Loading...
HomeMy WebLinkAbout5626ORDINANCE NO. 5 6 2 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS IN THE AMOUNT OF THIRTY FIVE THOUSAND DOLLARS ($35,000.00), AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT AND THE CITY OF AUBURN TO ACCEPT SAID FUNDS TO ASSIST IN IMPLEMENTING THE CITY'S 2002 GMA UPDATE. WHEREAS, the City of Auburn is required to meet certain planning requirements pursuant to the Washington State Growth Management Act (GMA) (RCW Chapter 36.70A); and WHEREAS, the City of Auburn is undertaking a review and evaluation of the comprehensive plan and development regulations pursuant to RCW 36.70A.130(1); and, WHEREAS, the State of Washington has appropriated funds to assist local jurisdictions in the review and update of their GMA planning documents and implementing development regulations; and, WHEREAS the City of Auburn desires to update certain sensitive areas maps in the Auburn Comprehensive Plan; and, Ordinance No. 5626 January 9, 2002 Page 1 WHEREAS updating certain sensitive areas maps will among other items facilitate the identification and protection of said sensitive areas and support the development review process; and, WHEREAS, the Auburn City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Pursuant to Chapter 35A.33 RCW, the City hereby approves the expenditure and appropriation of a total amount of Thirty Five Thousand Dollars ($35,000.00) for the purposes of assisting in implementing the City's GMA update effort. Section 2. The Mayor and City Clerk of the City of Auburn are authorized to execute an Intergovernmental Agreement with the State of Washington Department of Community, Trade and Economic Development for the reimbursement of said funds. A copy of said Agreement is attached hereto and designated Exhibit "A" and is incorporated by reference herein. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out directions of the legislation. Ordinance No. 5626 January 9, 2002 Page 2 Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: Tamar= 22 9009 PASSED: January 22, 2002 APPROVED: January 22, 2002 i PETER B. LEWIS, MAYOR ATTEST: Danielle Daskam, City Clerk APPROVED AS TO FORM: City Attorney Published: /—aJF",zGVi Ordinance No. 5626 January 9, 2002 Page 3 INTERGOVERNMENTAL AGREEMENT WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT CONTRACT NUMBER: s02-63000-007 This AGREEMENT, entered into by and between the City of Auburn (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 thirty-five thousand dollars ($35,000). 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. Exhibit "A" Page 1 s02-63000-007 4. DISBURSEMENT/REIMBURSEMENT PROVISIONS 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 twelve thousand two hundred fifty dollars ($12,250). 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 five thousand two hundred fifty dollars ($5,250). 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 twelve thousand two hundred fifty dollars ($12,250). 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 five thousand two hundred fifty dollars ($5,250). 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 the 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 performance of this AGREEMENT, the GRANTEE shall comply with all federal and state nondiscrimination laws, including, but not limited to chapter 49.60 RCW, Page 2 of 6 s02-63000-007 Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq., the Americans with Disabilities Act. In the event of the GRANTEE noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this AGREEMENT maybe 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 Page 3 of 6 s02-63000-007 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. 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 Page 4 of 6 s02-63000-007 suit between the parties arising out of this AGREEMENT shall be the superior court of Thurston County, Washington. 18. SEVERABILITY 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 term, 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 financier. 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. Page 5 of 6 s02-63000-007 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 produced with funds under this Agreement, the DEPARTMENT reserves the right to negotiate a reasonable royalty fee and agreement. 