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5.250 Original Contract
CONTRACT NUMBER: s98- 166 -014 5.cQ 0 [E i NOV 1 81997 PORT ANGELES INTERGOVERNMENTAL AGREEMENT PLANNING DEPARTMENT WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT This AGREEMENT, entered into, by, and between the City of Port Angeles (hereinafter referred to as the CITY) 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 43.63A.065 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; cil i� 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 CITY 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 CITY, for the agreement period shall not exceed Thirty -nine thousand three hundred forty -two dollars ($39,342.00) 2. AGREEMENT PERIOD The effective date of this AGREEMENT shall be July 1, 1997. The termination date shall be June 30, 1999. 3. SERVICE PROVISIONS Funds provided to the CITY under this AGREEMENT shall be used solely for activities undertaken to fulfill the requirements of the Growth Management Act and to implement the CITY'S growth management strategy as described in ATTACHMENT: SCOPE OF WORK, which, by this reference, is made a part of this AGREEMENT. i 4. REIMBURSEMENT PROVISIONS The CITY shall submit an invoice voucher (Form A -19) to the DEPARTMENT upon signing this AGREEMENT for an amount equal to no more than twenty -five percent (25 of the total amount of funds specified in this AGREEMENT. No later than June 1, 1998, the CITY shall submit an invoice voucher to the DEPARTMENT for an amount equal to no more than twenty -five percent (25 of the funds specified in this AGREEMENT. On or after July 1, 1998, the CITY shall submit an invoice voucher for an amount equal to no more than twenty -five percent (25 of the total amount of funds specified in this AGREEMENT. Upon completion of the entire scope of work, but no later than June 1, 1999, the CITY shall submit an invoice voucher for the remaining twenty -five percent (25 of the funds specified in this AGREEMENT. Any funds apportioned to be distributed no later than June 1 of each year and not requested by the CITY, or if requested and not approved for disbursement by the DEPARTMENT, shall be forfeited by the CITY. 5. EVALUATION AND MONITORING The DEPARTMENT or the State Auditor and any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CITY'S records with respect to all matters covered in this AGREEMENT. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this AGREEMENT. Such rights last for six years from the date final payment is made hereunder. 6. EMPLOYMENT PROVISIONS There shall be no discrimination against any employee who is paid by the funds indicated in the AGREEMENT or against any applicant for such employment because of race, religion, color, sex, age, handicap, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay -off or termination, rates of pay or other forms of compensation, and selection for training. 7. AGREEMENT MODIFICATIONS The DEPARTMENT and the CITY may, from time to time, request changes to this AGREEMENT. Any such changes that are mutually agreed upon by the DEPARTMENT and the CITY 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. 8. DISPUTES 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 CITY, 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. 9. TERMINATION OF AGREEMENT A. If, through any cause, the CITY shall fail to fulfill in a timely and proper manner its obligations under this AGREEMENT, or if the CITY 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 submitting written notice to the CITY describing such default or violation. B. 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 CITY, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination, shall be as the DEPARTMENT reasonably determines. 10. 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. 11. AMERICANS WITH DISABILITIES ACT The DEPARTMENT and the CITY agree to comply with all the provisions of the Americans with Disabilities Act, Public Law 101 -336, 28 CFR Part 35, and all regulations interpreting of enforcing such act. 12. HOLD HARMLESS A. 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 CITY, 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. B. This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this AGREEMENT. Each contract 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 subcontractor's performance or activities under the terms of the contracts. 13. GOVERNING LAW AND VENUE The AGREEMENT shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this AGREEMENT shall be the superior court of Thurston County, Washington. 14. 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. 15. RECAPTURE PROVISION A. In the event that the CITY 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. B. Such right of recapture shall exist for a period not to exceed three (3) years following termination of the AGREEMENT. Repayment by the CITY 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. 16. 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. 17. ADMINISTRATION A. The DEPARTMENT'S representative shall be Mr. Ted Gage. B. The CITY'S representative shall be Mr. Brad Collins. IN WITNESS WHEREOF, the DEPARTMENT and the CITY have executed this AGREEMENT as of the date and year written below: 4,,,,,e/zig Stephq'n R. Wells, Assistant Director Department of Community, Trade, and Economic Development Date: i( APPROVED AS TO FORM: TOMMY PRUD'HOMME Assistant Attorney General Date: January 4. 1996 ATTACHMENT: SCOPE OF WORK Clallam County Region 1997 -99 Growth Management Strategy The following letter, signed by Mr. Brad Collins, City of Port Angeles Planning Director, and dated September 15, 1997, comprises the scope of work for the purposes of this agreement. IL_ NI PLANNING September 15, 1997 Dear Nick: Sincerely, Brad Collins, Planning Director CITY OF PORT ANGELES 321 East Fifth Street, PO Box 1150 Port Angeles, Washington 98362 -1150 Nick Turnbull Community, Trade and Economic Development Growth Management Division PO Box 48300 Olympia, WA 98504 -8300 RE: 1997 -99 Growth Management Incentive Grants cc: Ande K. Grahn, Sequim Associate Planner Richard W. James, Clallam County Senior Planner Rod Fleck, Forks City Attorney and Planner Phone (360) 417 -4755 TTY Phone (360) 417 -4645 Fax (360) 417 -4609 e -mail paplan @olympus.net Enclosed are the hard copies of the GMA grant applications /scopes of work for the 1997 -99 Biennium for the Cities of Port Angeles, Sequim, Forks, and Clallam County. A copy was also faxed to your office today as well. Our allocation formula for distributing the GMA funds was sent to your office on August 26, 1997. If you have any questions about any of the grant applications /scopes of work, please contact me at (360) 417 -4751 or Sue Roberds at (360) 417 -4750. Thank you. 1997 -1999 GROWTH MANAGEMENT ACT INCENTIVE GRANT SCOPE OF WORK Jurisdiction: City of Port Angles Contact Name: Brad Collins, Planning Director Address: PO Box 1150, Port Angeles, WA 98362 Phone: (360) 417 -4750 Fax: (360) 417 -4609 Type of Proiect x Improvements or updates to adopted plans and development regulations Affordable housing inventory, strategy or incentives x Sustainable economic development strategy x Urban Growth Area (UGA) joint planning studies and agreements Incentives and strategies for infill development Subarea plans x Functional plans, especially water, to implement local comprehensive plans Monitoring the local comprehensive plan to see how it is working Geographic data for land -use information x Other Annexation planning within the Urban Growth Area Proiect Description During the 1995 -97 Biennium, the City of Port Angeles and Clallam County used their GMA Incentive Grant funds to conduct an annexation study of the Port Angeles Urban Growth Area (PAUGA) east of the City. The study consisted of three phases: I) a cost- revenue analysis of existing and future services to the area, II) an interlocal agreement on how to deal with services delivery and transition, and III) a public education process. This study is just being completed and leaves much of the work to implement the study still to be done. Although the study was jointly funded by the City and the County, the County is going to be directing its !997 -99 GMA funds to other programs (see Clallam County's proposed scope of work) and will participating with the implementation work through funding other than GMA. The eastern PAUGA contains much of the vacant developable commercial land and a large portion of the vacant developable residential land within the urban service delivery area of Port Angeles. Increased urban development has been occurring in this area and services are needed for concurrency. While comprehensive water and sewer plans of the City have included the area, policies prevent capital improvement plans from reaching more detailed design phases. Those same policies are making it difficult to continue approving development in the area without some resolution of how and when services will be delivered. The transition of UGA development from rural to urban delivery systems was explored by the previous annexation study, and the proposed scope of work is intended to facilitate action on those policies and urban service transition before the problems become greater. The City of Port Angeles intends to direct its 1997 -99 GMA funds to the implementation of the joint annexation study. It is anticipated that following the conclusion of the study, the City will contract for services from a professional individual and /or firm to do the necessary work to follow up interlocal agreements between service delivery jurisdictions and to facilitate a public education process. The expected work products will primarily be decisions on shared revenues and capital planning between the City, the County, the Public Utility District, and the Fire District, which provide services to the area, and a public decision on whether some or all of the area may be annexed to the City of Port Angeles within the biennium time period. Maior Stens /Schedule Major Task Determine whether and how tax revenues will be shared before and after annexation takes place Implement a public education process, facilitate meetings, and prepare and distribute information Determine public interest in urban services and annexation within the eastern PAUGA Proiect Budeet Amount of CTED funds Amount of City funds (staff salaries) Other sources (County/PUD staff salaries) Total Deliverable Product/Date Shared Revenue Agreement/ June, 1998 Process Description and Report/ June, 1998 Annexation Petition or Vote/ June, 1999 11,409 6,000 6,000 $23,409 Staffing Consultant, City, and County Contract City Employee City and County DIRECTOR, BOB MARTIN BUILDING DIVISION/FIRE MARSHAL awnzoNMENTAL HEALTHDMSION PLANNING DIVISION/WATER QUALITY Nick Turnbull Community, Trade and Economic Development Growth management Division PO BOX 48300 Olympia, WA 98504 -8300 Dear Mr. Turnbull, Sincerely, Richard W. James Clallam County Senior Planner September 9, 1997 CLALLAM COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT CLALLAM COUNTY COURTHOUSE 223 EAST FoURTH STREET PORT ANGELES, WA 98362 -3098 (360) 417 -2000, FAX (360) 417 -2443 Enclosed is Clallam County's Scope of Work for the GMA Incentive Grant for the 1997 -1999 Biennium and the Incentive Grant Status Report for 1997. The use of GMA grant funding to implement the proposed Transfer of Development Rights Program would accomplish a major goal of our GMA Comprehensive Plan adopted in 1995. The proposed low cost, revolving loan program for farmers considering development of a Agricultural Retention subdivision of their property would address the concerns of local farmers that lack initial financing and expertise in the subdivision design and permit approval phase of their project. The City of Port Angeles will continue to serve as a pass through agency for our GMA funding and copies of the enclosed materials will also be forwarded to you by the City of Port Angeles zr;Ysizio Jurisdiction: Clallam County Work Program Develop zoning needed to implement a TDR receiving zone Investigate the feasibility of a revolving loan program for Clallam County farmers interested in Agricultural Retention Development. Incentive Grant Scope of Work FY 1998 Contact Person: Rich James, Senior Planner 223 E, 4th Street, Port Angeles, WA 98362 (360)- 417 -2290 Fax 417 -2443 Type of Project Objective Number 1 is development of a program for transfer of development rights from agricultural resource lands of long term commercial significance into receiving areas located in urban growth areas. Objective Number 2 is development of a low cost revolving loan program to aid the fmance of the subdivision design and permit approval process for Agricultural Retention developments. Proiect Description Clallam County Staff TDR Zones 12/97 Develop a method for tracking and recording Consultant/County Staff development right transfers. County Staff /Consultant Report on feasibility 12/97 If the loan program is feasible, implement the Consultant Develop program. revolving loan program 6/98 Clallam County has designated 6,200 acres of agricultural resource lands of long term commercial significance. The newly proposed Agricultural Retention Zone would require that most of the residential lots that could have been developed on -site under prior zoning designations be transferred out of the Agricultural Retention Zone. The goal of this project would be to designate receiving areas, create and implement appropriate zoning categories for the receiving areas which will allow one density by right and a higher density if development rights are transferred to the site, and to create a recording and tracking mechanism for the transfer of development rights. In a related project, Clallam County will investigate the feasibility of a low cost revolving loan fund for agricultural land owners that would aid fmance of initial project development costs as well as the costs involved in the subdivision and permit approval process for Agricultural Retention developments. Loans would be repaid to Clallam County at the time of initial lot sales. If the project is feasible and legal, the County will take action to implement the revolving loan program before July of 1999. Maior Stens /Schedule Staffing Deliverable/Date TDR Tracking System 3/98 Proiect Budget Clallam County GMA Funds $16,624 In -kind funds $8,000 Other sources Total $24,624 Jurisdiction: Clallam County Incentive Grant Status Report FY 1997 Contact Person: Rich James, Senior Planner 223 E, 4th Street, Port Angeles, WA 98362 Objective Number 1 was the preparation of an annexation study in coordination with the City of Port Angeles in order to address the delivery of urban services in the Port Angeles Urban Growth Area. The status of the project is that the contractor has delivered a draft analysis of the cost of providing urban services to a large portion of the Port Angeles UGA. This report is under review and will be revised. Future phases of the project will begin after finalization of the annexation report. Objective Number 2 involved updating the County's development regulations to make them consistent with the comprehensive plan. The status of the work products is as follows: The Clallam County Critical Areas Code has been revised and has been the subject of several Board of Commissioner worksessions. The Commissions have decided to include floodplain management issues within the critical areas code and the code is currently being revised to include these new issues. The Clallam County Critical Areas Code will be scheduled for hearings in early 1998. The Clallam County Open Space Tax Code was revised and adopted in 1997. The Clallam County Environmental Code was revised to reflect regulatory reform and has been reviewed by the Planning Commission and the Board of Clallam County Commissioners. The revised ordinance is awaiting final commissioner approval. The Clallam County Shoreline Code was revised to reflect regulatory reform and legislative changes and has been reviewed by the Planning Commission and the Board of Clallam County Commissioners. The revised ordinance is awaiting final commissioner approval. The Floodplain Management Code is being integrated into the Critical Areas Code as discussed above. Various codes have been amended to reflect Clallam County's implementation of a hearing examiner system. The Shoreline and Sensitive Areas Committee has been disbanded and its duties transferred to the hearing examiner. Clallam County has developed an interlocal agreement jointly with the City of Sequim regarding improvement standards, subdivision standards and service provision within the unincorporated urban growth area. This interlocal will be the subject of addition hearings at the County Commission level in September and should be adopted before November. This agreement could form the basis for similar negotiations with the cities of Forks and Port Angeles. co 9s SE 4 W•A•S• September 10, 1997 Ms. Sue Roberds, Planning Specialist City of Port Angeles Planning Department 321 East Fifth Street Port Angeles, WA 98362 Dear Sue, Attached please find the City of Sequim 1997 -1998 Biennium DCTED GMA Report, Attachment C. Please do not hesitate to contact us directly at 360 -379 -8151 if you require any further information, or if our department can be of further assistance in preparing this report. Sincerely, _.,,,-,,a(_. 9 Ande K. Grahn Associate Planner cc: Lonna Muirhead, City Clerk/Treasurer File 152 West Cedar Street Sequim, Washington 98382 -3317 Area Code 360 City Hall: 683 -4139 FAx 681 -3448 Public Works. 683 -4908 FAx 681 -0552 ATTACHMENT C SCOPE OF WORK Jurisdiction: The City of Sequim Contact Name: Richard M. Sevier, AICP, Planning Director Address: 152 West Cedar Street, Sequim, WA 98382 -3317 Phone: 360 -683 -4908 Fax: 360 -681 -0552 Type of Pro'tet Please identify type of GMA work/project to be accomplished by checking the appropriate box(es). 21 Improvements or updates to adopted plans and development regulations Affordable housing inventory, strategy or incentives Sustainable economic development strategy H Urban Growth Area (UGA) joint planning studies and agreements Incentives and strategies for infill development Ed Subarea plans H Functional plans, especially, water, to implement local comprehensive plans Monitoring the local comprehensive plan to see how it is working H Geographic data for land -use information O Other Project Description Please describe the GMA work/project you identified above, along with the expected products, i.e. "deliverables (Project description sheets attached) City of Sequim 1997 -1998 Biennium DCTED GMA Report Page 1 of 4 Project Descriptions H Improvements or updates to adopted plans and development regulations The City of Sequim is revising development regulations to fully implement the Comprehensive Plan. Revisions include revisions and replacements to Title 18 Zoning, SMC, including adoption of zoning designations, and an Official Zoning Map consistent with the Comprehensive Plan: Revision to the Planned Unit Development Chapter of Title 18, SMC, and all of Title 17 Subdivisions, SMC, which will more clearly define standards and requirements for development consistent with the Comprehensive Plan, including adoption of flexible lot subdivision standards, and processes for approving phased developments will more fully implement the goals and policies of the Comprehensive Plan. In addition, revisions to Title 20 Land Development Administrative Procedures, SMC and Title 16, Environment, SMC, will ensure that these regulations are consistent with the Comprehensive Plan and State law. Urban Growth Area (UGA) joint planning studies and agreements The City of Sequim and Clallam County are continuing work on an interlocal agreement required by the Sequim Comprehensive Plan which addresses, among other issues: cooperative review of land development applications within the UGA; requirements for connections to City utilities; provisions for notice to title to preserve urban development options for projects subdividing at less than urban densities with the UGA; and resolution of the existing Growth Hearings Board Appeal issues. H Subarea plans The City of Sequim has prepared a draft Downtown Streetscape Improvement Plan, which will be considered for adoption and implementation. The Streetscape Plan helps to implement Comprehensive Plan goals and policies relating to the Downtown Subarea, and to mitigate the impacts of the Highway 101 Bypass construction project, by addressing downtown revitalization issues. City of Sequim 1997 -1998 Biennium DCTED GMA Report Page 2 of 4 El Functional plans, especially, water, to implement local comprehensive plans The City will monitor on -going data collection relevant to potential modifications to the 1996 Comprehensive Water Plan. In addtion the City is completing a Master Park Plan for Carrie Blake Park, and will begin a Parks and Recreation Plan for the entire community, as required by the Comprehensive Plan. RI Geographic data for Iand•use information The City will begin data gathering for the construction of a Planing and Public Works database designed to track permitting, including monitoring of SEPA conditions, recordation of delineated critical areas, and tracking permit conditions. City of Sequim 1997 -1998 Biennium DCTED GMA Report Page 3 of 4 PROJECT Improvements or updates adopted plans and development regulations Urban Growth Area (UGA) joint planning studies and agreements Subarea plans Functional plans, especially, water, to implement local comprehensive plans Geographic data for land -use information Amount of CTED funds Other sources Total f' TASK to Adoption of Title 20 Land Development Administrative Procedures (Reg Reform) Revisions to Title 18 Zoning Revisions to Title 17. Subdivisions Revisions to Title 16: Environment Interlaced Agreement to implement cooperative review of land use application within the UGA Service Extension Review Process (SERP) Agreement for City and UGA Downtown Streetscape Plan Carrie Blake