HomeMy WebLinkAbout3663 RESOLUTION NO. 3 6 6 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE
OF GRANT FUNDS IN THE AMOUNT OF THIRTY THOUSAND
DOLLARS ($30,000.00), AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY AND THE STATE OF
WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND
ECONOMIC DEVELOPMENT TO IMPLEMENT THE CITY'S 2004
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, in May 2001 the City of Auburn adopted the "Auburn Downtown
Plan" which includes policies and recommended intended to foster and promote the
redevelopment of Downtown Auburn; and,
WHEREAS, one of the Auburn Downtown Plan's themes is the development of a
pedestrian oriented, compact and walkable downtown; and,
WHEREAS, Auburn Way is a high volume major arterial and commute route that
intersects with Main Street and bisects Downtown; and,
Resolution 3663
November 25, 2003
Page 1
WHEREAS, the Auburn Downtown Plan envisioned that improvements to the
streetscape and its intersection at Main Street would help unify Auburn Downtown; and
WHEREAS, a study of this intersection and street corridor would implement the
Comprehensive Plan an Downtown Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The Grant from the Washington State Department of Community,
Trade and Economic Development, to the City in the amount of thirty thousand dollars
($30,000.00), for the purposes of assisting in implementing the City's GMA update
effort, is hereby approved, and 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, which Agreement shall be substantially as set forth in the Exhibit "A,"
incorporated herein by reference.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out directions of the legislation.
Section 3. This Resolution shall be in full force and effect upon passage and
signatures hereon.
PASSED this
Resolution 3663
November 25, 2003
Page 2
day of ~"~- ,2003.
Peter B. Lewis
Mayor
ATTEST:
Da'l-Aelle Daskam,
City Clerk
City Attorney
Published:
Resolution 3663
November 25, 2003
Page 3
CONTRACT NO. S04-62600-064
WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
GROWTH MANAGEMENT SERVICES
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GRANTEE:
CITY OF AUBURN
25 WEST MAIN STREET
AUBURN, WASHINGTON 98001
GRANTEE REPRESENTATIVE:
NAME: DAVID OSAKI
PHONE: (253) 804-5034
FAX: (253) 804-3114
E-MAIL: dosaki~ci.aubum.wa.us
SOURCE OF STATE FUNDS:
(GROWTH MANAGEMENT SERVICES)
$30,000
2. AWARD DATE:
October 28, 2003
3. END DATE:
December 31, 2004
5. CTED REPRESENTATIVE:
NAME: IKE NWANKWO
PHONE: (360) 725-3056
FAX: (360) 753-2950
E-MAIL: iken~cted.wa.gov
7. GRANTEE TAX IDENTIFICATION NUMBER:
91-6001228
SUMMARY: To fund a study of the Auburn Way and Main Street intersection, as well as the Auburn
Way Streetscap extending north and south several blocks within Auburn Downtown to further the work
Auburn Downtown Plan
The DEPARTMENT and GRANTEE acknowledge and accept the terms of this CONTRACT and
attachments and have executed this CONTRACT as of the date and year written below. The rights and
obligations of both parties to this CONTRACT are governed by this CONTRACT and other documents
incorporated by reference: CONTRACT Terms and Conditions including Attachment "A," Work Plan and
Attachment "B," Budget.
FOR THE DEPARTMENT OF COMMUNITY
TRADE AND ECONOMIC DEVELOPMENT:
Nancy K. Ousley, Assist~n(~irector~x
Local Government Division
FOR THE CITY OF AUBURN:
Name PETER B. LEWIS
MAYOR
Title
December 1, 2003
DATE:
DATE:
APPROVED AS TO FORM ONLY:
Signature on file
Melissa Burke-Cain, Senior Counsel
Office of the Attorney General of Washington
DATE: October 20, 2003
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CONTRACT NO. S04-62600-064
CONTRACT TERMS & CONDITIONS
SECTION 1 - PREAMBLE
This CONTRACT, entered into by the City of Auburn, (hereinafter referred to as the GRANTEE) and the
Department of Community, Trade and Economic Development (hereinafter referred to as the DEPARTMENT),
WITNESSES 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
WHEREAS, the DEPARTMENT 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 the DEPARTMENT's Growth
Management Services Unit in accordance with its mission.
THEREFORE, the parties mutually agree to the following terms and conditions:
SECTION 2 - WORK PLAN
Over the course of the CONTRACT period, the GRANTEE 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 $30,000.
SECTION 4 - BUDGET
An approved budget by category of expenditure is included as Attachment "B" of this CONTRACT that is
incorporated 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 total project budget shall be subject to
justification and negotiation of a CONTRACT amendment by the GRANTEE and the DEPARTMENT.
SECTION 5 - CONTRACT PERIOD
The effective date of this CONTRACT shall be the date all parties sign and complete execution of the
CONTRACT. This CONTRACT shall terminate on December 31, 2004 except for any remaining
obligations of the GRANTEE as may exist under Section 7.
B. Costs to be reimbursed by the DEPARTMENT under this CONTRACT are those eligible costs incurred
during the performance of the CONTRACT work program on or after July 1, 2003.
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CONTRACT NO. S04-62600-064
SECTION 6 - REIMBURSEMENT PROVISIONS
A. Funds will be disbursed per the schedule established in Attachment "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 inctm'ed for work performed.
