr 427 CONTRACT NO. R07-63200-404 CONTRACT TERMS & CONDITIONS SECTION 1 - PREAMBLE This CONTRACT, entered into by 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), W I'1'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 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 WH1 P 1- A' the 1lGU A RTMENT has selected -1 +1- ('_D AT\TTEE t.. receive F.,.,,7„ .,.n,7 the (`_D ATTTE :.-.+,,ods + ,, the Fu .7. rr 11L1\.1.,1 11.), Luv �1 J LS. 11V1L1 V 1 11UJ Jl, ll,l'LI.0 Llll. VI J 1`4TEE LL LV receive V 1U11U. 0.11U U11+ V11I11tl 1 LL ULL1,11UJ to UJI. Llll. 1U11Ui to undertake a project which furthers the goals and objectives of the DEPARTMENT's Growth Management Services Uni. in accordance with its mission. TT D~DnTL, the pU1a1es mutually a 1%A„ to the following tern-1S0.1U conditions: SECTION 2 - WORK PLAN Over the course of the C ONTR ACC netted the GR ANTFF shall accomplish the activities described in Attachment "A": Work Plan that is incorporated into the CONTRACT by reference. SECTION 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 $40,0001. SECTION 4 - BUDGET A b aa_. i ` a r 1 expenditure = i 1 f1 1 A .1111,.:._ n13 1 L11I �'OI\I11 A CT that incorporated An approved l/l1llCNl V Y La1.6, 0111 V of is included as ALl,al�111111,11L LJ of L111J \i\Jltl 11\!1\.i 1 Lt1Q,L 1J 111E o1lJVla.Ll,l1 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 totalbudget (�h ll besubject to and 1 -t CONTRACT 1./ LLL Attachment Llle LOL 1 project Jllal justification 11U negotiation of a amendment by the GRANTEE and the DEPARTMENT. SECTION 5 - CONTRACT PERIOD7�1 A A. The effective date of this CONTRACT shall be the date all parties sign and con plete 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 DEPARTP✓IENT under this CONTRACT are those eligible costs incurred during the performance of the CONTRACT work program on or after October 14, 2006 and until the termination date in paragraph A of this section.. Page 2 of 11 427 CONTRACT NO. R07-63200-404 SECTION 6 - REIMBURSEMENT 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 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 DEPARTMENT 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 GRANTEE 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 8 - ACKNOWLEDGMENT OF STATE FUNDING The GRANTEE shall provide all project -related press releases to the DEPARTMENT. 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 DEPARTMENT so requires. Costs of a required audit are an allowable expense. Page 3 of 11 427 CONTRACT NO. R07-63200-404 SECTION 10 - RECAPTURE PROVISIONS 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 DEPARTMENT shall be entitled to its costs thereof, including reasonable attorney's fees. SECTION 11 - CONTRACT AMENDMENTS A. The DEPARTMENT or the GRANTEE may request changes to the CONTRACT or its provisions. It is agreed and understood material n substantive alteration o .,tion of the a,.......,.s of this CONTRACT ,.1_,.11 L.. uu.. that no uluwuul yr auUDLu iuvG a1LGiauo11 or variation V1 L11G terms of L111J lAJ1V 11\t1V 1 J11411 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. R ( YMTTT2 A('T amendments s1,a11 of be made which It t, o fthe CO TTR ACT 1 beyond . vvi i i._c iv a amendments shall not be 111aUG W 111611 rl.J'U1L 111 all extension t/1 U1G 'Ajit/ 11' ttk 1 1JG110U June Jin/, 2007. SECTION 12 - NONDISCRIMINATION CT.ATTSP 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 CONTRACT may be rescinded, canceled, or terminated in whole or in part, and the GRANTEE may be dec area ineligible f thit er r'1r1TTTp r7TS with the Tht1i A RTME.,TT The GRANTEE -hall however,„ b wv u 101 thither .Aj i1��V 113 VY�i Lll L11N LLA L-sis1 VLJ jN 1. 1116 J1lait; U 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 TERMINATION 1 1 1 1t/ CONTRACT 1 1 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 teiininate this CONTRACT. The DEPARTMENT may withhold the balance of state funding if such default or violation is not corrected within twenty (20) days s ater 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 work perfnrmed 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 11 427 CONTRACT NO. R07-63200-404 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 performing under this CONTRACT are not deemed to be officers or employees neither of the DEPARTMENT or the State of Washington. 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 15 - 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 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 DEPARTMENT and the State of Washington are not responsible for any legal obligation, financial or otherwise, incurred by the GRANTEE. The DEPARTMENT 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 - 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 11 427 CONTRACT NO. R07-63200-404 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://www.opn.wa.gov/resources/travel.asp. SECTION 18 - SPECIAL PROVISION The DEPAR'1'MENT'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 4w def011u, hold La111GJJ, and indemnify- 41G State of Washington aiu 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. SEC11\J1,4 21 - DLSPUTE \1 JCT- U 11'J1`4 Except as otherwise provided in this CONTRACT, when a bona fide dispute arises between the parties and it cannot he resnI p-1 thrnncrh rlieriissinn and neg,,tiatirin either party rr,ox, request a dispute hearing, The parties shall select o r issue ,.,.a. .--._+. ,..�__ .,,......,,s.,..f:_ �>....:::.�.�.., �:d�..:-�__, ..�_-._va party may avat uvvs a dispute aavaa is ef.,. -nv psur :.ay.3 shall .