Park Master Plan Parks and Recreation Plan Monitoring of data to ensure that the 1996 Comprehensive Water Plans goals are being meet. Build a database for project permitting and tracking Amount of local jurisdiction's funds (including "in- kind" or "soft match Major Steps /Schedule i DELIVERABLE Ordinance adopting Chapter 20.00, Land Development Administrative Procedures Ordinance repealing, revising and replacing Portions of Title 18 Zonlnq Ordinance replacing and revising Title 17 Subdivisions Ordinance revising and re- organizing Title 16 Environment Interlocal Agreement Ordinance and M.O.U. Streetscape Design Standards Final Came Blake Park Master Plan Draft Parks and Recreation Plan Analysis of Monitoring Data revisions to Water Comp Plan Data collection on delineated critical areas, location of utilities, and permitted projects Project Budget 6,294.72 6,294.72 Unknown at this time. TIMEUNE Adopted Spring 1997 Draft 6/97 Adoption: Fall 97 Draft Fall 97 Adoption Dec 97 Draft Nov 97 Adopt Winter 98 Draft Spring 1997 Adoption Fall 1997 Draft Spring 97 Adoption Fall 1997 Draft August 97 Implementation Ongoing through 1998 Adopted Summer 1997 Draft Summer 1998 Draft Revisions Summer 1998 Summer 1998 City of Sequim 1997 -1998 Biennium DCTED GMA Report Page 4 of 4 I STAFFING Staff and Consultants Staff and Consultants Staff and Consultants Staff and Consultants Staff and Consultants Staff and Consultants Staff and Consultants Staff and Consultants Staff and Consultants Staff Staff Ongoing projects funded from the General Fund, permit fees, departmental budgets, Public Works Trust Funds, etc. 09/15/97 14:12 %2206 374 9430 CITY OF FORKS OF F04 Mx. Brad Collins Planning Director, City of Port Angeles 321 East 5th Street P.O. Box 1150 Port Angeles, WA 98362 RE: GMA Grant Funds Dear Brad: P.O. BOX 1998 500 E. DIVISION FORKS, WA 98331 1998 (360) 374 -5412 Fax: (360) 374 -9430 E -Mail: ctyforks @olypen.com 15 Sep 1997 Please forgive the fact that I am faxing this to you at the very last minute. Unfortunately, After Tuesday of last week I was out of town for various meetings. I apologize for that. With this being the last grant that will come from L i for GMA planning, the City is interested in doing three things with the funds. First, we will finalize our zoning code and an accompanying set of development regulations by the end of March 1998. The Forks Zoning Code is currently being reviewed by the State pursuant to GMA and should be before our City Council in November. Second, the City will work with Clallam County to draft and adopt an agreement regarding how development and utilities will be accommodated in the unincorporated portions of the Forks Urban Growth Area. After discussing this with Rich James, we believe that we complete this project in late 1998 or early 1999. Third, and finally, the City will participate to some degree in the County's GIS program that involves the paying of a set of contractors to locate the Section corners and centers of the sections of T 28 N. We will only be able to contribute a small sum to this project. However, we believe that it is of such value to the future of planning in our region, that our assistance and support would be greatly welcomed by Clallam County. I hope that this helps in explaining how we will utilize the last GMA funds we will be receiving from the State. If you still have any questions, please do not hesitate to contact me. Sincerel ck City Att ey /Planner Post -it'" Fax Note y11 14669 7671 11A- 15 I;Ples From i ?It SQ41a Co I Pnone 3tof) �a`f 4001 INTERGOVERNMENTAL AGREEMENT GROWTH MANAGEMENT ACT FINANCIAL ASSISTANCE PROGRAM 1995 -97 THIS AGREEMENT entered into by and between the City of Port Angeles (hereinafter referred to as "Port Angeles the City of Sequim (hereinafter referred to as "Sequim the City of Forks (hereinafter referred to as "Forks and Clallam County witnesses that: WHEREAS, Clallam County and the cities located within it are mandated to plan in compliance with SHB 2929 (Washington's Growth Management Act, Chapter 17, Laws of 1990), which directs the Department of Community Development (hereinafter referred to as the "Department to establish a program of financial assistance to facilitate the adoption and implementation of comprehensive development regulations throughout the State; and WHEREAS, the parties to this Agreement have designated Port Angeles as the contact and fiscal agent for Growth Management Act financial assistance from the State to Clallam County, Port Angeles, Sequim, and Forks, and WHEREAS, the Department and Port Angeles are entering into an agreement whereby Port Angeles will perform certain tasks related to the proper administration of State Growth Management Act funds being provided to Clallam County, Port Angeles, Sequim, and Forks; and WHEREAS, the parties desire to set forth their respective responsibilities for properly spending and accounting for their own share of said funds. 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 reimbursed from the Department and to be administered by Port Angeles are expected to not exceed $59,141. Of this total, it is anticipated that the respective shares of the parties hereto shall be as follows for the funding cycle 1995 -96: Clallam County $11,102.50 Port Angeles 7,833.55 Sequim 4,564.60 Forks 1704.35 $27,205.00 Funding Cycle 1996 -1997: Clallam County $13,468.00 Port Angeles 9,300.16 Sequim 5,132.32 Forks 4.035.52 $31,936.00 2. Service Provisions. Port Angeles agrees to perform the contract requirements of the Department in evaluating, monitoring, and reporting with regard to the expenditure of said funds, as set forth in Contract No. 1- 94- 150004 as entered into between the Department and Port Angeles, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by this reference. Port Angeles also agrees to remit to Clallam County, Sequim, and Forks their respective shares of said funds within ten (10) days after receiving said funds from the Department. Clallam County, Sequim, and Forks agree to use funds provided to them pursuant to the contract set forth in Exhibit "A" solely for activities undertaken to fulfill the requirements of the Growth Management Act and to implement the regional growth manage -ment strategy as described in the Attachment: Scope of Work, which is part of Exhibit "A Clallam County, Sequim, and Forks also agree to cooperate with the City in submitting necessary and appro -priate accounting and reporting documents and requesting and veri-fying expenditure of such funds and to cooperate with the Depart-ment by allowing the Department or the State Auditor and any of their representatives to have full access to and the right to examine during normal business hours and as often as the Department or the State Auditor may deem necessary, all records with respect to all matters covered in Exhibit "A" and to permit such representatives to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by Exhibit "A such rights to last for three (3) years from the date final payment is made. Clallam County, Sequim, and Forks also agree to comply with the employment provisions set forth in Exhibit "A 3. Hold Harmless (a) 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 -2- liability. In the case of negligence of more than one party hereto, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each such 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. (b) This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities and requirements under this Agreement. The parties also agree that the Department and the State of Washington are not liable for damages or claims for damages arising from any party's performance or activities under the terms of this Agreement. 4. Governine Law and Venue. This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Clallam County, Washington; provided, however, that venue of any suit between the parties and the Department arising out of this Agreement and /or the contract set forth in Exhibit "A" shall be the Superior Court of Thurston County, Washington. 5. Severabilitv. 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 or 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. 6. Recapture Provision (a) In the event that Clallam County, Sequim, or Forks fails to expend State funds in accordance with State law and /or the provisions of this Agreement and /or the provisions of the contract set forth in Exhibit "A Port Angeles reserves the right to recap -ture State funds in an amount equivalent to the extent of non compliance (b) Such right of recapture shall exist for a period not to exceed three (3) years following termination of the Agreement Repayment by any of the parties of State funds under this recapture provision shall occur within thirty (30) days of demand In the event that Port Angeles is required to institute legal proceedings to enforce the recapture provision, Port Angeles shall be entitled to its costs thereof, including reasonable attorney's fees. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written below Date of Execution. Date of Execution. Date of Execution. Date of Execution: Attachment. Exhibit "A" CITY OF PORT ANGELES w iayor Joan K. Sargin CITY OF SEQUIM Mayor Bill Thomas CITY OF FORKS Mayor Phil Arbeiter CLALLAM COUNTY Chair Dorothy Duncan written below. Date of Execution: Date of Execution: f1/2 i< /7Z Date of Execution. Date of Execution: Attachment: Exhibit "A" IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year CITY OF PORT ANGELES Mayor Joan K Sargent CITY OF SEQUIM Mayor Thomas CITY OF FORKS Mayor Phil Arbeiter CLALLAM COUNTY Chair Dorothy Duncan SENT BY:XEROX 7033 PLAIN PAPER; 1 4 -96 5 :28PM ;CITY OF PORT ANGELES- 206 374 9430;# 4/ 4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written below. Date of Execution: Date of Execution: Attachment: Exhibit "A" PLAN.534 CITY OF PORT ANGELES Mayor Joan K. Sargent CITY OF SEQUIM Mayor Bill Thomas CITY OF FORKS Date of Execution: Mayor Phil Arbeiter CLALLAM COUNTY Date of Execution: Chair Dorothy Duncan written below IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year Date of Execution: Date of Execution Date of Execution. Date of Execution: D/ ,3 —O/ Attachment Exhibit "A" PLAN 534 CITY OF PORT ANGELES Mayor Joan K Sargent CITY OF SEQUIM Mayor Bill Thomas CITY OF FORKS Mayor Phil Arbeiter CLALLAM COUNTY t't air -lip Kitcnel 4 19 ,—.0c -.0 -4) lirvo,: &L,44:44 t EXHIBIT "A" 1995 -97 Clallam County and Cities Scope of Work for the Growth Management Act Interlocal agreements between the City of Port Angeles, acting as the lead agency, and Clallam County, City of Forks, and City of Sequim will be continued as in previous GMA funding years. The City of Port Angeles is a jurisdiction in compliance with the GMA, and the Cities of Forks and Sequim and Clallam County are jurisdictions not in compliance with GMA requirements and deadlines. Each jurisdiction will be responsible for completing its scope of work (attachments) as required by the contract with CTED. The following summary of the attached scopes of work highlights the GMA implementation tasks or work products as deliverables by June 1, 1996, and June 1, 1997 City of Port Angeles Objective: Prepare an Annexation Study using a consultant that will facilitate delivery of urban services in the Port Angeles Urban Growth Area consistent with the adopted Port Angeles Comprehensive Plan. Work Product, Phase 1: The consultant's report analyzing the cost/revenue projections that can be anticipated by annexing areas within the City's eastern UGA. (Deliverable March, 1996) Work Product, Phase 2. A written comprehensive annexation strategy coordinated with the City, the County, the PUD, and other affected jurisdictions and identifying a phased sequence of annexation activities and/or UGA sub -area annexations (Deliverable May, 1996) Work Product, Phase 3 Written draft interlocal agreements between local jurisdictions regarding phased annexation within the UGA and a public participation process including public information brochures, leaflets, flyers, and media documents. (Deliverable September, 1996) Payment Amounts and Report/Deliverable Dates. Initial Draw January 15, 1996, for $3916 (half of the 1996 funding) First Progress Report to CTED February 15, 1996 Work Product, Phase 1 April 1, 1996 Second Draw April 15, 1996, for $3917.55 (remaining 1996 funding) Work Product, Phase 2 June 1, 1996 Third Draw July 1, 1996 $4650 08 (half of the 1997 funding) Work Product, Phase 3 October 1, 1996 Final Draw October 15, 1996 $4650.08 (remaining 1997 funding) Second/Final Report to CTED November 15, 1996 1995 -97 Clallam GMA Scope of Work December 5, 1995 Page 2 Clallam County Objective 1: Prepare an Annexation Study using a consultant that will facilitate delivery of urban services in the Port Angeles Urban Growth Area jointly with the City of Port Angeles. Work Product, Phase 1. The consultant's report analyzing the cost/revenue projections that anticipated by annexing areas within the City's eastern UGA. (Deliverable March, 1996) Work Product, Phase 2 A written comprehensive annexation strategy coordinated the City, the County, the PUD, and other affected jurisdictions and identifying a phased sequence of annexation activities and/or UGA sub -area annexations. (Deliverable May, 1996) Work Product, Phase 3 Written draft interlocal agreements between local jurisdictions regarding phased annexation within the UGA and a public participation process including public information brochures, leaflets, flyers, and media documents (Deliverable September, 1996) Payment Amounts and Report/Deliverable Dates: Initial Draw January 15, 1996, for $3916 (an equal portion to the City's 1996 funding) First Progress Report to CTED February 15, 1996 Work Product, Phase 1 April 1, 1996 Second Draw April 15, 1996, for $3917.55 (equal to the City's 1996 funding) Work Product, Phase 2 June 1, 1996 Third Draw July 1, 1996 $4650 08 (equal to the City's 1997 funding) Work Product, Phase 3 October 1, 1996 Final Draw October 15, 1996 $4650.08 (equal to the City's 1997 funding) Second/Final Report November 15, 1996 Objective 2. Update the County's development regulations consistent with the Clallam County General Comprehensive Plan and four Regional Comprehensive Plans. Work Product, No 1 The Clallam County Land Division Code. (Deliverable July I, 1996) Payment Amounts and Report/Deliverable Dates: Initial Draw January 15, 1996, for $1635 25 (remainder of half of the 1996 funding) First Progress Report to CTED February 15, 1996 Work Product, No.1 July 1, 1996 Final Draw July 1, 1996 $5801 54 (remaining 1996 and 1997 funding) Final Report to CTED July 15, 1996 995 -97 Clallam GMA Scope of Work December 5, 1995 Page 3 Citv of Forks Objective Print the Forks Urban Growth Area Comprehensive Plan and implement the zoning code consistent with the Comprehensive Plan. Work Product, No 1 The printed copy of the Forks Urban Growth Area Comprehensive Plan. (Deliverable June 1, 1996) Work Product, No 2 The revised Forks Zoning Code. (Deliverable June 1, 1997) Payment Amounts and Report/Deliverable Dates: Initial Draw January 15, 1996, for $1852 (half of the 1996 funding) First Progress Report to CTED February 15, 1996 Work Product, No. 1 June 1, 1996 Second Draw July 1, 1996, for $1852.35 (remaining 1996 funding) Second Progress Report to CTED November 15, 1996 Third Draw December 1, 1996, for $2017.76 (half of 1997 funding) Work Product, No 2 June 1, 1997 Final Draw June 15, 1997, for $2017.76 (remaining 1997 funding) Final Report to CTED June 15, 1997 City of Seauim Objective Complete the Sequim Urban Growth Area Comprehensive Plan and implement the Zoning Code consistent with the Comprehensive Plan. Work Product, No 1 The Sequim Comprehensive Plan. (Deliverable June 1, 1996) Work Product, No. 2 The revised Sequim Zoning Code. (Deliverable June 1, 1997) Payment Amounts and Report/Deliverable Dates: Initial Draw January 15, 1996, for $2282.30 (half of the 1996 funding) First Progress Report to CTED February 15, 1996 Work Product, No. 1 June 1, 1996 Second Draw July 1, 1996, for $2282.30 (remaining 1996 funding) Second Progress Report to CTED November 15, 1996 Third Draw December 1, 1996, for $2566 16 (half of 1997 funding) Work Product, No. 2 June 1, 1997 Final Draw June 15, 1997, for $2566.16 (remaining 1997 funding) Final Report to CTED June 15, 1997 E13 Mr. Jack Pitti Public Works 0 r City of Port geles 321 East 5th P.O. Box 1150 Port Angeles, WA 98362 Dear Jack: 626 Columbia Street No tt west Site 2A Past Office Scot 976 Olympia, Washington 98501-1099 Olympia, Washington 98507-0976 Telephone 360 352-5090 Economic and Engineering Services, Inc. October 31, 1995 Subject: Letter Proposal Annexation Study 45550 Enclosed is a evised proposal for Economic and Engineering, Inc. (EES) to assist the City of Po Angeles (City) conduct an analysis of the policies, procedures, and impacts of lementing an annexation plan for the City. The basic difference with this versus p or proposals is the focus on only the Highway 101 corridor area east of the City to the proposed Urban Growth Area (UGA) boundary I based this proposal on our recent conversations and the basic framework of earlier submittals. Project Objective and Background The purpose of the proposed project is to prepare an annexation feasibility study for property identified by the City within its proposed UGA lying east of the City along the Highway 101 corridor. Currently, services are provided to citizens within this area through a combination of local governments consisting of the City of Port Angeles, Clallam County, and the Clallam County Utility District. Therefore, sensitivity of this project will center around the transfer of responsibilities, infrastructure, and scheduling of such transfers among these three jurisdictions. Inherent in the success of a complicated analysis such as this, is development of a win -win approach and procedure. Three key elements of this study will focus upon: infrastructure impacts of annexation; fiscal requirements and levels of service necessary to satisfy the needs of citizens within this area; and, institutional responsibilities estAhhshed through appropriate interlocal agreements. This proposal is broken into three phases of activities, each with an identified objective approach and product. As an overview, please note that the first phase is intended to provide a comparison of the potential revenues and expenses incurred by the City associated with annexing the study area. Phase 2 efforts focus on developing the specific annexation strategy. This will involve coordination and Fax 360357 Bellevue Olympia Portland Vancouver. B.C. Washington. O.C. Mr. Jack Pittis October 31, 1995 Page 3 Develop budget and financial statement projections for the City using economic forecast assumptions in order to project the fiscal impact of annexation to the City of Port Angeles. Identify all affected jurisdictions by the potential annexation activities. Evaluate and compile list of potential inter -local agreements, affected jurisdictions, and key issues. Responsibilities City Identify specific study area. Define land use, total acreage, and population projections for the existing City boundaries and the study area. Provide historical and current fiscal information. Work closely with EES to provide interpretation and input on key policy issues. Provide available digital mapping of in -City and annexation area attributes Provide digital files regarding all available or appropriate budget, fiscal, land use, and population projection information for the analysis Assist in brainstorming and interpreting comparisons of in -City and annexation area impacts. EES Review and evaluate all data cited above. Conduct review and analysis using information provided by the City for budget and fiscal impact analysis for in -City and annexation impact areas. Meet routinely with City staff to review results and brainstorm impact scenarios. Prepare illustrations of analytical results. Product Phase 1 activities will result in a report, to evaluate the revenue and costs anticipated by annexing all the land identified in the study area boundary. The report will provide a list of potential interlocal agreements which will need to be executed eventually for annexation purposes. ED Mr. Jack Pitts October 31, 1995 Page 5 Responsibilities City Continue to cooperate with EES in providing expense information, maps, and other pertinent data necessary to update the revenue/expense comparison. Provide City policies regarding infrastructure extension, utilities, and other City services. Facilitate meetings with local jurisdictions and be an active participant, as appropriate. Participate in brainstorming and identifying key annexation issues. EES Conduct review and evaluation of documentation provided by other local affected jurisdictions. Identify specific scheduled events for annexation. Review specific conditions of annexation transfer agreements as those existing for Gig Harbor, Lacey, and Puyallup. Prepare an annexation strategy which is jointly reviewed by City attorney and consistent with Chapter 35.13 Annexation of Incorporated Areas, as well as consistent with local GMA polices. Product The product will be a written strategy report with accompanying illustrations. It is anticipated this report will undergo review by both the City, County, PLID, and other affected local jurisdictions to be identified. Public presentations and meetings discussing the annexation plan will occur during Phase 3. Phase 3- Implementation Objective Prepare appropriate interlocai agreements, and develop and conduct public involvement activities necessary to implement the annexation strategy plan. Approach Prepare draft interlocal agreements between local jurisdictions regarding phased annexation. Identify public awarenessfnvolvement strategy and activities necessary to notify the public of annexation plan. Identify key local interest groups for public notification. �9 Mr. Jack Pittis Octaber 31, 1995 Page 7 Level of Effort Phase 1 (Hours) Feasibility and Analysis and 110 Revenue/Expense Projections Phase 2 Annexation Strategy 145 Phase 3 Implementation To Be Determined Total 255 Total Budget for Labor $23,675 Direct Expenses (Travel, plotting, reports, etc.) 2,800 Grand Total $26,475 In the event data is not available from the City, County, or other jurisdictions resulting in project delays or additional work for EES, we would like the opportunity to discuss the scope and budget with the City at that time. Once you find the budget acceptable, EES will be ready to proceed with the project. We anticipate that once we are notified to proceed, the project will be completed within four months given our ability to get information from the City and County as requested. We would like to reiterate EES's interest and commitment in working with the City on this project. I look forward to hearing from you. Sincerely, 011)1A44, John M. Maxwell Vice President JMM:mjk:w cc: Tom Gould, EES Bellevue ECONOMIC AND ENGINEERING SERVICES ZOOS I -1 Cuark .bra% APit 3 411;16.4 A MfaA'M i 4 j I 1 I ,a raves) Q; 5wis SAS 9N3 NO33 WORK ORDER NO. 45SS7 FILE PAQR DATE 1 L 1 1 I f ....T. i f f t-- i r 7 -1 0 A J I I S 1 ..a 1 1 r I I __I 1 3- 3 i T= z4 i 1 I 1 I 21136 PAGES CLQQ LSC 9VnT_ YV 72:CT OR/TA/2T ANNEXATION PLAN Target Dates: 7 UPDATE OF DEVELOPMENT REGULATIONS Lead Agency Clallam County Target Dates: July 1, 1996 Scope of Work The City of Port Angeles is not currently able to serve the entire urban growth areas with urban infrastructure. In order to provide for the orderly expansion of City services and to ensure that urban developments in the outlying areas of the urban growth area do not require immediate annexation, the City and County will jointly develop and adopt an annexation plan. Lead Agency: City of Port Angeles and Clallam County I IR f= (1 r;7 T if. �l i NOV 1 51995 Pursuant to the updated Clallam County Comprehensive Plan, including the four Regional Plans, Clallam County is in the process of updating development regulations to be consistent with the updated plans. These development regulations include the Clallam County Zoning Code, the Land Division Code, the Critical Areas Code, the Environmental Policy Code, the Shoreline Management Code, and the Open Space Taxation Code. GMA funds will be used in updating the various codes, but will not be sufficient to finish any single code update. 