23. ENTIRE 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 Ike Nwankwo, (360) 725-3056 B. The GRANTEE'S representative shall be David Osaki, (253) 804-5034 IN WITNESS WHEREOF, the DEPARTMENT and the GRANTEE have executed this AGREEMENT as of the date and year written below: DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT By: L&—&lz Steve Wells, Director Local Government Division Date: 2/-a Approved as to Form Melissa Burke -Cain Assistant Attorney General November 30, 2001 Date CITY OF AUBURN By: Peter B. Lewis Title: Mayor Date: January 22, 2002 Federal Tax Identification Number 1. Page 6 of 6 ATTACHMENT: SCOPE OF WORK CITY OF AUBURN CONTRACT s02-63000-007 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 format 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 day 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: Background/Context with GMA/Piaose: Auburn's GMA grant project involves updating its critical areas mapping and inventory. The City's existing critical areas maps contained in the comprehensive plan are approximately ten years old. In addition, areas annexed over the past decade also need to be accounted for in updated critical area maps. Since that time the existing maps were prepared, development projects and other studies have provided more specific information regarding critical areas and/or have resulted in changes to boundaries of critical areas in the Auburn area. Also, the City now has aerial photographs flown for two different time periods since the current critical area maps were last prepared that will be useful for critical area updating purposes. At a minimum, the GMA grant funds will be used to update our wetlands mapping given the predominance of this critical area in the Auburn Valley. Should funds still be available, the next priority will be an updated stream inventory and the preparation of related maps. After that, other critical areas such as steep slopes will be included in this effort on a funds available basis. How many critical areas are updated and mapped under this grant is dependent on the amount of the final OCD grant award and negotiations with the selected consultant. Updated critical areas maps prepared under this .grant will be incorporated into the City's GIS database and will used as a basis to amend the existing maps within the Auburn Comprehensive Plan. Goals/Objectives Principal Goals/Objectives • Update the City's Comprehensive Plan maps and GIS database • Facilitate and support the identification and protection of critical areas. Ordinance 5626 Attachment "A" Page 1 Ancillary Goals/Objectives Enable the City to better refine its buildable lands work. Updated critical areas mapping will allow the city to better account for critical areas impacts on buildable lands with less reliance on general assumptions. Support the development review process. Milestones: Following the city's negotiation of the Scope of Work with the Office of Community Development, the Auburn City Council acceptance of OCD funds/authorization to enter into a contract, and OCD's notice to proceed, the following steps are anticipated: Step 1 Consultant Selection Process • Select consultant. Timing: March 2002 Sten 2 Mapping Update Data Collection • Consultant research of existing critical area studies, development related studies, other special studies, aerial photographs and other information sources. • Review categories of critical areas (classifications). • Prepare preliminary map(s). Timing: March 2002 through September 2002 Step 3 Finalize Mappine • Prepare maps into digital electronic format. • Prepare and submit deliverables for OCD. • Close Out Contracts with Consultant and with OCD. Timing: June 2002 through December 31, 2002 [NOTE: There is some overlap between step 2 and 3 as some mapping in GIS format (step 3) can begin to occur while step 2 (data collection) is still on-going.] Deliverables: In addition to required status reports and close out reports (see below), the following deliverables will be provided to the State Office of Community Development (OCD) to demonstrate completion of the project: ■ Hard copies of updated Critical Areas Map(s) ■ Updated Critical Areas Map(s) in digital electronic format. Ordinance 5626 Attachment "A" Page 2 Resources: budget for update as in the grant application. First State Fiscal Year Julv 1. 2001 to June 30. 2002 Salaries/ Benefits (1) See note below Contracts $17,500 Goods and Services Travel Other (explain) TOTAL $17,500 (1) We would expect City staff time, such as monitoring the consultant's work and incorporating the information into the City's GIS layer, will be devoted to this effort but will not be billed against the GMA grant. Second State Fiscal Year — July 1. 2002 to June 30. 2003 Salaries/ Benefits (1) See note below. Contracts $17,500 Goods and Services Travel Other (explain) TOTAL $17,500 (1) We would expect City staff time will be devoted to this effort such as monitoring the consultant's work and incorporating the information into the City's GIS layer, but it will not be billed against the GMA grant. Status Report March 15, 2002 - The City will submit to OCD a brief status report on the progress to date on work activities and milestones including a description of the project's anticipated status as of June 15, 2002 and work items needed to be completed by the projected completion date of December 31, 2002. Close Out Report By December 31, 2002 - The City will submit to OCD a brief report (500 words or less) describing project accomplishments when project as specified in the scope of work is completed. ORD5626-Atachment A Ordinance 5626 Attachment "A" Page 3