�vavv., ua.z�e,v 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 - APPLICABLE LAWS AND 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 telni, condition, or application. To this end, the teinis and conditions of this CONTRACT are declared se V erable. Page 6 of 11 427 CONTRACT NO. R07-63200-404 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 page(s); and ATTACHMENT B: "Budget," consisting of page(s). Page 7 of 11 427 ATTACHMENT A: WORK PLAN Grantee: City of Yakima CONTRACT NO. R07-63200-404 Summary: To prepare and implement shared development regulations to govern new development in both the incorporated and unincorporated portions of the Yakima UGA Estimated Completion Dates & Activities: Goals/ Actions/ Deliverables Description Start Date End Date Goal 1.0 j Update the Yakima Urban Area Zoning Code in accordance with the provisions of the 2006 updates to the City and County Comprehensive Plans. Action 1.1 Identify and prioritize potential revisions m accordance with the provisions of the updated City Comprehensive Plan and recent planning experiences. i 1 10/15/2006 1 11/15/2006 Action 1.2 Identify and prioritize potential revisions in accordance with the provisions of the -updated'.UL«tY Comprehensive Plan and recent planning experiences. 1 0/1 5/2006 1 / 1✓/LVV 11/ 1J/L 1 1 /1 5/2006 Action 1.3 Coordinate a collaborative City/County prioritization and reach consensus on the scope of the desired revisions. 11/15/2006 12/31/2006 Action 1.4 Research and prepare a City/County Staff review draft. 1/1/2007 4/30/2007 Action 1.5 Prepare City/County Staff directed revisions to the proposed draft. 5/1/2007 5/15/2007 Action 1.6 Present the staff recommended draft to the Regional Planning Commission RPC for public review and comment. 5/150007 6/150007 Action 1.7 Present the RPC recommended draft to CTED for review and comment. 5/15/2007 6/15/2007 Action 1.8 Finalize the RPC recommended draft for review and approval by the City of Yakima and City Council and the Yakima County Board of County Commissioners. 5/15/2007 6/15/2007 Deliverable 1.9 Staff review draft of proposed revisions to the Yakima urban Area Zoning Code. 10/15/2006 4/30/2007 Deliverable 2.0 RPC review draft of proposed revisions to the Yakima Area Zoning Code. 5/1/2007 5/15/2007 Deliverable 2.1 Public Review draft of proposed revisions to the Yakima Urban Area Zoning Code. 5/1/2007 6/15/2007 Deliverable 2.2 State agency review draft of proposed revisions to the Yakima Urban Area Zoning Code. 5/1/2007 6/15/2007 Deliverable 2.3 City Council and Board of County Commissioner review draft of the Yakima Urban Area Zoning Code. 5/1/2007 6/15/2007 Page 8 of 11 427 CONTRACT NO. R07-63200-404 StttliQ Rae,nrts Tina By: 12/15/2006 6/15/2007 Page 10of11 427 CONTRACT NO. R07-63200-404 ATTACHMENT B: BUDGET The budget shall consist of the following elements: 1. Category of Expenditure 2. Budget Summary SFY 2006 Upon final signing of contract and before June 30, 2007 SFY 2007 20,000 Total Salaries and Benefits $ 0 $ 12,000 $ 12,000 Goods and Supplies $ 0 $ 0 $ 0 Professional Services $ 0 $ 40,000 $ 40,000 Other Goods and Services $ 0 $ 0 $ 0 Total $ 0 $ 52,000 $ 52,000 2. Budget Summary 3. Payment Disbursement Schedule SFY 2006 Upon final signing of contract and before June 30, 2007 SFY 2007 20,000 Total CTED Funds $ 0 $ 40,000 $ 40,000 Other Funds $ 0 $ 12,000 $ 12,000 Total $ 0 $ 52,000 $ 52,000 3. Payment Disbursement Schedule 4. 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 GRANTEE and the DEPARTMENT. 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 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. Page 11 of 11 427 Amount Upon final signing of contract and before June 30, 2007 $ 20,000 After submission of first status report and before June 30, 2007 $ 16,000 Upon completion of the contract and before June 30, 2007 $ 4,000 4. 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 GRANTEE and the DEPARTMENT. 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 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. Page 11 of 11 427 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7 For Meeting Of January 9, 2007 ITEM TITLE: A Resolution Ratifying the Acting City Manager's Execution of a Contract between the City of Yakima and the Washington State Department of Community, Trade and Economic Development (CTED) for their 2007 Regional Collaboration Competitive Grants SUBMITTED BY:iam R. Cook, Director of Community & Economic Development CONTACT PERSON / TELEPHONE: Bruce Benson, Supervising Planner, 575-6042 SUMMARY EXPLANATION: Last year the City of Yakima submitted an application for a $40,000 grant from CTED. This grant program was established by CTED to promote collaborative planning efforts between jurisdictions. Due to the collaborative requirement of this grant we partnered with Yakima County in submitting a joint application. The City and County share a predominately common zoning ordinance within the Yakima Urban Area and CTED reasoned that a continuance of this type of joint planning effort was worthy of funding. This grant money will be utilized to partially fund the updating of our joint City/County development regulations. CTED submitted the grant contract and it was signed on behalf of the City of Yakima by Dave Zabie, Acting City Manager. You are now being requested to ratify this contract by adopting the resolution herewith submitted. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Phone: Funding Source �--� APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution ratifying contract. BOARD/COMMISSION RECOMMENDATION: N/A COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2007-01