6s ,k of Fo 31 October 1995 Mr. Brad Collins City Planner 321 East Fifth Street P.O. Box 1150 Port Angeles, Washington 98362 RE: GMA 1995 -97 Funding Dear Brad: Here is my contribution to the scope of work associated with the GMA 1995 -1997 Implementation Funding. I hope that this is sufficient, please note that it is four words short of the forty promised. Thanks for taking the time to put this together. Most sincerely, D Willliam R. Fleck City Attorney /Planner cc: POST OFFICE BOX 1998 FORKS, WASHINGTON 98331 -1998 500 EAST DIVISION (360) 374 -5412 FAX: (360) 374 -9430 Dan Leinan, Clerk /Treasurer :1 in NOV 2 1995 "The City of Forks will utilize the monies to pay for the cost of printing the Forks Urban Growth Area Comprehensive Plan; and, help pay for implementing a zoning code consistent with that plan." INTERGOVERNMENTAL AGREEMENT WASHINGTON STATE DEPARTMENT OF COMMUNITY DEVELOPMENT CONTRACT NUMBER: 1-94-16304 This AGREEMENT, entered into by and between the City of Port Angeles (hereinafter referred to as the CITY) and the Washington State Department of Community Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.63A065 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 has determined that the most expedient method of distributing grant funds for the Washington State 1993 -1995 Biennium is to make the entire biennium's allocation available to the state's jurisdictions planning under the Growth Management Act, prior to their legislatively determined deadline for adoption of comprehensive plans and development regulations; and WHEREAS, the DEPARTMENT desires to engage the CITY and, by virtue of an interlocal agreement between the county and other cities and towns within the county, 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 CITY, and through the CITY to the county and other cities and towns within the county, for the agreement period, shall not exceed one hundred eighty -three thousand seventeen dollars ($183,017). 2.. AGREEMENT PERIOD The effective date of this AGREEMENT shall be July 1, 1993. The termination date shall be June 30, 1994, the legislatively determined deadline for adoption of comprehensive plans and development regulations. 5. R5o 3. SERVICE PROVISIONS Funds provided to the CITY under this AGREEMENT, designated for use by the CITY, in an amount determined in collaboration with the county and the other cities and towns within the county, and specified in an interlocal agreement between the county and each city or town and the CITY pursuant to Section 7 of this AGREEMENT, shall be used solely for activities undertaken to fulfill the requirements of the Growth Management Act and to implement the CITY'S growth management strategy as described in ATTACHMENT: SCOPE OF WORK, which, by this reference, is made a part of this AGREEMENT. The CITY is required to complete the work described in the SCOPE OF WORK within the time defined in Section 2 of this AGREEMENT. 4. REIMBURSEMENT PROVISIONS The CITY shall submit an invoice voucher (Form A-19) to the DEPARTMENT prior to the beginning of each calendar quarter for the duration of the AGREEMENT PERIOD. Within ten (10) days after receiving the voucher, the DEPARTMENT shall remit to the CITY a warrant for an amount equal to one calendar quarter's allocation from the total amount to be remitted to the CITY under the provisions of this AGREEMENT. The final voucher must be received by the DEPARTMENT no later than 10 days after the first day of the last quarter of the AGREEMENT PERIOD defined in Section 2. Funds not encumbered by receipt of an eligible voucher by the DEPARTMENT by this date, whether because of tardiness or non compliance pursuant to Section 6 of this AGREEMENT, or some other reason, shall be forfeited. 5. DISTRIBUTION OF FUNDS TO JURISDICTIONS The CITY shall distribute funds to the county and to the other cities and towns within the county in amounts determined in collaboration with the county and the other cities and towns and formalized in an interlocal agreement containing such provisions as those provided for in Section 7. Further, pursuant to Section 6 of this AGREEMENT, upon written notification by the DEPARTMENT, the CITY shall not distribute funds to any jurisdiction found by the DEPARTMENT or a Growth Planning Hearings Board to have failed to comply with the Growth Management Act. If the CITY is found to have failed to comply with the Growth Management Act, the CITY shall nonetheless distribute the appropriate amount to the jurisdictions that, pursuant to Section 6, are currently complying with all requirements of the Growth Management Act. 6. WTHHOLDING FOR NON COMPLIANCE A. If after disbursement of the first two quarter's allocation, the CITY or any other jurisdiction made part of this AGREEMENT is found by the department to have failed to comply with any of the procedural requirements of the Growth Management Act, defined as adoption of development regulations to conserve natural resource lands and protect critical areas, adoption of county -wide planning policies, adoption of development regulations for interim urban growth areas and submission of AN annual report, the DEPARTMENT shall withhold remaining funds in an amount proportionate to that jurisdiction's allocation until such time as these requirements are met., subject to the time limit provided for in Section 4 of this AGREEMENT. B. If the CITY or any other jurisdiction made party to this AGREEMENT is found by a Growth Planning Hearings Board to have failed to comply with the Growth Management Act, the DEPARTMENT shall withhold remaining funds in an amount r proportionate to that jurisdiction's allocation until such time as the Growth Planning Hearings Board determines the jurisdiction to be in compliance; subject to the time limit provided for in Section 4 of this AGREEMENT. 7. INTERLOCAL AGREEMENT Distribution of funds from the DEPARTMENT for implementing the Growth Management Act shall be contingent upon the successful execution of interlocal agreements between the CITY and the county and other jurisdictions within the county. Any interlocal agreements for the purpose of distributing funds under this AGREEMENT should be written to reflect the character, requirements, and intent of this AGREEMENT. It is the intent of the DEPARTMENT that all jurisdictions be subject to substantially the same requirements as the CITY in return for state grant funds. Specifically, any interlocal agreement shall at least contain provisions pertaining to the following: A. Agreement as to which jurisdiction is the primary grantee; B. Agreement by the jurisdictions to be similarly obligated by all provisions applicable to the CITY by virtue of this AGREEMENT; C. The amount of funds to be allocated to each jurisdiction; D. The duration of the AGREEMENT PERIOD, which shall be the same as the AGREEMENT PERIOD applying to the CITY; E. Agreement by the jurisdictions that funds provided shall be used solely for activities undertaken to fulfill the requirements of the Growth Management Act and to complete the tasks outlined in a scope of work developed by each jurisdiction and made part of the interlocal agreement, a copy of which shall be forwarded to the DEPARTMENT; or, an acknowledgement that the city or town intends for the CITY to do the work for them; F. Acknowledgement by the jurisdictions that following disbursement of the first and second calendar quarters' allocation, the DEPARTMENT or the CITY shall, upon written notification by the DEPARTMENT, withhold funds from a jurisdiction for failure to complete the procedural requirements of the Growth Management Act or upon determination of non compliance by a Growth Planning Hearings Board, pursuant to Sections 4 and 6 of this AGREEMENT; G. Agreement by the jurisdictions to submit copies of documents showing compliance to the requirements of the Growth Management Act to state agencies pursuant to Section 9 of this AGREEMENT; H. Agreement that jurisdictions must submit to the DEPARTMENT an Annual Report documenting planning progress, pursuant to RCW 36.70A.180. The DEPARTMENT shall provide a form for this purpose; I. Other provisions to be determined by the CITY and the jurisdictions entering into interlocal agreements. 8._ EVALUATION AND MONITORING A The CITY shall submit to the DEPARTMENT an Annual Report documenting planning progress, pursuant to RCW 36.70A 180. The DEPARTMENT shall provide a form for this purpose. B. The CITY shall cooperate with and freely participate in any other monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this AGREEMENT. C. The DEPARTMENT or the State Auditor and any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CITY'S records with respect to all matters covered in this AGREEMENT. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this AGREEMENT. Such rights last for three years from the date final payment is made hereunder. 9. COPIES The CITY shall submit to the DEPARTMENT a copy of natural resource lands and critical areas documents, county -wide planning policies, development regulations for interim urban growth areas and annual reports. In addition, sufficient copies of the latest draft comprehensive plan and development regulations prior to adoption shall be available for and delivered to state agencies, pursuant to RCW 36.70A 106. The DEPARTMENT shall provide a mailing list for this purpose. A copy of adopted comprehensive plans and development regulations shall be forwarded to the Department within 10 days of adoption. 10. EMPLOYMENT PROVISIONS There shall be no discrimination against any employee who is paid by the funds indicated in the AGREEMENT or against any applicant for such employment because of race, religion, color, sex, age, handicap, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay -off or termination, rates of pay or other forms of compensation, and selection for training. 11. AGREEMENT MODIFICATIONS The DEPARTMENT and the CITY may, from time to time, request changes to this AGREEMENT. Any such changes that are mutually agreed upon by the DEPARTMENT and the CITY shall be incorporated herein by written amendment to this AGREEMENT. Consideration will be given to the effect of such changes on the interlocal agreements between the CITY and the cities or towns within. 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. 12. TERMINATION OF AGREEMENT A If, through any cause, the CITY shall fail to fulfill in a timely and proper manner its obligations under this AGREEMENT, or if the CITY 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 submitting written notice to the CITY describing such default or violation. B. 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 CITY, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination, shall be as the DEPARTMENT reasonably determines. 13. SPECIAL PROVISION The DEPARTMENTs 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. 14. AMERICANS WITH DISABILITIES ACT The DEPARTMENT and the CITY agree to comply with all the provisions of the Americans with Disabilities Act, Public Law 101 -336, 28 CFR Part 35, and all regulations interpreting of enforcing such act. 15. HOLD HARMLESS A. 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 CITY, 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. B. This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this AGREEMENT. Each contract 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 subcontractor's performance or activities under the terms of the contracts. 16. GOVERNING LAW AND VENUE The AGREEMENT shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this AGREEMENT shall be the superior court of Thurston County, Washington. 17. 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 or applications of this AGREEMENT which can be given effect without the 18. RECAPTURE PROVISION A In the event that the CITY fails to expend state funds in accordance with state law and/or the provisions of this AGREEMENT, the DEPARTMENT reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. B. Such right of recapture shall exist for a period not to exceed three (3) years following termination of the AGREEMENT. Repayment by the CITY 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. 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. ADMINISTRATION A The DEPARTMENTS representative shall be Ted Gage. IN WITNESS WHEREOF, the DEPARTMENT and the CITY have executed this AGREEMENT as of the date and year written below. i ,mot., Michael J. M Department of Date: APPROVED AS TO FO Assistant Attome Gene Date: invalid term, condition or application. To this end the terms and conditions of this AGREEMENT are declared severable. B. The CITY'S representative shall be Brad Collins 1 4 1 ick, Assistant Director munity Development of P4Drt Angeles Mayor Date: q 9`3 Urban Growth Areas Following County -Wide Planning Policy and draft Washington Administrative Code, the County will analyze and adopt Urban Growth Areas by resolution. Urban Growth Areas will be incorporated into comprehensive plans by the County and the other jurisdictions by December 1993. Urban Services and Development Agreement Cities will establish Urban Growth Area Development Committees to design Urban Services and Development Agreements by June 1994. Capital Facilities Plan ATTACHMENT: SCOPE OF WORK CLALLAM COUNTY REGIONAL GROWTH MANAGEMENT STRATEGY Each local government, in preparation of comprehensive plans, will be responsible for inventory and planning of capital facilities, including a determination of need for new public capital facilities over the next twenty years. Where capital facilities are planned for Urban Growth Areas, the Cities will have lead responsibility in cooperation with the County. Capital Facilities Plans will be adopted July 1994. Transportation Plan Element By Spring 1994, the County will establish a Level of Service (LOS) Standards Task Force to reach agreement on LOS standards. The County will develop a traffic simulation and forecasting model in coordination with the Cities based on land use assumptions and calibrated to existing traffic patterns. The County will identify significant regional rights -of- way needs by July 1994. Housing Plan Element By Spring 1994, the Cities or the County will establish Housing Task Forces to coordinate efforts for affordable housing, including low and moderate income housing projects. The Housing Plan Elements will be completed by July 1994. Fiscal Impacts By Spring 1994, the County, Cities, and other public service providers will develop agreed upon strategies for mitigation of the fiscal impacts of the implementation of the Growth Management Act. Future Boundary Review Board and annexation policy will be incorporated into comprehensive plans following the County's adoption of Urban Growth Areas. Comprehensive Plans Required comprehensive plans will be adopted by the individual jurisdictions in coordination with each other according to the County -Wide Planning Policy. Urban Growth Areas will be designated using twenty -year population projections. Consistent i standards and jointly adopted land use plans and interlocal agreements or memoranda of understanding will be developed for these areas by July 1994. Development Regulations Implementing regulations consistent with the Growth Management Act, County -Wide Planning Policy, and comprehensive plans will be adopted by individual jurisdictions. Public Participation Each jurisdiction will be responsible for establishing procedures providing for early and continuous public participation in the development adoption, and amendment of comprehensive land use plans and development regulations implementing such plans. The County and each City will provide appropriate opportunities for neighboring jurisdictions and service providers to participate in the preparation of comprehensive plans and development regulations early in the planning process and at other times during the public review and comment period. and INTERGOVERNMENTAL AGREEMENT -1- GROWTH MANAGEMENT ACT FINANCIAL ASSISTANCE PROGRAM PORT ANf E rs PLANK NG D%r�Wtii4'c�'f THIS AGREEMENT entered into by and between the City of Port Angeles (hereinafter referred to as "Port Angeles the City of Sequim (hereinafter referred to as "Sequim the City of Forks (hereinafter referred to as "Forks and Clallam County witnesses that: WHEREAS, Clallam County and the cities located within it are mandated to plan in compliance with SHB 2929 (Washington's Growth Management Act, Chapter 17, Laws of 1990), which directs the Department of Community Development (hereinafter referred to as the "Department to establish a program of financial assistance to facilitate the adoption and implementation of comprehensive development regulations throughout the State; and WHEREAS, the parties to this Agreement have designated Port Angeles as the contact and fiscal agent for Growth Management Act financial assistance from the State to Clallam County, Port Angeles, Sequim, and Forks; and WHEREAS, the Department and Port Angeles are entering into an agreement whereby Port Angeles will perform certain tasks related to the proper administration of State Growth Management Act funds being provided to Clallam County, Port Angeles, Sequim, and Forks; WHEREAS, the parties desire to set forth their respective responsibilities for properly spending and accounting for their own share of said funds. 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 reimbursed from the Department and to be administered by Port Angeles are expected to not exceed $150,712. Of this total, it is anticipated that the respective shares of the parties hereto shall be as follows: Clallam County $58,525.32 Port Angeles 40,870.21 Sequim 25,952.30 Forks 25,364.30 2. Service Provisions. Port Angeles agrees to perform the contract requirements of the Department in evaluating, monitoring, and reporting with regard to the expenditure of said funds, as set forth in Contract No. 1- 91- 150004 as entered into between the Department and Port Angeles, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by this reference. Port Angeles also agrees to remit to Clallam County, Sequim, and Forks their respective shares of said funds within ten (10) days after receiving said funds from the Department. Clallam County, Sequim, and Forks agree to use funds provided to them pursuant to the contract set forth in Exhibit "A" solely for activities undertaken to fulfill the requirements of the Growth Management Act and to implement the regional growth manage- ment strategy as described in the Attachment: Scope of Work, which is part of Exhibit "A Clallam County, Sequim, and Forks also -2- agree to cooperate with the City in submitting necessary and appro- priate accounting and reporting documents and requesting and veri- fying expenditure of such funds and to cooperate with the Depart- ment by allowing the Department or the State Auditor and any of their representatives to have full access to and the right to examine during normal business hours and as often as the Department or the State Auditor may deem necessary, all records with respect to all matters covered in Exhibit "A" and to permit such repre- sentatives to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by Exhibit "A such rights to last for three (3) years from the date final payment is made. Clailam County, Sequim, and Forks also agree to comply with the employment provisions set forth in Exhibit "A 3. Hold Harmless. (a) 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 more than one party hereto, any damages allowed shall be levied in proportion to the percentage of negligence attribut- able to each such 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. -3- (b) This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities and requirements under this Agreement. The parties also agree that the Department and the State of Washington are not liable for damages or claims for damages arising from any party's performance or activities under the terms of this Agreement. 