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The final invoice voucher covering costs incurred for work performed on or before December 31, 2004,
must be submitted by the GRANTEE prior to January 9, 2005 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
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The GRANTEE shall submit a brief semiannual 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."
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CONTRACT NO. S04-62600-064
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 DEPARTMENT may require a copy of the GRANTEE's most recent audit and management letter.
The DEPARTMENT may require the GRANTEE to obtain an audit for specific expenditures under this
CONTRACT. Costs of a required audit are an allowable expense.
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
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The DEPARTMENT or the GRANTEE may request changes to the CONTRACT or its provisions. It is
agreed and understood that no material or substantive alteration or variation of the terms of this
CONTRACT shall 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.
B. CONTRACT amendments shall not be made which result in an extension of the CONTRACT period
beyond June 30, 2005.
SECTION 12 - NONDISCRIMINATION CLAUSE
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 declared ineligible for further CONTRACTS 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 Section 20.
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CONTRACT NO. S04-62600-064
SECTION 13 - TERMINATION OF CONTRACT
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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; the
DEPARTMENT shall have the right to terminate this CONTRACT. The DEPARTMENT may withhold the
balance of state funding if such default or violation is not corrected within twenty (20) days after the
DEPARTMENT submits written notice to the GRANTEE describing such default or violation.
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 performed, and not otherwise paid for by the DEPARTMENT prior to
the effective date of such terminations, shall be as the DEPARTMENT reasonably determines.
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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 EMPLOYEE OF DEPARTMENT
The GRANTEE, its employees, or agents performing under this CONTRACT are not deemed to be employees
neither of the DEPARTMENT nor as agents of the DEPARTMENT in any manner whatsoever. 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 in absence of local policies, shall use a competitive procurement process.
Each CONTRACT that the GRANTEE enters into with subcontractors, creditors and others shall contain a
clause providing notice that the state and the DEPARTMENT 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.
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CONTRACT NO. S04-62600-064
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.
SECTION 17 -TRAVELAND SUBSISTENCE REIMBURSEMENT
Travel and subsistence reimbursement shall be made in accordance with the guidelines followed by the
GRANTEE in the course of normal operations. In the absence of local provisions, per diem rates and travel
allowances 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.
SECTION 18 - SPECIAL PROVISION
The DEPARTMENT'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 to defend, hold harmless, and indemnify the State of Washington and 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.
SECTION 20 - DISPUTE RESOLUTION
Except as otherwise provided in this CONTRACT, 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 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.
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CONTRACT NO. S04-62600-064
SECTION 21 - GOVERNING LAW AND VENUE
The CONTRACT 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
CONTRACT shall be the 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 term, condition, or application. To this end, the terms and conditions of
this CONTRACT are declared severable.
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 1 page(s); and
ATTACHMENT B: "Budget," consisting of 1 page(s).
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Grantee: City of Auburn
CONTRACT NO. S04-62600-064
ATTACHMENT A: WORK PLAN
Summary_: To fund a study of the Auburn Way and Main Street intersection, as well as the Auburn Way
Streetscap extending north and south several blocks within Auburn Downtown to further the work Auburn
Downtown Plan.
Estimated Completion Dates & Activities:
Goals/ Description Start End Date
Actions/ Date
Deliverables
Goal Auburn Way Corridor Study to Strengthen
Downtown Auburn
Action Develop contract with CTED/obtain City
Council approval ofinterlocal agreement with 10/1/03 12/15/03
CTED
Action Consultant Selection Process, negotiate scope 11/15/03 2/15/03
of work, execute contract
Action Consultant defines study area, inventories
existing conditions, conducts issues
2/28/04 4/15/04
identification, and identifies relationships to
Downtown Redevelopment Objectives
Action Draft Study and Preliminary
Recommendations regarding pedestrian, 4/1/04 6/15/04
traffic, and aesthetic improvements
Deliverable Preliminary Draft Study 7/15/04
Action Present Study to Planning Commission 7/15/04 9/1/04
Action Present Study to City Council 8/15/04 12/1/04
Deliverable Final Auburn Way Corridor Study 12/15/04
Deliverables: Preliminary Draft Study, Final Auburn Way Corridor Study
Status reports due by: December 15, 2003, June 15, 2004, and December 15, 2004
Products to be submitted by: December 15, 2004.
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ATTACHMENT B: BUDGET
The budget shall consist of the following elements:
CONTRACT NO. S04-62600-064
Category of Expenditure
SFY 2004 SFY 2005 Total
Salaries and Benefits
Goods and Supplies
Professional Services $20,000 $10,000 $30,000
Other Goods and
Services
Total $20,000 $10,000 $30,000
o
Budget Summary
SFY 2004 SFY 2005 Total
CTED Funds $20,000 $10,000 $30,000
Other Funds
Total $20,000 $10,000 $30,000
Payment Disbursement Schedule
Upon final signing of contract and before June 30, 2004: $10,000
After submission of first status report and before June 30, 2004: $10,000
After submission of second status report, after July 1, 2004 and before
December 31, 2004: $7,000
Upon completion of the contract, after July 1, 2004 and before December $3,000
31, 2004:
4. Special Budget Provisions
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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.
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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.
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A sum often (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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