4. Governing Law and Venue. This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Clallam County, Washington; provided, however, that venue of any suit between the parties and the Department arising out of this Agreement and /or the contract set forth in Exhibit "A" shall be the Superior Court of Thurston County, Washington. 5. Severabilitv. 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, condi- tions or 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. 6. Recapture Provision. (a) In the event that Clallam County, Sequim, or Forks fails to expend State funds in accordance with State law and /or the provisions of this Agreement and /or the provisions of the contract set forth in Exhibit "A Port Angeles reserves the right to recap- -4- ture State funds in an amount equivalent to the extent of non- compliance. (b) Such right of recapture shall exist for a period not to exceed three (3) years following termination of the Agreement. Repayment by any of the parties of State funds under this recapture provision shall occur within thirty (30) days of demand. In the event that Port Angeles is required to institute legal proceedings to enforce the recapture provision, Port Angeles shall be entitled to its costs thereof, including reasonable attorney's fees. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written below. Date of Execution: I /a -9-9. Date of Execution: /6- r--9Q_ Date of Execution: /d p9 Contracts -5- CITY OF PORT ANGEL Title CITY OF SEQUIM 4 9 (/V Title CITY OF FORKS CLALLAM COUNTY Date of Execution: /b r W)---Qj Title roe./ August 6, 1992 EXHIBIT "A SCOPE OF WORK TO: GROWTH MANAGEMENT STEERING COMMITTEE FROM: TECHNICAL ADVISORY GROUP RE: JULY 1, 1992, TO JUNE 30, 1993, MULTI -YEAR REGIONAL GROWTH MANAGEMENT FUNDING STRATEGY The State Legislature has granted $150,712 to Clallam County and the Cities of Forks, Port Angeles, and Sequim for implementation of the Growth Management Act from July 1, 1992, to June 30, 1993. This amount is approximately 21% less than the $183,070 grant for 1991 -92 and is below the $156,312 grant for 1990 -91. Following the same allocation formula for the previous grants, the 1992 -93 funding for each jurisdiction is: Clallam County $21,875 $36,650.32 $58,525.32 Forks $21,875 3,489.30 $25,364.30 Port Angeles $21,875 $18,995.21 $40,870.21 Sequim $21,875 4,077.17 $25,952.17 To receive the state grant funds, we must submit a multi -year regional growth management strategy (see Attachment A). Since much has been accomplished in the past year including the County -Wide Planning Policy, the new strategy provides plan element details and deadlines beyond those in the strategies of the first two years (see Attachments B C). Urban Growth Areas Spring 1993 Following County -Wide Planning Policy and draft WAC Rules, County will be analyzing and adopting UGA's by resolution. UGA's will be incoporated into Comp Plans by each jurisdiction by December 31, 1993. Urban Services Development Agreement July 1, 1993 By Spring 1993 Cities will establish UGA Development Committees to reach US &D Agreements. Capital Facilities Plan July 1, 1993 Each local government, in preparation of comprehensive plans, will be responsible for inventory and planning of capital facilities, including a determination of need for new public capital facilities over the next twenty years. Where capital facilities are planned for urban growth areas, the Cities will have lead responsibility in co- operation with the County. f• Transportation Plan Element Summer 1993 By Fall 1992 County will establish Level of Service Standards Task Force to reach agreement on LOS standards. County will develop a traffic simulation and forecasting model in coordination with the Cities based on land use assumptions and calibrated to existing traffic patterns. County will identify significant regional rights -of -way needs by July 1, 1994. Housing Plan Element July 1, 1993 By Fall 1992 Cities and /or County will establish Housing Task Forces to coordinate efforts for affordable housing, including low and moderate income housing projects. Any transfer of development rights program within UGA's should be coordinated between Cities and County and incorporated into Comp Plans. Fiscal Impacts Spring 1993 By Fall 1992 County, Cities, and other public service providers will develop agreed upon strategies for mitigation of the fiscal impacts of Growth Management Act implementation. Future Boundary Review Board and annexation policy will be incorporated into Comp Plans following the County adoption of Urban Growth Areas by Spring 1993. Comprehensive Plan December 31, 1993 Required comprehensive plans will be adopted by the individual jurisdiction in coordination with each other according to the County -Wide Planning Policy. Urban growth areas will be designated using twenty -year population projections. Consistent standards and jointly- adopted land use plans and interlocal agreements or memoranda of understanding will be developed for these areas. Development Regulations December 31, 1994 Implementing regulations consistent with the Growth Management Act, County -Wide Planning Policy, and adopted Comp Plans will be adopted by individual jurisdictions. Public Participation Each jurisdiction will be responsible for establishing procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The County and each City shall provide appropriate opportunities for the neighboring jurisdiction and service providers to participate in the preparation of comprehensive plans and development regulations early in the planning process and at other times during the public review and comment period. August 6, 1992 ATTACHMENT A TO: GROWTH MANAGEMENT STEERING COMMITTEE FROM: TECHNICAL ADVISORY GROUP RE: JULY 1, 1992, TO JUNE 30, 1993, MULTI -YEAR REGIONAL GROWTH MANAGEMENT FUNDING STRATEGY The State Legislature has granted $150,712 to Clallam County and the Cities of Forks, Port Angeles, and Sequim for implementation of the Growth Management Act from July 1, 1992, to June 30, 1993. This amount is approximately 21% less than the $183,070 grant for 1991 -92 and is below the $156,312 grant for 1990 -91. Following the same allocation formula for the previous grants, the 1992 -93 funding for each jurisdiction is: Clallam County $21,875 $36,650.32 $58,525.32 Forks $21,875 3,489.30 $25,364.30 Port Angeles $21,875 $18,995.21 $40,870.21 Sequim $21,875 4,077.17 $25,952.17 To receive the state grant funds, we must submit a multi -year regional growth management strategy (see Attachment A). Since much has been accomplished in the past year including the County -Wide Planning Policy, the new strategy provides plan element details and deadlines beyond those in the strategies of the first two years (see Attachments B C). Urban Growth Areas Spring 1993 Following County -Wide Planning Policy and draft WAC Rules, County will be analyzing and adopting UGA's by resolution. UGA's will be incoporated into Comp Plans by each jurisdiction by December 31, 1993. Urban Services Development Agreement July 1, 1993 By Spring 1993 Cities will establish UGA Development Committees to reach US &D Agreements. Capital Facilities Plan July 1, 1993 Each local government, in preparation of comprehensive plans, will be responsible for inventory and planning of capital facilities, including a determination of need for new public capital facilities over the next twenty years. Where capital facilities are planned for urban growth areas, the Cities will have lead responsibility in co- operation with the County. Transportation Plan Element Summer 1993 By Fall 1992 County will establish Level of Service Standards Task Force to reach agreement on LOS standards. County will develop a traffic simulation and forecasting model in coordination with the Cities based on land use assumptions and calibrated to existing traffic patterns. County will identify significant regional rights -of -way needs by July 1, 1994. Housing Plan Element July 1, 1993 By Fall 1992 Cities and /or County will establish Housing Task Forces to coordinate efforts for affordable housing, including low and moderate income housing projects. Any transfer of development rights program within UGA's should be coordinated between Cities and County and incorporated into Comp Plans. Fiscal Impacts Spring 1993 By Fall 1992 County, Cities, and other public service providers will develop agreed upon strategies for mitigation of the fiscal impacts of Growth Management Act implementation. Future Boundary Review Board and annexation policy will be incorporated into Comp Plans following the County adoption of Urban Growth Areas by Spring 1993. Comprehensive Plan December 31, 1993 Required comprehensive plans will be adopted by the individual jurisdiction in coordination with each other according to the County -Wide Planning Policy. Urban growth areas will be designated using twenty -year population projections. Consistent standards and jointly- adopted land use plans and interlocal agreements or memoranda of understanding will be developed for these areas. Development Regulations December 31, 1994 Implementing regulations consistent with the Growth Management Act, County -Wide Planning Policy, and adopted Comp Plans will be adopted by individual jurisdictions. Public Participation algairg Each jurisdiction will be responsible for establishing procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The County and each City shall provide appropriate opportunities for the neighboring jurisdiction and service providers to participate in the preparation of comprehensive plans and development regulations early in the planning process and at other times during the public review and comment period. INTERLOCAL AGREEMENT FOR COMMUNITY SURVEY THIS AGREEMENT is made and entered into this 1st day of November, 1990, pursuant to the provisions of Chapter 39.34 RCW, by and between Washington State University, hereinafter referred to as "WSU," and the CITY OF PORT ANGELES, hereinafter referred to as CITY OF PORT ANGELES, for the provision of community survey services. WHEREAS, CITY OF PORT ANGELES requires services which WSU is capable of providing under the terms and conditions hereinafter described or referenced: and WHEREAS, WSU is able and prepared to provide such services as CITY OF PORT ANGELES does hereinafter require under those terms and conditions as set forth herein: 1. Contract Documents. The contract documents consist of this agreement Exhibit A "Scope of Work," and Exhibit B "Equal Opportunity /Afiative Action /Facilities Nondiscrimination," copies of which are attached hereto and which are by this reference incorporated herein as though set forth in full. There are no other agreements between the parties, either oral or written, which form a part of or modify this contract. 2. General Requirement. WSU shall provide specialized community survey services as described in Exhibit A "Scope of Work." CITY OF PORT ANGELES will work closely with the staff in implementing services in Exhibit A "Scope of Work." 3. Purpose. CITY OF PORT ANGELES hereby contracts with WSU to provide community survey services upon the terms and conditions as herein set forth. 4. Scope of Work. WSU will provide the services to be rendered as set forth in Exhibit A "Scope of Work." 5. Effective Date. This agreement shall become binding upon execution and shall remain in effect until March 30, 1991, unless sooner terminated as hereafter provided. Upon mutual consent, this agreement shall continue in force and effect after the expiration date until rescinded or modified in writing. 6. Maximum Oblieation. CITY OF PORT ANGELES agrees to reimburse WSU in consideration for its services described herein. Reimbursement shall be in accordance with the compensation section below. 7. Compensation. Reimbursement for the work performed in Exhibit A "Scope of Work," shall be up to but not to exceed $8,500. 8. Payment. CITY OF PORT ANGELES shall make payment by warrant in its normal course of business. Payment shall be made in two installments of $4,250. The first is due upon execution of the agreement. The second is due upon receipt of a preliminary final report no later than December 31, 1990. 5.251) 9. Final Financial Statement. WSU shall provide to CITY OF PORT ANGELES a final financial statement within 90 days of the receipt of the second payment installment. Should any funds remain after the completion of the work contemplated by this agreement, such shall be returned to CITY OF PORT ANGELES at that time. 10. Termination for Convenience. Either party may in its sole discretion terminate this agreement in whole of in part at any time by giving not less than 30 days written notice to the other party of the intent to terminate, specifying the effective date thereof. Upon termination, WSU shall be entitled to receive just and equitable compensation by warrant for all work performed and uncancellable obligations made prior to the date of termination notice receipt. CITY OF PORT ANGELES shall be entitled to all work product generated by WSU pursuant to this contract's obligations. 11. Indemnification. Each party shall defend, protect and save harmless the other party from and against all claims, suits and /or actions arising from any negligent or intentional act or omission of that party's employees, agents and /or authorized subcontractor(s) while performing this agreement. 12. Disputes. Any action brought against either party to enforce this agreement will be brought in PORT ANGELES, Washington. 13. Communications. All notices hereunder and communications with respect to this agreement shall be effective upon the mailing thereof by registered or certified mail, return receipt requested, and postage paid to the persons named below: If to CITY OF PORT ANGELES Bradley J. Collins, Planning Director City of Port Angeles 321 E. Fifth P.O. Box 1150 Port Angeles, WA 98362 If to WSU Nicholas P. Lovrich, Director Division of Governmental Studies and Services Department of Political Science Washington State University Pullman, WA 99164 -4870 14. Audit and Inspection of Records. WSU shall permit the authorized representatives of CITY OF PORT ANGELES to inspect and audit all data and records of WSU relating to performance under this agreement until the expiration of three years after final payment under this agreement, provided that all inspections and audits will take place at the WSU Grant and Contract Finance Office during regular business hours. 15. Adherence to Law. Both parties shall adhere to all applicable laws governing their relationship with their employees, including but not limited to laws, rules, regulations and policies concerning workers' compensation, unemployment compensation, minimum wage requirements, and equal opportunity /affirmative action /facilities nondiscrimination requirements as set forth in Exhibit B. 16. Mutual Cooperation. WSU recognizes that the performance of this agreement is essential to the provision of vital public services and the accomplishment of the stated goals and mission of CITY OF PORT ANGELES. Therefore, WSU shall be responsible to maintain a cooperative and good faith attitude in all relations with CITY OF PORT ANGELES and shall actively foster a public image of mutual benefit to both parties. WSU shall not make any statements or take any actions detrimental to this effort. 17. Severabilitv. Should any provisions of this agreement or the applications of such provisions be rendered or declared invalid by a court action or by reason of any existing or subsequently enacted legislation, the remaining parts or provisions of this agreement shall remain in full force and effect. 18. Ownership of Documents. All documents prepared by WSU under the terms of this agreement shall be the property of the CITY OF PORT ANGELES; provided, however, that WSU may retain preliminary drafts of documents unless specifically claimed by the CITY OF PORT ANGELES and WSU may retain copies of documents for its own records. Neither party hereto shall assign its rights hereunder to any person or entity without the prior written consent of the other party. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their respective officers thereunto duly authorized on the date written below their signatures. WASHI TON STATE UNIVERSITY By: incent Hutnak ra s ey' ins Finance Officer /Sponsored Programs Plan ctor Date: NOV 1 9 1990 CITY OF PORT ANGELES By: Date: 121; /10 Appr ved for Form: Zitttorney EXHIBIT A Scone of Work The following Services will be provided in accordance to the community survey service agreement: 1. Printed questionnaires will be distributed via the mails to 2,700 residents of Port Angeles selected at random from utility account lists. The CITY OF PORT ANGELES will provide FIVE sets of mailing labels for the 2,700 residents. The survey will be conducted in accordance with the Dillman "Total Design Method" entailing an initial mailing to all respondents, a postcard reminder, and a subsequent full mailing to nonrespondents. 2. Development of Survey Instrument and Documentation of Survey Results Preparation of a survey instrument in concert with the CITY OF PORT ANGELES Planning Director. The Director and his associates will provide a set of 10 to 12 "planning topics" to be translated by WSU into appropriate mail survey items Survey Design First Wave Prep First Wave Mailing First Follow -up Second Wave Mailing Data Entry Final Report Preparation Draft Validation of the questionnaire with the Advisory Committee as the focus group Collection of Mail Survey Data Data Entry and Computer Analysis of Results 3. Summary Review and Analysis of Survey Results Preparation of a draft FINAL REPORT by December 31 indicating the nature of survey findings broken down by area and other relevant dimensions of analysis. [An up -dated report will be prepared when all mail returns are available on February 28, 1991] TIME TABLE Nov. 1 Nov. 30 /Dec. 1 Dec. 31 1 1 BUDGET Direct Costs Printing $1,500 Postage 1,500 Office Supplies 150 Timeslip 3,425 Questionnaire /Mailing Preparation 2,725 Data Entry 400 Data Analysis 300 Employee Benefits 5% timeslip) 171 TOTAL Direct Costs $6.746 Indirect Costs (26% of direct costs) 1.754 TOTAL PROJECT COST $8,500 EXHIBIT B EQUAL OPPORTUNITY /AFFIRMATIVE ACTION /FACILITIES NONDISCRIMINATION (The following clause is applicable unless, and to the extent that, this contract is exempt under federal law, including the rules, regulations, and relevant orders of the Secretary of Labor, including 41 CFR, Ch. 60.) During the performance of this contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. The Contractor will take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available t employees and applicants for employment, notices to be provided by the local United States Department of Labor Office setting forth the provisions of this Equal Opportunity /Affirmative Action clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, physical or mental handicap, or national origin, and that the Contractor is under the legal obligation to take affirmative action to employe, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans status or physical or mental handicap in all employment actions. All suitable employment openings existing at contract award or occurring during contract performance will be listed at the state employment source office in the locality where the opening occurs, provided that this listing requirement shall not apply to openings that the Contractor intends to fill from within its own organization or under a customary and traditional employer -union hiring agreement. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the said labor union or workers' representative of the Contractor's commitments under this Equal Opportunity/ Affirmative Action clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, including, but not limited to, the rules, regulations and orders issued by the Secretary of Labor under the Vietnam Era Veterans' Readjustment Assistance Act of 1972, and the Rehabilitation Act of 1973 (29 USC 793), as amended. e. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations and orders. f. The Contractor will not, on grounds of race, color, religion, sex, physical or mental handicap, or national origin: 1. Deny an individual any services or other benefits provided under this agreement; 2. Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this agreement; 3. Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) of other benefits provided under this agreement; 4. Deny any individual an opportunity to participate in any program provided by this agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this agreement. The Contractor, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participants in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. In the event of Contractor noncompliance with the nondiscrimination requirements of this contract or with any, of the said rules, regulations, or orders, this contract many be canceled, terminated or suspended, in whole or in part, and the Contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. f. The Contractor will include the provisions of paragraphs a through g in every subcontract unless exempted by the rules, regulations, or orders of the Secretary of Labor. g. and INTERGOVERNMENTAL AGREEMENT GROWTH MANAGEMENT ACT FINANCIAL ASSISTANCE PROGRAM THIS AGREEMENT entered into by and between the City of Port Angeles (hereinafter referred to as "Port Angeles the City of Sequim (hereinafter referred to as "Sequim the City of Forks (hereinafter referred to as "Forks and Clallam County witnesses that: WHEREAS, Clallam County and the cities located within it are mandated to plan in compliance with SHB 2929 (Washington's Growth Management Act, Chapter 17, Laws of 1990), which directs the Department of Community Development (hereinafter referred to as the "Department to establish a program of financial assistance to facilitate the adoption and implementation of comprehensive development regulations throughout the State; and WHEREAS, the parties to this Agreement have designated Port Angeles as the contact and fiscal agent for Growth Management Act financial assistance from the State to Clallam County, Port Angeles, Sequim, and Forks; and WHEREAS, the Department and Port Angeles are entering into an agreement whereby Port Angeles will perform certain tasks related to the proper administration of State Growth Management Act funds being provided to Clallam County, Port Angeles, Sequim, and Forks; WHEREAS, the parties desire to set forth their respective responsibilities for properly spending and accounting for their own -1- share of said funds. 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 reimbursed from the Department and to be administered by Port Angeles are expected to not exceed $156,329. Of this total, it is anticipated that the respective shares of the parties hereto shall be as follows: Clallam County 65,100 Port Angeles 44,800 Sequim 23,600 Forks 22,829 2. Service Provisions. Port Angeles agrees to perform the contract requirements of the Department in evaluating, monitoring, and reporting with regard to the expenditure of said funds, as set forth in Contract No. 1- 91- 150004 as entered into between the Department and Port Angeles, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by this reference. Port Angeles also agrees to remit to Clallam County, Sequim, and Forks their respective shares of said funds within ten (10) days after receiving said funds from the Department. Clallam County, Sequim, and Forks agree to use funds provided to them pursuant to the contract set forth in Exhibit "A" solely for activities undertaken to fulfill the requirements of the Growth Management Act and to implement the regional growth manage- ment strategy as described in the Attachment: Scope of Work, which -2- is part of Exhibit "A Clallam County, Sequim, and Forks also agree to cooperate with the City in submitting necessary and appro- priate accounting and reporting documents and requesting and veri- fying expenditure of such funds and to cooperate with the Depart- ment by allowing the Department or the State Auditor and any of their representatives to have full access to and the right to examine during normal business hours and as often as the Department or the State Auditor may deem necessary, all records with respect to all matters covered in Exhibit "A" and to permit such repre- sentatives to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by Exhibit "A such rights to last for three (3) years from the date final payment is made. Clallam County, Sequim, and Forks also agree to comply with the employment provisions set forth in Exhibit "A 3. Hold Harmless. (a) 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 more than one party hereto, any damages allowed shall be levied in proportion to the percentage of negligence attribut- able to each such party, and each party shall have the right to seek contribution from the other party in proportion to the -3- percentage of negligence attributable to the other party. (b) This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities and requirements under this Agreement. The parties also agree that the Department and the State of Washington are not liable for damages or claims for damages arising from any party's performance or activities under the terms of this Agreement. 4. Governing Law and Venue. This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Clallam County, Washington; provided, however, that venue of any suit between the parties and the Department arising out of this Agreement and /or the contract set forth in Exhibit "A" shall be the Superior Court of Thurston County, Washington. 5. Severabilitv. 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, condi- tions or 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. 6. Recapture Provision. (a) In the event that Clallam County, Sequim, or Forks fails to expend State funds in accordance with State law and /or the provisions of this Agreement and /or the provisions of the contract -4- set forth in Exhibit "A Port Angeles reserves the right to recap- ture State funds in an amount equivalent to the extent of non- compliance. (b) Such right of recapture shall exist for a period not to exist three (3) years following termination of the Agreement. Repayment by any of the parties of State funds under this recapture provision shall occur within thirty (30) days of demand. In the event that Port Angeles is required to institute legal proceedings to enforce the recapture provision, Port Angeles shall be entitled to its costs thereof, including reasonable attorney's fees. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written below. Date of Execution:_j_D 9p Title: (J CITY OF SEQUIM Date of Execution: %t title: Date of Execution: /-2-/-2- "fC -5- CITY OF PORT ANGELES k IA ci...0: CITY OF FORKS Title: Date of Execution: j)_ 0 Title: CLALLAM COUNTY Annual Council Goals CITY OF AUBURN: Capital Planning System Revised for HB 2929 Council Review Planning Work Program GO Revenue Bonds Bonds IQ" Capital Facilities Elements Trans- Winkle Parks Housing portatIon ivi 5 Year Capital List Financing Plan No— Operations Grants Other COMPREHENSIVE PLAN Capital Improvement Plan Annual Budget Capital Decisions Other Agencies Impact Fees Ep-wsktr.rowzi a;,:e445may4440,*- Annual Capital Work Program NOTE Revisions designated by dotted lines Development Policies Developer Contributions Direct SEPA Construction Mitigation LIDs 7 5, 25© O i6f Dd1' 1 DEC 2 41990 INTERGOVERNMENTAL AGREEMENT PLANNING DEPARTMENT WASHINGTON STATE DEPARTMENT OF COMMUNITY DEVELOPMENT Contract Number 1 150004 This AGREEMENT, entered into by and between the City of Port Angeles (hereinafter referred to as the CITY) and the Washington State Department of Community Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.63A.065 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 Legislature has enacted SHB 2929 (Washington's Growth Management Act, Chapter 17, Laws of 1990) which directs the DEPARTMENT to establish a program of financial assistance to facilitate the adoption and implementation of comprehensive and development regulations throughout the state; and WHEREAS, the DEPARTMENT hereby desires to engage the CITY to perform certain tasks as hereinafter agreed upon by both parties. NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. ENDIFL The total funds to be reimbursed to the CITY for the agreement period shall not exceed 156,329 (one hundred fifty -six thousand three hundred twenty -nine dollars). 2. SERVICE PROVISIONS Funds provided to the CITY under this AGREEMENT shall be used solely for activities undertaken to fulfill the requirements of the Growth Management Act and to implement the regional growth management strategy as described in ATTACHMENT: SCOPE OF WORK, which, by this reference, is made a part of this AGREEMENT. n 3. AGREEMENT PERIOD The effective date of this AGREEMENT shall be July 1, 1990. The termination date shall be June 30, 1991. 4. REIMBURSEMENT PROVISIONS The CITY shall submit an invoice voucher (Form A -19) to the DEPARTMENT at the beginning of each quarter. Within ten (10) days after receiving and approving the voucher, the DEPARTMENT shall remit to the CITY a warrant for an amount equal to one quarter (to the nearest dollar) of the total amount to be remitted to the county under this AGREEMENT. The final voucher must be submitted prior to June 30, 1991. 5. EVALUATION AND MONITORING a) When requesting payment, the CITY shall file a brief report with the DEPARTMENT indicating how the funds have been or will be spent to meet the objectives described in the ATTACHMENT: SCOPE OF WORK. The CITY shall cooperate with and freely participate in any other monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this AGREEMENT. b) The DEPARTMENT or the State Auditor and any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CITY'S records with respect to all matters covered in this AGREEMENT. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this AGREEMENT. Such rights last for three years from the date final payment is made. 6. ANNUAL REPORTING The CITY shall remit to the DEPARTMENT an annual report containing information sufficient for the DEPARTMENT to adequately and accurately assess the progress made by each jurisdiction in implementing the state growth management act. This report shall be submitted to the DEPARTMENT no later than January 1, 1991. 7. EMPLOYMENT PROVISIONS There shall be no discrimination against any employee who is paid by the funds indicated in the AGREEMENT or against any applicant for such employment because of race, religion, color, sex, age, handicap, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay -off or termination, rates of pay or other forms of compensation, and selection for training. 8. AGREEMENT MODIFICATIONS The DEPARTMENT and the CITY may, from time to time, request changes in services to be performed with the funds. Any such changes that are mutually agreed upon by the DEPARTMENT and the CITY 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. 9. TERMINATION OF AGREEMENT a) If, through any cause, the CITY shall fail to fulfill in a timely and proper manner its obligations under this AGREEMENT, or if the CITY 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 submitting written notice to the CITY describing such default or violation. b) 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 CITY and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination, shall be as the DEPARTMENT reasonably determines. 10. 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. 11. HOLD HARMLESS a) 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 CITY, 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. b) This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this AGREEMENT. Each contract 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 subcontractor's performance or activities under the terms of the contracts. 12. GOVERNING LAW AND VENUE The AGREEMENT shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this AGREEMENT shall be the superior court of Thurston County, Washington. 13. 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 or 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. 14. RECAPTURE PROVISION a) In the event that the CITY fails to expend state funds in accordance with state law and /or the provisions of this AGREEMENT, the DEPARTMENT reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. b) Such right of recapture shall exist for a period not to exceed three (3) years following termination of the AGREEMENT. Repayment by the CITY of state funds under this recapture provision shall occur within thirty (30) days of demand. In the evaht 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. 15. 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. 16. L4DMINISTRATIOIy a) The DEPARTMENT'S representative shall be Nick Turnbull. b) The CITY'S representative shall be Bradley J. Collins IN WITNESS WHEREOF, the DEPARTMENT and the CITY have executed this AGREEMENT as of the date and year written below. q r2?:+ Tim Arnold, Assis ant Director CITYU Title CJ Ai fl ee Department of Community Development Date: 1 2 ct.ci 0 Date: 1 APPROVED AS TO FORM: 1 Assist nt Alts r :y eneral Date: c4 /3//4d CLALLAM COUNTY REGIONAL GROWTH MANAGEMENT STRATEGY GOVERNMENTAL FRAMEWORK The city of Port Angeles will act as the contact and fiscal agent for the Growth Management Act financial assistance from the state to the Clallam County and the cities of Forks, Sequim, and Port Angeles. There is established in the city treasury a special revolving fund for the fiscal administration and accounting of state financial assistance monies for the implementation of actions of the mandated jurisdictions in Clallam County in doing or causing to be done the necessary work of Growth Management Act planning. The governmental framework consists the city councils of each participating city, the board of county commissioners, and their respective planning commissions. RESOURCE LANDS Resource lands have been identified as an issue that affects the Clallam County subregion. The county will be responsible for identifying resource lands. A joint citizen task force will be appointed by the cities and the county. Lead Responsibility: Clallam County Target Dates: CRITICAL AREAS Lead Responsibility: Each jurisdiction ATTACHMENT: SCOPE OF WORK Target Dates: Designations or definitions by July 1, 1991; interim regulations adopted by September 1, 1991 Critical areas will be addressed by each jurisdiction individually and coordinated on the subregion level. In order to efficiently utilize resources and educate the public, Clallam County, on behalf of all the jurisdictions, will apply will apply for a wetland protection grant from the Department of Ecology to address public education and individual wetland strategies and ordinances Work plan by February 1, 1991; inventory by May 1, 1991; task force recommendations by July 1, 1991; regulations adopted by September 1, 1991 CAPITAL FACILITIES PLANNING Capital facilities planning is an issue affecting the sub regional level. In developing sub regional and local comprehensive plans, close coordination with special purpose districts with capital facility planning authority will be maintained. Each local government, in preparation of the comprehensive plans, will be responsible for inventory and planning of capital facilities. Where capital facilities are planned for urban growth areas, the city will have lead responsibility in cooperation with the county. Lead Responsibility: Each jurisdiction /cities for urban growth areas Target Dates: COMPREHENSIVE PLANS Required comprehensive plans will be adopted by the individual jurisdictions in coordination with each other. Urban growth areas will be designated using twenty year population projections. Consistent standards and jointly adopted land use plans and interlocal agreements or memoranda of understanding will be developed for these areas. The following issues will be addressed jointly by the cities and the county for the urban growth areas: transportation (arterials), urban growth boundaries, capital facility plans, housing for low and moderately incomed persons, open space and recreation, public services, and land use designations. Lead Responsibility: Each jurisdiction Target Dates: Memoranda of Understanding between each city and the county on planning approach by July 1, 1991 HOUSING Housing affects the region as a whole, the subregions, and individual jurisdictions, and close coordination and joint planning will be accomplished. Each jurisdiction will be responsible for developing its housing plans; ways to coordinate the tasks will be developed at a later date. Lead Responsibility: Each jurisdiction Target Dates: Begin by July 1, 1991 Work plan by July 1, 1991; inventory by July 31, 1992; plan by July 1, 1993; implementation by July 1, 1994 ALLOCATION OF GRANT FUNDS Funds provided to implement the Washington State Growth Management Act will be placed in a special account established by the City of Port Angeles and distributed to the jurisdictions in the Clallam County region as follows: Clallam County $65,100 City of Port Angeles 44,800 City of Sequim 23,600 City of Forks 22,829 and INTERGOVERNMENTAL AGREEMENT GROWTH MANAC_,FMENT ACT FINANCIAL ASSISTANCE PROGRAM -1- E ago a ?d THIS AGREEMENT entered into by and between the City of Port Angeles (hereinafter referred to as "Port Angeles the City of Sequim (hereinafter referred to as "Sequim the City of Forks (hereinafter referred to as "Forks and Clallam County witnesses that: WHEREAS, Clallam County and the cities located within it are mandated to plan in compliance with SHB 2929 (Washington's Growth Management Act, Chapter 17, Laws of 1990), which directs the Department of Community Development (hereinafter referred to as the "Department to establish a program of financial assistance to facilitate the adoption and implementation of comprehensive development regulations throughout the State; and WHEREAS, the parties to this Agreement have designated Port Angeles as the contact and fiscal agent for Growth Management Act financial assistance from the State to Clallam County, Port Angeles, Sequim, and Forks; and WHEREAS, the Department and Port Angeles are entering into an agreement whereby Port Angeles will perform certain tasks related to the proper administration of State Growth Management Act funds being provided to Clallam County, Port Angeles, Sequim, and Forks; WHEREAS, the parties desire to set forth their respective responsibilities for properly spending and accounting for their own share of said funds. ir 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 reimbursed from the Department and to be administered by Port Angeles are expected to not exceed $183,070. Of this total, it is anticipated that the respective shares of the parties hereto shall be as follows: Clallam County $72,641 Port Angeles 50,403 Sequim 30,368 Forks 29,658 2. Service Provisions. Port Angeles agrees to perform the contract requirements of the Department in evaluating, monitoring, and reporting with regard to the expenditure of said funds, as set forth in Contract No. 1 -91- 150004 as entered into between the Department and Port Angeles, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by this reference. Port Angeles also agrees to remit to Clallam County, Sequim, and Forks their respective shares of said funds within ten (10) days after receiving said funds from the Department. Clallam County, Sequim, and Forks agree to use funds provided to them pursuant to the contract set forth in Exhibit "A" solely for activities undertaken to fulfill the requirements of the Growth Management Act and to implement the regional growth manage- ment strategy as described in the Attachment: Scope of Work, which is part of Exhibit "A Clallam County, Sequim, and Forks also -2- agree to cooperate with the City in submitting necessary and appro- priate accounting and reporting documents and requesting and veri- fying expenditure of such funds and to cooperate with the Depart- ment by allowing the Department or the State Auditor and any of their representatives to have full access to and the right to examine during normal business hours and as often as the Department or the State Auditor may deem necessary, all records with respect to all matters covered in Exhibit "A" and to permit such repre- sentatives to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by Exhibit "A such rights to last for three (3) years from the date final payment is made. Clallam County, Sequim, and Forks also agree to comply with the employment provisions set forth in Exhibit "A 3. Hold Harmless. (a) 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 more than one party hereto, any damages allowed shall be levied in proportion to the percentage of negligence attribut- able to each such 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. -3- (b) This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities and requirements under this Agreement. The parties also agree that the Department and the State of Washington are not liable for damages or claims for damages arising from any party's performance or activities under the terms of this Agreement. 4. Governina Law and Venue. This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Clallam County, Washington; provided, however, that venue of any suit between the parties and the Department arising out of this Agreement and /or the contract set forth in Exhibit "A" shall be the Superior Court of Thurston County, Washington. 5. Severabilitv. 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, condi- tions or 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. 6. Recapture Provision. (a) In the event that Clallam County, Sequim, or Forks fails to expend State funds in accordance with State law and /or the provisions of this Agreement and /or the provisions of the contract set forth in Exhibit "A Port Angeles reserves the right to recap- -4- ture State funds in an amount equivalent to the extent of non- compliance. (b) Such right of recapture shall exist for a period not to exceed three (3) years following termination of the Agreement. Repayment by any of the parties of State funds under this recapture provision shall occur within thirty (30) days of demand. In the event that Port Angeles is required to institute legal proceedings to enforce the recapture provision, Port Angeles shall be entitled to its costs thereof, including reasonable attorney's fees. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written below. Date of Execution: Date of Execution: Date of Execution: PLAN.534 X47- 9/ -5- CITY OF PORT ANGELES Jitle k, A 9 CJ CITY OF SEQUIN Title CITY OF FORKS Date of Execution: /62122/9/ (Q C" Title CLALLAN COUNTY Title f/ 64 GOVERNMENTAL FRAMEWORK RESOURCE LANDS Target Dates: CRITICAL AREAS Target Dates: ATTACHMENT: SCOPE OF WORK CL ALLAM COUNTY REGIONAL GROWTH MANAGEMENT STRATEGY The City of Port Angeles will act as the contact and fiscal agent for the Growth Management Act financial assistance from the State to Clallam County and the cities of Forks, Sequim, and Port Angeles. There is established in the City Treasury a special revolving fund for the fiscal administration and accounting of State financial assistance monies for the implementation of actions of the mandated jurisdictions in Clallam County in doing or causing to be done the necessary work of Growth Management Act planning. The governmental framework consists of the City Council of each participating City, the Board of County Commissioners, and their respective Planning Commissions. Resource lands have been identified as an issue that affects the Clallam County subregion. The County will be responsible for identifying resource lands. A joint citizen task force will be appointed by the cities and the County. Lead Responsibility: Clallam County Work plan by February inventory by May 1, 1991; recommendations by July regulations adopted by 1992. Lead Responsibility: Each jurisdiction EXHIBIT AN 1, 1991; task force 1, 1991; March 1, Critical areas will be addressed by each jurisdiction individually and coordinated on the subregion level. In order to efficiently utilize resources and education the public, Clallam County, on behalf of all the jurisdictions, will apply for a wetland protection grant from the Department of Ecology to address public education and individual wetland strategies and ordinances. Designations or definitions by July 1, 1991; interim regulations adopted by March 1, 1992. CAPITAL FACILITIES PLANNING Capital facilities planning is an issue affecting the sub regional level. In developing sub regional and local comprehensive plans, close coordination with special purpose districts with capital facility planning authority will be maintained. Each local government, in preparation of the comprehensive plans, will be responsible for inventory and planning of capital facilities. Where capital facilities are planned for urban growth areas, the City will have lead responsibility in cooperation with the County. HOUSING Lead Responsibility: Target Dates: COMPREHENSIVE PLANS Required comprehensive plans will be adopted by the individual jurisdictions in coordination with each other. Urban growth areas will be designated using twenty -year population projections. Consistent standards and jointly- adopted land use plans and interlocal agreements or memoranda of understanding will be developed for these areas. The following issues will be addressed jointly by the cities and the County for the urban growth areas: transportation (arterials), urban growth boundaries, capital facility plans, housing for low and moderately incomed persons, open space and recreation, public services, and land use designations. Lead Responsibility: Each jurisdiction Target Dates: Housing affects the region individual jurisdictions, and will be accomplished. Each developing its housing plans; developed at a later date. Lead Responsibility: Target Dates: Each jurisdiction /cities for urban growth areas Work plan by July 1, 1991; inventory by July 31, 1992; plan by July 1, 1993; implementation by July 1, 1994. Memoranda of Understanding between each city and the County on planning approach by July 1, 1992. as a whole, the sub regions, and close coordination and joint planning jurisdiction will be responsible for ways to coordinate the tasks will be Each jurisdiction Begin by July 1, 1991. COUNTY -WIDE PLANNING POLICY Responsible Aaencv: Timeline: Responsible Aaencv: Timeline: Adoption by the County legislative authority and ratification by the Cities of a County -wide planning policy pursuant to Section 2 of the 1991 amendments to the Growth Management Act which establishes a framework from which County and City comprehensive plans are developed and adopted pursuant to the Growth Management Act. The approach to this collaborative process will include three basic steps: (1) development of background policy papers based on research and experience by staff or consultant as identified under Objective 2 (Responsible Agency) (2) review and comment by technical staff (Technical Advisory Group) of participating jurisdictions, including special purpose districts, schools and tribes; and (3) review and recommendation to each individual jurisdiction by a Steering Committee of the Cities and the County. OBJECTIVE 1: Establish a collaborative process that will provide a framework for adoption of a County -wide planning policy. The collaborative process will outline future provisions related to determining desired planning policy outcomes, deadlines, ratification of any final agreements, and financing of the activities. Task 1: Convene monthly meetings between County and cities to establish and implement collaborative process for County -wide planning policy and monitoring of outcome of process. Clallam County /City of Port Angeles October 1, 1991, initial meeting; meetings continued through July, 1992 Task 2: Adopt Inter -local Agreement or Memorandum of Understanding with Cities on County -wide planning policy process. Responsible Aaencv: Clallam County /Cities Timeline: Adoption by October 1, 1991. Task 3: Develop and adopt work plan and staffing/ consultant assignments for implementing the collaborative planning process. Clailam County /cities Work plan adopted by October 15, 1991. Task 4: Research cooperative planning policy efforts which have been adopted and implemented within Washington State. Responsible Aaencv: Timeline: Task 5: areas. Responsible Aaencv: Timeline: Task 6: Develop ensure City and planning policy. Responsible Aaencv: Timeline: Responsible Aaencv: Timeline: Clailam County Completed by November 1, 1991. Develop desired County -wide planning policy Clailam County Steering Committee Action by November 1, 1991. and adopt ratification procedure to County agreement with County -wide City of Forks Action by Steering Committee by November 1, 1991. Task 7: Pursue dialogue and invite participation of special purpose districts, tribes and schools in the development of County -wide planning policies. Pursue agreement with schools, Port, and PUD to consider ratification of County -wide planning policy in conjunction with City and County ratification procedure. Resoonsible Aaencv: Clallam County /Cities Timeline: Agreements by December 1, 1991. Task 8: Develop public involvement strategy education and input regarding purpose, objectives, intent of County -wide planning policy. for and Clailam County Draft strategy due October 15, 1991; Steering Committee Action November 1, 1991; Implementation October June, 1992. OBJECTIVE 2: Implement collaborative process for County -wide planning policy and adopt a County -wide planning policy. Task 1: Develop and adopt policies for the designation and implementation of urban growth areas in Clallam County through the collaborative process established in Objective 1. Responsible Aaencv: Players: Information Sources: Timeline: Responsible Aaencv: Players: Information Sources: Timeline: Clallam County /City of Port Angeles Clallam County All cities Tribes Port of Port Angeles Public Utility District Schools Water Districts /Purveyors Public Consultant (Henigar Ray Report) Municipal Research Report "The art and Science of Urban Growth Areas Background paper due October 15, 1991; Technical Advisory Group Review October 15th through December 1st; Steering Committee Action January 1, 1992. Task 2: Develop and adopt policies for promotion of contiguous and orderly development and provision of urban services to such development through the collaborative process established in Objective 1. City of Port Angeles Clallam County All cities Tribes Port of Port Angeles Schools Public Unknown Background Paper 1991; Technical Review November Steering Committee 1992. due December 1, Advisory Group February, 1992; Action March 1, Task 3: (a) Establish what facilities are of a County- wide or State -wide nature; (b) Develop and adopt criteria for siting public capital facilities of a County -wide or State -wide nature through the collaborative process established in Objective 1. Responsible Aaencv: Players: Responsible Aaencv: Players: Clallam County (part a) Clallam County /Cities (part b) Clallam County All cities Tribes Port Public Utility District Schools Hospital Districts Library Districts Transit Parks Washington State (DOT, DOC, DSHS, State Parks, Higher Education) Public Information Sources: OFM Parks and Recreation Plans Capital Facility Plans Timeline: Inventory /Survey due November 1, 1991; Background Paper due January 1, 1992; Technical Advisory Group Review December March, 1992; Steering Committee Action April 1, 1992. Task 4: Develop and adopt policies for County -wide transportation facilities and strategies, including rules and linkage with Peninsula Regional Transportation Planning Organization, through the collaborative process established in Objective 1. Clallam County Clallam County All cities Tribes Port Transit Washington State (DOT, Ferries) Public Information Sources: PRTPO WSDOT Policy Plan Airport Regional Plans Timeline: Task 5: Develop and adopt policies that consider the need for affordable housing through the collaborative process established in Objective 1. Responsible Agenct: Players: Information Sources: Timeline: Task 6: Develop and adopt policies for joint County and city planning within urban growth areas and agreed upon planning areas through the collaborative process established in Objective 1. Resoonsible Aa encv: Players: Information Sources: Timeline: Background Paper due March 1, 1992; Technical Advisory Group Review February April, 1992; Steering Committee Action May 1, 1992. Clallam County /City of Port Angeles Clallam County All cities Tribes (Port) Housing Authority Community Action Council Public Clallam- Jefferson Housing Study U.S. Census Background Paper 1991; Technical Review November Steering Committee 1, 1992. Clallam County /all cities Clallam County All cities Public due December 1, Advisory Group January, 1992; Action February Similar agreements in Washington Background Paper due December 15, 1991; Technical Advisory Group Review November January, 1992; Steering Committee Action February 1, 1992. Task 7: Develop and adopt policies for County -wide economic development and employment through the collaborative process established in Objective 1. Responsible Aaencv: Players: Information Sources: Joint task force of Port, County, cities, other Timeline: Task Force Report due Spring, 1992; Steering Committee Action June 1, 1992. Task 8: Develop a fiscal impact analysis through the collaborative process established in Objective 1. Responsible Aaencv: Players: Information Sources: Thurston, Lacey, Olympia Agreement Timeline: Background Paper due April 15, 1992; Technical Advisory Group Review March May, 1992; Steering Committee Action June 1, 1992. Task 9: Develop and adopt policies for coordination of open space corridors pursuant to Section 16 of ESHB 2929. Responsible Aaencv: Planers: Clailam County /all cities Clailam County All cities Special Task Force Tribes Port Public Utility District Schools Public Clallam County Consultant to be determined later Clailam County All cities Port Parks Fire Districts Water Districts Public Utility District Schools Public Clallam County /City of Sequim Clallam County All cities Parks Districts /Offices Tribes Public Urban Growth Area Orderly Development Capital Facilities Transportation Housing Joint Planning Economic Development Fiscal Analysis Open Space SEPA, Hearings Oct Nov Dec Jan TIMELINE OBJECTIVE 2 Feb Mar 1 111111111111111 111111 11 i'::�L�:L:.�i:�j::i� i:r �.i:;:j;i }��•i ::.i::,';.!1: !rf; }:i:: ^:yf;�.�n� 11111110111111 11111 I I I I I 1111111111111 I I I I I Apr May June July 111 11 SYii: }�:•:i: :.,n`• z:3 +,....a ::i, ^;ii is .S}' S ;'r i' {a 2 i }i;i y i ?'i3i:'. -1 111111111111111111 z 11 1 11111 Ilfl II IIIIIIIIIIIIIIIIIIIIIIIII 1 LEGEND ri Research Technical Group Steering Committee PLAN.531 Information Sources: Timeline: Task 10: Adopt a County -wide planning policy by the Clallam County Board of Commissioners and ratify by cities. Prepare SEPA checklist prior to adoption and make threshold determination. Responsible Aaencv: Players: Timeline: ALLOCATION OF GRANT FUNDS Funds provided to implement the Washington State Growth Management Act will be placed in a special account established by the City of Port Angeles and distributed to the jurisdictions in the Clallam County region as follows: Clallam County City of Port Angeles City of Sequim City of Forks Park Plans, GIS, etc. Background Technical $72,641 50,403 30,368 29,658 Critical Area Reports, May 1, 1992; Group Review Paper due Advisory April May, 1992; Steering Committee Action June 1, 1992. Clallam County /cities Clallam County All cities Tribes Public Utility District Schools Public SEPA checklist and determination, May 15, 1992; Steering Committee Action June 15, 1992; Public Hearing June 15, 1992. 5,c Q and INTERGOVERNMENTAL AGREEMENT GROWTH MANAGEMENT ACT FINANCIAL ASSISTANCE PROGRAM 1993 -94 THIS AGREEMENT entered into by and between the City of Port Angeles (hereinafter referred to as "Port Angeles the City of Sequim (hereinafter referred to as "Sequim the City of Forks (hereinafter referred to as "Forks and Clallam County witnesses that: WHEREAS, Clallam County and the cities located within it are mandated to plan in compliance with SHB 2929 (Washington's Growth Management Act, Chapter 17, Laws of 1990), which directs the Department of Community Development (hereinafter referred to as the "Department to establish a program of financial assistance to facilitate the adoption and implementation of comprehensive development regulations throughout the State; and WHEREAS, the parties to this Agreement have designated Port Angeles as the contact and fiscal agent for Growth Management Act financial assistance from the State to Clallam County, Port Angeles, Sequim, and Forks; and WHEREAS, the Department and Port Angeles are entering into an agreement whereby Port Angeles will perform certain tasks related to the proper administration of State Growth Management Act funds being provided to Clallam County, Port Angeles, Sequim, and Forks; WHEREAS, the parties desire to set forth their respective responsibilities for properly spending and accounting for their own share of said funds. 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 reimbursed from the Department and to be administered by Port Angeles are expected to not exceed $183,017. Of this total, it is anticipated that the respective shares of the parties hereto shall be as follows: Clallam County $77,450.61 Port Angeles $50,296.09 Sequim $28,206.82 Forks $27,063.48 2. Service Provisions. Port Angeles agrees to perform the contract requirements of the Department in evaluating, monitoring, and reporting with regard to the expenditure of said funds, as set forth in Contract No. 1- 94- 150004 as entered into between the Department and Port Angeles, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by this reference. Port Angeles also agrees to remit to Clallam County, Sequim, and Forks their respective shares of said funds within ten (10) days after receiving said funds from the Department. Clallam County, Sequim, and Forks agree to use funds provided to them pursuant to the contract set forth in Exhibit "A" solely for activities undertaken to fulfill the requirements of the Growth Management Act and to implement the regional growth manage -ment strategy as described in the Attachment: Scope of Work, which is part of Exhibit "A Clallam County, Sequim, and Forks also agree to cooperate with the City in submitting necessary and appro- priate accounting and reporting documents and requesting and veri-fying expenditure of such funds and to cooperate with the Depart-ment by allowing the Department or the State Auditor and any of their representatives to have full access to and the right to examine during normal business hours and as often as the Department or the State Auditor may deem necessary, all records with respect to all matters covered in Exhibit "A" and to permit such representatives to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by Exhibit "A such rights to last for three (3) years from the date final payment is made. Clallam County, Sequim, and Forks also agree to comply with the employment provisions set forth in Exhibit "A 3. Hold Harmless. (a) 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 more than one party hereto, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each such 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. (b) This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities and requirements under this Agreement. The parties also agree that the Department and the State of Washington are not liable for damages or claims for damages arising from any party's performance or activities under the terms of this Agreement. 4. Governing Law and Venue. This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Clallam County, Washington; provided, however, that venue of any suit between the parties and the Department arising out of this Agreement and/or the contract set forth in Exhibit "A" shall be the Superior Court of Thurston County, Washington. 5. Severabilitv. 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 or 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. 6. Recapture Provision. (a) In the event that Clallam County, Sequim, or Forks fails to expend State funds in accordance with State law and /or the provisions of this Agreement and /or the provisions of the contract set forth in Exhibit "A Port Angeles reserves the right to recap -ture State funds in an amount equivalent to the extent of non compliance. (b) Such right of recapture shall exist for a period not to exceed three (3) years following termination of the Agreement. Repayment by any of the parties of State funds under this recapture provision shall occur within thirty (30) days of demand. In the event that Port Angeles is required to institute legal proceedings to enforce the recapture provision, Port Angeles shall be entitled to its costs thereof, including reasonable attorney's fees. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written below. Date of Execution: q� Date of Execution 3, /1g2 Date of Execution: November 2. 1993 Date of Execution: ia r Attachment: Exhibit "A" CITY OF P RT ANGELES Tithe CITY OF SEQUIM CL. LLPM COUNTY Title CITY OF FORKS 7 ATTACHMENT: SCOPE OF WORK CLALLAM COUNTY REGIONAL GROWTH MANAGEMENT STRATEGY To receive the state grant funds, we must submit a multi -year regional growth management strategy. Since much has been accomplished in the previous years, the new strategy provides plan element deadlines beyond those in the strategies of the first three years (see Attachments A, B, C). Urban Growth Areas Fall, 1993 Following County -Wide Planning Policy and draft WAC Rules, County will be analyzing and adopting UGA's by ordinance. UGA's will be incoporated into Comp Plans by each jurisdiction by December 31, 1994. Urban Services Development Agreement July 1, 1994 By Spring 1994 Cities will establish UGA Development Committees to reach US &D Agreements. Capital Facilities Plan July 1, 1994 Each local government, in preparation of comprehensive plans, will be responsible for inventory and planning of capital facilities, including a determination of need for new public capital facilities over the next twenty years. Where capital facilities are planned for urban growth areas, the Cities will have lead responsibility in co- operation with the County. Transportation Plan Element Spring, 1994 By Spring 1994 County will establish Level of Service Standards Task Force to reach agreement on LOS standards. County will explore developing a traffic simulation and forecasting model in coordination with the Cities based on land use assumptions and calibrated to existing traffic patterns. County will identify significant regional rights -of -way needs by July 1, 1994. Housing Plan Element July 1, 1994 By Spring 1994 Cities and /or County will consider establishing Housing Task Forces to coordinate efforts for affordable housing, including low and moderate income housing projects. Any transfer of development rights program within UGA's should be coordinated between Cities and County and incorporated into Comp Plans. Fiscal Impacts Spring, 1994 By Spring 1994 County, Cities, and other public service providers will develop agreed upon strategies for mitigation of the fiscal impacts of Growth Management Act implementation. Future Boundary Review Board and annexation policy will be incorporated into Comp Plans following the County adoption of Urban Growth Areas. Comprehensive Plan July 1, 1994 Required comprehensive plans will be adopted by the individual jurisdiction in coordination with each other according to the County -Wide Planning Policy. Urban growth areas will be designated using twenty -year population projections. Consistent standards and jointly- adopted land use plans and interlocal agreements or memoranda of understanding will be developed for these areas. Development Regulations December 31, 1994 Implementing regulations consistent with the Growth Management Act, County -Wide Planning Policy, and adopted Comp Plans will be adopted by individual jurisdictions. Public Participation Ongoing Each jurisdiction will be responsible for establishing procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The County and each City shall provide appropriate opportunities for the neighboring jurisdiction and service providers to participate in the preparation of comprehensive plans and development regulations early in the planning process and at other times during the public review and comment period. Ast 6, 1992 .O: GROWTH MANAGEMENT STEERING COMMITTEE FROM: TECHNICAL ADVISORY GROUP RE: JULY 1, 1992, TO JUNE 30, 1993, MULTI -YEAR REGIONAL GROWTH MANAGEMENT FUNDING STRATEGY The State Legislature has granted $150,712 to Clallam County and the Cities of Forks, Port Angeles, and Sequim for implementation of the Growth Management Act from July 1, 1992, to June 30, 1993. This amount is approximately 21% less than the $183,070 grant for 1991 -92 and is below the $156,312 grant for 1990 -91. Following the same allocation formula for the previous grants, the 1992 -93 funding for each jurisdiction is: Clallam County $21,875 $36,650.32 $58,525.32 Forks $21,875 3,489.30 $25,364.30 Port Angeles $21,875 $18,995.21 $40,870.21 Sequim $21,875 4,077.17 $25,952.17 To receive the state grant funds, we must submit a multi -year regional growth management strategy (see Attachment A). Since much has been accomplished in the past year including the County -Wide Planning Policy, the new strategy provides plan element details and deadlines beyond those in the strategies of the first two years (see Attachments B C). Urban Growth Areas Spring 1993 Following County -Wide Planning Policy and draft WAC Rules, County will be analyzing and adopting UGA's by resolution. UGA's will be incoporated into Comp Plans by each jurisdiction by December 31, 1993. Urban Services Development Agreement JU1y 1, 1993 By Spring 1993 Cities will establish UGA Development Committees to reach US &D Agreements. Capital Facilities Plan JLily 1, 1993 Each local government, in preparation of comprehensive plans, will be responsible for inventory and planning of capital facilities, including a determination of need for new public capital facilities over the next twenty years. Where capital facilities are planned for urban growth areas, the Cities will have lead responsibility in co- operation with the County. Transportation Plan Element Summer 1993 By Fall 1992 County will establish Level of Service Standards Task Force to reach agreement on LOS standards. County will develop a traffic simulation and forecasting model in coordination with the Cities based on land use assumptions and calibrated to existing traffic patterns. County will identify significant regional rights -of -way needs by July 1, 1994. Housing Plan Element J1ily 1, 1993 By Fall 1992 Cities and /or County will establish Housing Task Forces to coordinate efforts for affordable housing, including low and moderate income housing projects. Any transfer of development rights program within UGA's should be coordinated between Cities and County and incorporated into Comp Plans. Fiscal Impacts Spring 1993 By Fall 1992 County, Cities, and other public service providers will develop agreed upon strategies for mitigation of the fiscal impacts of Growth Management Act implementation. Future Boundary Review Board and annexation policy will be incorporated into Comp Plans following the County adoption of Urban Growth Areas by Spring 1993. Comprehensive Plan December 31, 1993 Required comprehensive plans will be adopted by the individual jurisdiction in coordination with each other according to the County -Wide Planning Policy. Urban growth areas will be designated using twenty -year population projections. Consistent standards and jointly- adopted land use plans and interlocal agreements or memoranda of understanding will be developed for these areas. Development Regulations December 31, 1994 Implementing regulations consistent with the Growth Management Act, County -Wide Planning Policy, and adopted Comp Plans will be adopted by individual jurisdictions. Public Participation arigairq Each jurisdiction will be responsible for establishing procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The County and each City shall provide appropriate opportunities for the neighboring jurisdiction and service providers to participate in the preparation of comprehensive plans and development regulations early in the planning process and at other times during the public review and comment period. RESOURCE LANDS CLALLAM COUNTY REGIONAL GROWTH MANAGEMENT STRATEGY GOVEFNMENTAL FRAMEWORK The City of Port Angeles will act as the contact and fiscal agent for the Growth Management Act financial assistance from the State to Clallam County and the cities of Forks, Sequim, and Port Angeles. There is established in the City Treasury a special revolving fund for the fiscal administration and accounting of State financial assistance monies for the implementation of actions of the mandated jurisdictions in Clallam County in doing or causing to be done the necessary work of Growth Management Act planning. The governmental framework consists of the city Council of each participating City, the Board of County Commissioners, and their respective Planning Commissions. Resource lands have been identified as an issue that affects the Clallam County subregion. The County will be responsible for identifying resource lands. A joint citizen task force will be appointed by the cities and the County. Lead Responsibility: Clallam County Target Dates: CRITICAL AREAS Critical areas will be addressed by each jurisdiction individually and coordinated on the subregion level. In order to efficiently utilize resources and education the public, Clallam County, on behalf of all the jurisdictions, will apply for a wetland protection grant from the Department of Ecology to address public education and individual wetland strategies and ordinances. Lead Responsibility: Each jurisdiction Target Dates: ATTACHMENT: SCOPE OF WORK Work plan by February inventory by May 1, 1991; recommendations by July regulations adopted by 1992. ATTA GtfrAZiNst 13 1, 1991; task force 1, 1991; March 1, Designations or definitions by July 1, 1991; interim regulations adopted by March 1, 1992. CAPITAL FACILITIES PLANNING Capital facilities planning is an issue affecting the sub regional level. In developing sub regional and local comprehensive plans, close coordination with special purpose districts with capital facility planning authority will be maintained. Each local government, in preparation of the comprehensive plans, will be responsible for inventory and planning of capital facilities. Where capital facilities are planned for urban growth areas, the City will have lead responsibility in cooperation with the County. COMPREHENSIVE PLANS Required comprehensive plans will be adopted by the individual jurisdictions in coordination with each other. Urban growth areas will be designated using twenty -year population projections. Consistent standards and jointly adopted land use plans and interlocal agreements or memoranda of understanding will be developed for these areas. The following issues will be addressed jointly by the cities and the County for the urban growth areas: transportation (arterials), urban growth boundaries, capital facility plans, housing for low and moderately incomed persons, open space and recreation, public services, and land use designations. HOUSING Lead Responsibility: Target Dates: Lead Responsibility: Each jurisdiction Target Dates: Each jurisdiction /cities for urban growth areas Work plan by July 1, 1991; inventory by July 31, 1992; plan by July 1, 1993; implementation by July 1, 1994. Memoranda of Understanding between each city and the County on planning approach by July 1, 1992. Housing affects the region as a whole, the sub regions, and individual jurisdictions, and close coordination and joint planning will be accomplished. Each jurisdiction will be responsible for developing its housing plans; ways to coordinate the tasks will be developed at a later date. Lead Responsibility: Each jurisdiction Target Dates: Begin by July 1, 1991. CLALLAM COUNTY REGIONAL GROWTH MANAGEMENT STRATEGY GOVERNMENTAL FRAMEWORK The city of Port Angeles will act as the contact and fiscal agent for the Growth Management Act financial assistance from the state to the Clatlam County and the cities of Forks, Sequim, and Port Angeles. There is established in the city treasury a special revolving fund for the fiscal administration and accounting of state financial assistance monies for the implementation of actions of the mandated jurisdictions in Clatlam County in doing or causing to be done the necessary work of Growth Management Act planning. The governmental framework consists the city councils of each participating city, the board of county commissioners, and their respective planning commissions. RESOURCE LANDS Resource lands have been identified as an issue that affects the Clatlam County subregion. The county will be responsible for identifying resource lands. A joint citizen task force will be appointed by the cities and the county. Lead Responsibility: Clatlam County Target Dates: CRITICAL AREAS Lead Responsibility: ATTACHMENT: SCOPE OF WORK It c Work plan by February 1, 1991; inventory by May 1, 1991; task force recommendations by July 1, 1991; regulations adopted by September 1, 1991 Critical areas will be addressed by each jurisdiction individually and coordinated on the subregion level. In order to efficiently utilize resources and educate the public, Clatlam County, on behalf of all the jurisdictions, will apply will apply for a wetland protection grant from the Department of Ecology to address public education and individual wetland strategies and ordinances Each jurisdiction Target Dates: Designations or definitions by July 1, 1991; interim regulations adopted by September 1, 1991 CAPITAL FACILITIES PLANNING Capital facilities planning is an issue affecting the sub- regional level. In developing sub regional and local comprehensive plans, close coordination with special purpose districts with capital facility planning authority will be maintained. Each local government, in preparation of the comprehensive plans, will be responsible for inventory and planning of capital facilities. Where capital facilities are planned for urban growth areas, the city will have lead responsibility in cooperation with the county. HOUSING Lead Responsibility: Each jurisdiction /cities for urban growth areas Target Dates: COMPREHENSIVE PLANS Required comprehensive plans will be adopted by the individual jurisdictions in coordination with each other. Urban growth areas will be designated using twenty year population projections. Consistent standards and jointly- adopted land use plans and interlocal agreements or memoranda of understanding will be developed for these areas. The following issues will be addressed jointly by the cities and the county for the urban growth areas: transportation (arterials), urban growth boundaries, capital facility plans, housing for low and moderately incomed persons, open space and recreation, public services, and land use designations. Lead Responsibility: Each jurisdiction Lead Responsibility: Each jurisdiction Target Dates: Begin by July 1, 1991 Work plan by July 1, 1991; inventory by July 31, 1992; plan by July 1, 1993; implementation by July 1, 1994 Target Dates: Memoranda of Understanding between each city and the county on planning approach by July 1, 1991 Housing affects the region as a whole, the subregions, and individual jurisdictions, and close coordination and joint planning will be accomplished. Each jurisdiction will be responsible for developing its housing plans; ways to coordinate the tasks will be developed at a later date. INTERGOVERNMENTAL AGREEMENT WASHINGTON STATE DEPARTMENT OF COMMUNITY DEVELOPMENT CONTRACT NUMBER: 1 -93 -15004 r This AGREEMENT, entered into by and between the City of Port Angeles (hereinafter referred to as the CITY) and the Washington State Department of Community Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.63A.065 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 to administer a program of financial assistance and incentives to counties and cities 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 CITY to perform certain tasks as hereinafter agreed by both parties. 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 reimbursed to the CITY for the agreement period shall not exceed one hundred fifty thousand seven hundred twelve dollars ($150,712). 2. SERVICE PROVISIONS Funds provided to the CITY under this AGREEMENT shall be used solely for activities undertaken to fulfill the requirements of the Growth Management Act and to implement the regional growth management strategy as described in ATTACHMENT: SCOPE OF WORK, which, by this reference, is made a part of this AGREEMENT. 3. AGREEMENT PERIOD The effective date of this AGREEMENT shall be July 1, 1992. The termination date shall be June 30, 1993. 1 4. REIMBURSEMENT PROVISIONS The CITY shall submit an invoice voucher (Form A -19) to the DEPARTMENT at the beginning of each quarter. Within ten (10) days after receiving and approving the voucher, the DEPARTMENT shall remit to the CITY a warrant for an amount equal to one quarter (to the nearest dollar) of the total amount to be remitted to the county under this AGREEMENT. The final voucher must be submitted prior to June 30, 1993. 5. EVALUATION AND MONITORING (a) When requesting payment, the CITY shall file a brief report with the DEPARTMENT indicating how the funds have been or will be spent to meet the objectives described in the ATTACHMENT: SCOPE OF WORK. The CITY shall cooperate with and freely participate in any other monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this AGREEMENT. (b) The DEPARTMENT or the State Auditor and any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CITY'S records with respect to all matters covered in this AGREEMENT. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this AGREEMENT. Such rights last for three (3) years from the date final payment is made. 6. ANNUAL REPORTING The CITY shall remit to the DEPARTMENT an annual report containing information sufficient for the DEPARTMENT to adequately and accurately assess the progress made by each jurisdiction in implementing the State Growth Management Act. This report shall be submitted to the DEPARTMENT no later than January 1, 1993. 7. EMPLOYMENT PROVISIONS There shall be no discrimination against any employee who is paid by the funds indicated in the AGREEMENT or against any applicant for such employment because of race, religion, color, sex, age, handicap, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay -off or termination, rates of pay or other forms of compensation, and selection for training. 8. AGREEMENT MODIFICATIONS The DEPARTMENT and the CITY may, from time to time, request changes in services to be performed with the funds. Any such changes that are mutually agreed upon by the DEPARTMENT and 2 the CITY 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. 9. TERMINATION OF AGREEMENT (a) If, through any cause, the CITY shall fail to fulfill in a timely and proper manner its obligations under this AGREEMENT, or if the CITY 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 submitting written notice to the CITY describing such default or violation. (b) 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 CITY and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination, shall be as the DEPARTMENT reasonably determines. 10. 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. 11. HOLD HARMLESS (a) 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 CITY, 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. 3 (b) This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this AGREEMENT. Each contract 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 subcontractor's performance or activities under the terms of the contracts. 12. GOVERNING LAW AND VENUE The AGREEMENT shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. Venue of any suit between the parties arising out of this AGREEMENT shall be the Superior Court of Thurston County, Washington. 13. 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 or 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. 14. RECAPTURE PROVISION (a) In the event that the CITY fails to expend State funds in accordance with State law and /or the provisions of this AGREEMENT, the DEPARTMENT reserves the right to recapture State funds in an amount equivalent to the extent of noncompliance. (b) Such right of recapture shall exist for a period not to exceed three (3) years following termination of the AGREEMENT. Repayment by the CITY 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. 15. 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. 16. ADMINISTRATION (a) The DEPARTMENT'S representative shall be Nick Turnbull. 4 IN WITNESS WHEREOF, the DEPARTMENT and the CITY have executed this AGREEMENT as of the date and year written below. Tim` Arnold, Assistant Director —CI T flames D Hallett, Mayor Department of Community Development /,2_ /Ca �i z-- 1 APPROVED AS TO FORM: APPROVED AS TO FORM: Date: Assistant fi:torndk General Date: (b) The CITY'S representative shall be Bradley J. Collins. 7 5 Date: X Craig D. Knutson, Cit Attorney Date: ATTACHMENT: SCOPE OF WORK CLALLAM COUNTY REGIONAL GROWTH MANAGEMENT STRATEGY Urban Growth Areas Spring 1993 Following County -Wide Planning Policy and draft Washington Administrative Code rules, the county will be analyzing and adopting Urban Growth Areas by resolution. Urban Growth Areas will be incorporated into comprehensive plans by each jurisdiction by December 31, 1993. Urban Services Development Aareement July 1, 1993 By Spring 1993, the cities will establish Urban Growth Area Development Committees to adopt Urban Services and Development Agreements. Capital Facilities Plan July 1, 1993 Each local government, in preparation of comprehensive plans, will be responsible for inventory and planning of capital facilities, including a determination of need for new public capital facilities over the next twenty years. Where capital facilities are planned for urban growth areas, the cities will have the lead responsibility in cooperation with the county. Transportation Plan Element Summer 1993 By Fall 1992, the county will establish a Level of Service Standards Task Force to reach agreement on level of service standards. The county will develop a traffic simulation and forecasting model in coordination with the cities based on land use assumptions and calibrated to existing traffic patterns. The county will identify significant regional rights -of -way needs by July 1, 1994. Housina Plan Element July 1, 1993 By Fall 1992, the cities and the county will establish Housing Task Forces to coordinate efforts for affordable housing including low and moderate income housing projects. Any transfer of development rights program within Urban Growth Areas will be coordinated between the cities and the county and incorporated into coprehensive plans. Fiscal Impacts Spring 1993 By Fall 1992, the county, the cities, and other public service providers will develop agreed -upon strategies for the mitigation of the fiscal impacts of implmenting the Growth Management Act. Future Boundary review Board and annexation policy will be incorporated into comprehensive plans following the county's adoption of Urban Growth Areas by Spring 1993. Comprehensive Plans July 1, 1993 Every effort will be made by the jurisdctions to develop and adopt the required comprehensive plans in time for the statutory deadline. However, it is recognized that this may not be fully possible because of the complexity of the issues concerning growth management, the difficulty in meeting all the requirements if the state act, and the lack of all the necessary resources needed to implement them. The jurisdictions will coordinate with each other according to the County -Wide Planning Policy. Urban Growth Areas will be designated using twenty -year population projections. Consistent standards and jointly- adopted land use plans and interlocal agreements or memoranda of understanding will be developed for these areas. Development ]Regulations July 1, 1994 Jurisdictions will work towards developing and adopting development regulations within a year after adopting the comprehensive plans,recognizing that this might not be completely successful because of the limited resources available and the complexity of the issues involved in growth management resources in implementing regulations consistent with the Growth Management Act, jurisdictions will use the County -Wide Planning Policy and adopted comprehensive plans. Public Participation Ongoing Each jurisdiction will be responsible for establishing procedures that provide for early and continuous public participation in the development and amendment of comprehensive land use pland and the development regulations for implementing those plans. The county and each city shall provide appropriate opportunities for the neighboring jurisdiction and service providers to participate in the preparation of comprehensive plans and development regulations early in the planning process and at other times during the public review and comment period Distribution of Funds Ongoing Funds provided by the Department of Community Development to A the Clallam County Region to implement the Washington State Growth Management Act will be placed in a special account established by the City of Port Angeles and distributed to the jurisdictions in the county as follows: Clallam County City of Forks City of Port Angeles City of Sequim $58,525.32 $25,364.30 $40,870.21 $25,952.17 INTERGOVERNMENTAL AGREEMENT WASHINGTON STATE DEPARTMENT OF COMMUNITY DEVELOPMENT Contract Number 1 -92- 150004 This AGREEMENT, entered into by and between the City of Port Angeles (hereinafter referred to as the CITY) and the Washington State Department of Community Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.63A.065 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 Legislature has enacted SHB 2929 (Washington's Growth Management Act, Chapter 17, Laws of 1990) which directs the DEPARTMENT to establish a program of financial assistance to facilitate the adoption and implementation of comprehensive and development regulations throughout the state; and WHEREAS, the DEPARTMENT hereby desires to engage the CITY to perform certain tasks as hereinafter agreed upon by both parties; 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 reimbursed to the CITY for the agreement period shall not exceed $150,712 (one hundred fifty seven hundred and twelve dollars). 2. SERVICE PROVISIONS Funds provided to the CITY under this AGREEMENT shall be used solely for activities undertaken to fulfill the requirements of the Growth Management Act and to implement the regional growth management strategy as described in ATTACHMENT: SCOPE OF WORK, which, by this reference, is made a part of this AGREEMENT. 3. AGREEMENT PERIOD The effective date of this AGREEMENT shall be July 1, 1992. The termination date shall be June 30, 1993. 4. REIMBURSEMENT PROVISIONS The CITY shall submit an invoice voucher (Form A -19) to the DEPARTMENT at the beginning of each quarter. Within ten (10) days after receiving and approving the voucher, the DEPARTMENT shall remit to the CITY a warrant for an amount equal to one quarter (to the nearest dollar) of the total amount to be remitted to the county under this AGREEMENT. The final voucher must be submitted prior to June 30, 1993. 5. EVALUATION AND MONITORING (a) When requesting payment, the CITY shall file a brief report with the DEPARTMENT indicating how the funds have been or will be spent to meet the objectives described in the ATTACHMENT: SCOPE OF WORK. The CITY shall cooperate with and freely participate in any other monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this AGREEMENT. (b) The DEPARTMENT or the State Auditor and any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CITY'S records with respect to all matters covered in this AGREEMENT. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this AGREEMENT. Such rights last for three (3) years from the date final payment is made. 6. ANNUAL REPORTING The CITY shall remit to the DEPARTMENT an annual report containing information sufficient for the DEPARTMENT to adequately and accurately assess the progress made by each jurisdiction in implementing the State Growth Management Act. This report shall be submitted to the DEPARTMENT no later than January 1, 1993. 7. EMPLOYMENT PROVISIONS There shall be no discrimination against any employee who is paid by the funds indicated in the AGREEMENT or against any applicant for such employment because of race, religion, color, sex, age, handicap, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay -off or termination, rates of pay or other forms of compensation, and selection for training. 8. AGREEMENT MODIFICATIONS The DEPARTMENT and the CITY may, from time to time, request changes in services to be performed with the funds. Any such changes that are mutually agreed upon by the DEPARTMENT and the CITY shall be incorporated herein by written amendment to this AGREEMENT. It is mutually agreed and understood that no 4. REIMBURSEMENT PROVISIONS The CITY shall submit an invoice voucher (Form A -19) to the DEPARTMENT at the beginning of each quarter. Within ten (10) days after receiving and approving the voucher, the DEPARTMENT shall remit to the CITY a warrant for an amount equal to one quarter (to the nearest dollar) of the total amount to be remitted to the county under this AGREEMENT. The final voucher must be submitted prior to June 30, 1993. 5. EVALUATION AND MONITORING (a) When requesting payment, the CITY shall file a brief report with the DEPARTMENT indicating how the funds have been or will be spent to meet the objectives described in the ATTACHMENT: SCOPE OF WORK. The CITY shall cooperate with and freely participate in any other monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this AGREEMENT. (b) The DEPARTMENT or the State Auditor and any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CITY'S records with respect to all matters covered in this AGREEMENT. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this AGREEMENT. Such rights last for three (3) years from the date final payment is made. 6. ANNUAL REPORTING The CITY shall remit to the DEPARTMENT an annual report containing information sufficient for the DEPARTMENT to adequately and accurately assess the progress made by each jurisdiction in implementing the State Growth Management Act. This report shall be submitted to the DEPARTMENT no later than January 1, 1993. 7. EMPLOYMENT PROVISIONS There shall be no discrimination against any employee who is paid by the funds indicated in the AGREEMENT or against any applicant for such employment because of race, religion, color, sex, age, handicap, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay -off or termination, rates of pay or other forms of compensation, and selection for training. 8. AGREEMENT MODIFICATIONS The DEPARTMENT and the CITY may, from time to time, request changes in services to be performed with the funds. Any such changes that are mutually agreed upon by the DEPARTMENT and the CITY 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. 9. TERMINATION OF AGREEMENT (a) If, through any cause, the CITY shall fail to fulfill in a timely and proper manner its obligations under this AGREEMENT, or if the CITY 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 submitting written notice to the CITY describing such default or violation. (b) 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 CITY and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination, shall be as the DEPARTMENT reasonably determines. 10. 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. 11. HOLD HARMLESS (a) 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 CITY, 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. (b) This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this AGREEMENT. Each contract 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 subcontractor's performance or activities under the terms of the contracts. 12. GOVERNING LAW AND VENUE The AGREEMENT shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. Venue of any suit between the parties arising out of this AGREEMENT shall be the Superior Court of Thurston County, Washington. 13. 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 or 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. 14. RECAPTURE PROVISION (a) In the event that the CITY fails to expend State funds in accordance with State law and /or the provisions of this AGREEMENT, the DEPARTMENT reserves the right to recapture State funds in an amount equivalent to the extent of noncompliance. (b) Such right of recapture shall exist for a period not to exceed three (3) years following termination of the AGREEMENT. Repayment by the CITY 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. 15. 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. 16. ADMINISTRATION (a) The DEPARTMENT'S representative shall be Nick Turnbull. (b) The CITY'S representative shall be Bradley J. Collins. IN WITNESS WHEREOF, the DEPARTMENT and the CITY have executed this AGREEMENT as of the date and year written below. Tim Arnold, Assistant Director Department of Community Development mes D' Hallett, Mayor Date: Date: rm /0 I APPROVED AS TO FORM: APPROVE AS TO FORM: Assistant Attorney General Craig D.' nutson, City Attorney Date: Date: 2)0+ I qq, INTERGOVERNMENTAL AGREEMENT WASHINGTON STATE DEPARTMENT OF COMMUNITY DEVELOPMENT CONTRACT NUMBER: 1 -92 -15004 This AGREEMENT, entered into by and between the City of Port Angeles (hereinafter referred to as the CITY) and the Washington State Department of Community Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.63A.065 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 to administer a program of financial assistance and incentives to counties and cities 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 CITY to perform certain tasks as hereinafter agreed by both parties. 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 reimbursed to the CITY for the agreement period shall not exceed one hundred eighty -three thousand seventy dollars ($183,070). 2. SERVICE PROVISIONS Funds provided to the CITY under this AGREEMENT shall be used solely for activities undertaken to fulfill the requirements of the Growth Management Act and to implement the regional growth management strategy as described in ATTACHMENT: SCOPE OF WORK, which, by this reference, is made a part of this AGREEMENT. 3. AGREEMENT PERIOD The effective date of this AGREEMENT shall be July 1, 1991. The termination date shall be June 30, 1992. 1 4. REIMBURSEMENT PROVISIONS The CITY shall submit an invoice voucher (Form A -19) to the DEPARTMENT at the beginning of each quarter. Within ten (10) days after receiving the voucher, the DEPARTMENT shall remit to the CITY a warrant for an amount equal to one quarter of the total amount to be remitted to the CITY under this AGREEMENT. The final voucher must be submitted no later than July 16, 1992. 5. EVALUATION AND MONITORING A. The CITY shall cooperate with and freely participate in any other monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this AGREEMENT. B. The DEPARTMENT or the State Auditor and any of their representatives shall have full access to and the right to examine during normal business hours and as often as. the DEPARTMENT or the State Auditor may deem necessary, all the CITY'S records with respect to all matters covered in this AGREEMENT. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this AGREEMENT. Such rights last for three years from the date final payment is made hereunder. 6. EMPLOYMENT PROVISIONS There shall be no discrimination against any employee who is paid by the funds indicated in the AGREEMENT or against any applicant for such employment because of race, religion, color, sex, age, handicap, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay -off or termination, rates of pay or other forms of compensation, and selection for training. 7. AGREEMENT MODIFICATIONS The DEPARTMENT and the CITY may, from time to time, request changes in services to be performed with the funds. Any such changes that are mutually agreed upon by the DEPARTMENT and the CITY 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. 2 8. TERMINATION OF AGREEMENT A. If, through any cause, the CITY shall fail to fulfill in a timely and proper manner its obligations under this AGREEMENT, or if the CITY 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 submitting written notice to the CITY describing such default or violation. B. 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 CITY, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination, shall be as the DEPARTMENT reasonably determines. 9. 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. 10. HOLD HARMLESS A. 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 CITY, 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. B. This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this AGREEMENT. Each contract 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 3 any subcontractor's performance or activities under the terms of the contracts. 11. GOVERNING LAW AND VENUE The AGREEMENT shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this AGREEMENT shall be the superior court of Thurston County, Washington. 12. 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 or 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. 13. RECAPTURE PROVISION A. In the event that the CITY fails to expend state funds in accordance with state law and /or the provisions of this AGREEMENT, the DEPARTMENT reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. B. Such right of recapture shall exist for a period not to exceed three (3) years following termination of the AGREEMENT. Repayment by the CITY 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. 14. 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. 15. ADMINISTRATION A. The DEPARTMENT'S representative shall be Nick Turnbull. B. The CITY'S representative shall be 4 IN WITNESS WHEREOF, the DEPARTMENT and the CITY have executed this AGREEMENT as of the date and year written below. Date: APPROVED AS TO FORM: Date: Tim Arnold, As' istltnt Dir6ctor Department of Community Development ,)4 Assistant Attorney General a a -q2- t r-6%-.6ka/‘63-e C(AY Joan K. argent, Mayor Date: 0- !'7 A'.`ROVED AS TO FORM: ,44‘ did ,g&/ D. Knutson City Attorney Date: /02/afr EXHIBIT "A" GOVERNMENTAL FRAMEWORK The City of Port Angeles will act as the contact and fiscal agent for the Growth Management Act financial assistance from the State to Clallam County and the cities of Forks, Sequim, and Port Angeles. There is established in the City Treasury a special revolving fund for the fiscal administration and accounting of State financial assistance monies for the implementation of actions of the mandated jurisdictions in Clallam County in doing or causing to be done the necessary work of Growth Management Act planning. The governmental framework consists of the City Council of each participating City, the Board of County Commissioners, and their respective Planning Commissions. RESOURCE LANDS Resource lands have been identified as an issue that affects the Clallam County subregion. The County will be responsible for identifying resource lands. A joint citizen task force will be appointed by the cities and the County. Lead Responsibility: Clallam County Target Dates: CRITICAL AREAS CLALLAM COUNTY REGIONAL GROWTH MANAGEMENT STRATEGY Critical areas will be addressed by each jurisdiction individually and coordinated on the subregion level. In order to efficiently utilize resources and education the public, Clallam County, on behalf of all the jurisdictions, will apply for a wetland protection grant from the Department of Ecology to address public education and individual wetland strategies and ordinances. Lead Responsibility: Target Dates: ATTACHMENT: SCOPE OF WORK Work plan by February 1, 1991; inventory by May 1, 1991; task force recommendations by July 1, 1991; regulations adopted by March 1, 1992. Each jurisdiction Designations or definitions by July 1, 1991; interim regulations adopted by March 1, 1992. CAPITAL FACILITIES PLANNING Capital facilities planning is an issue affecting the sub regional level. In developing sub regional and local comprehensive plans, close coordination with special purpose districts with capital facility planning authority will be maintained. Each local government, in preparation of the comprehensive plans, will be responsible for inventory and planning of capital facilities. Where capital facilities are planned for urban growth areas, the City will have lead responsibility in cooperation with the County. Lead Responsibility: Target Dates: COMPREHENSIVE PLANS Lead Responsibility: Each jurisdiction HOUSING Required comprehensive plans will be adopted by the individual jurisdictions in coordination with each other. Urban growth areas will be designated using twenty -year population projections. Consistent standards and jointly- adopted land use plans and interlocal agreements or memoranda of understanding will be developed for these areas. The following issues will be addressed jointly by the cities and the County for the urban growth areas: transportation (arterials), urban growth boundaries, capital facility plans, housing for low and moderately incomed persons, open space and recreation, public services, and land use designations. Target Dates: Each jurisdiction /cities for urban growth areas Work plan by July 1, 1991; inventory by July 31, 1992; plan by July 1, 1993; implementation by July 1, 1994. Memoranda of Understanding between each city and the County on planning approach by July 1, 1992. Housing affects the region as a whole, the sub- regions, and individual jurisdictions, and close coordination and joint planning will be accomplished. Each jurisdiction will be responsible for developing its housing plans; ways to coordinate the tasks will be developed at a later date. Lead Responsibility: Each jurisdiction Target Dates: Begin by July 1, 1991. COUNTY -WIDE PLANNING POLICY Adoption by the County legislative authority and ratification by the Cities of a County -wide planning policy pursuant to Section 2 of the 1991 amendments to the Growth Management Act which establishes a framework from which County and City comprehensive plans are developed and adopted pursuant to the Growth Management Act. The approach to this collaborative process will include three basic steps: (1) development of background policy papers based on research and experience by staff or consultant as identified under Objective 2 (Responsible Agency) (2) review and comment by technical staff (Technical Advisory Group) of participating jurisdictions, including special purpose districts, schools and tribes; and (3) review and recommendation to each individual jurisdiction by a Steering Committee of the Cities and the County. OBJECTIVE 1: Establish a collaborative process that will provide a framework for adoption of a County -wide planning policy. The collaborative process will outline future provisions related to determining desired planning policy outcomes, deadlines, ratification of any final agreements, and financing of the activities. Task 1: Convene monthly meetings between County and cities to establish and implement collaborative process for County -wide planning policy and monitoring of outcome of process. Resoonsible Aaencv: Timeline: Clallam County /City of Port Angeles October 1, 1991, initial meeting; meetings continued through July, 1992 Task 2: Adopt Inter -local Agreement or Memorandum of Understanding with Cities on County -wide planning policy process. Resoonsible Aaencv: Clallam County /Cities Timeline: Adoption by October 1, 1991. Task 3: Develop and adopt work plan and staffing/ consultant assignments for implementing the collaborative planning process. Resoonsible Aaencv: Timeline: Clallam County /cities Work plan adopted by October 15, 1991. Task 4: Research cooperative planning policy efforts which have been adopted and implemented within Washington State. Responsible Agency: Clallam County Timeline: Completed by November 1, 1991. Task 5: Develop desired County -wide planning policy areas. Responsible Aaencv: Timeline: Clallam County Steering Committee Action by November 1, 1991. Task 6: Develop and adopt ratification procedure to ensure City and County agreement with County -wide planning policy. Responsible Aaencv: Timeline: Task 7: Pursue dialogue and invite participation of special purpose districts, tribes and schools in the development of County -wide planning policies. Pursue agreement with schools, Port, and PUD to consider ratification of County -wide planning policy in conjunction with City and County ratification procedure. Responsible Aaencv: Clallam County /Cities Timeline: Agreements by December 1, 1991. Task 8: Develop public involvement strategy for education and input regarding purpose, objectives, and intent of County -wide planning policy. Responsible Aaencv: Timeline: City of Forks Action by Steering Committee by November 1, 1991. Clallam County Draft strategy due October 15, 1991; Steering Committee Action November 1, 1991; Implementation October June 1992. OBJECTIVE 2: Implement collaborative process for County -wide planning policy and adopt a County -wide planning policy. Task 1: Develop and adopt policies for the designation and implementation of urban growth areas in Clallam County through the collaborative process established in Objective 1. Responsible Aaencv: Players: Clallam County /City of Port Angeles Clallam County All cities Tribes Port of Port Angeles Public Utility District Schools Water Districts /Purveyors Public Information Sources: Consultant (Henigar Ray Report) Municipal Research Report "The art and Science of Urban Growth Areas Timeline: Background paper due October 15, 1991; Technical Advisory Group Review October 15th through December 1st; Steering Committee Action January 1, 1992. Task 2: Develop and adopt policies for promotion of contiguous and orderly development and provision of urban services to such development through the collaborative process established in Objective 1. Responsible Aaencv: Players: City of Port Angeles Clallam County All cities Tribes Port of Port Angeles Schools Public Information Sources: Unknown Timeline: Background Paper due December 1, 1991; Technical Advisory Group Review November February, 1992; Steering Committee Action March 1, 1992. Task 3: (a) Establish what facilities are of a County- wide or State -wide nature; (b) Develop and adopt criteria for siting public capital facilities of a County -wide or State -wide nature through the collaborative process established in Objective 1. Responsible Aaencv: Players: Clallam County (part a) Clallam County /Cities (part b) Clallam County All cities Tribes Port Public Utility District Schools Hospital Districts Library Districts Transit Parks Washington State (DOT, DOC, DSHS, State Parks, Higher Education) Public Information Sources: OFM Parks and Recreation Plans Capital Facility Plans Timeline: Inventory /Survey due November 1, 1991; Background Paper due January 1, 1992; Technical Advisory Group Review December March, 1992; Steering Committee Action April 1, 1992. Task 4: Develop and adopt policies for County -wide transportation facilities and strategies, including rules and linkage with Peninsula Regional Transportation Planning Organization, through the collaborative process established in Objective 1. Responsible Agency: Clallam County Players: Clallam County All cities Tribes Port _Transit ,Transit Washington State (DOT, Ferries) Public Information Sources: PRTPO WSDOT Policy Plan Airport Regional Plans Timeline: Task 5: Develop and adopt policies that consider the need for affordable housing through the collaborative process established in Objective 1. Responsible Aa encv: Players: Information Sources: Clallam- Jefferson Housing Study U.S. Census Timeline: Background Paper due December 1, 1991; Technical Advisory Group Review November January, 1992; Steering Committee Action February 1, 1992. Task 6: Develop and adopt policies for joint County and city planning within urban growth areas and agreed upon planning areas through the collaborative process established in Objective 1. Responsible Aa encv: Players: Background Paper due March 1, 1992; Technical Advisory Group Review February April, 1992; Steering Committee Action May 1, 1992. Clallam County /City of Port Angeles Clallam County All cities Tribes (Port) Housing Authority Community Action Council Public Clallam County /all cities Clallam County All cities Public Information Sources: Similar agreements in Washington Timeline: Background Paper due December 15, 1991; Technical Advisory Group Review November January, 1992; Steering Committee Action February 1, 1992. Task 7: Develop and adopt policies for County -wide economic development and employment through the collaborative process established in Objective 1. Responsible Agency: Players: Clallam County /all cities Clallam County All cities Special Task Force Tribes Port Public Utility District Schools Public Information Sources: Joint task force of Port, County, cities, other Timeline: Task Force Report due Spring, 1992; Steering Committee Action June 1, 1992. Task 8: Develop a fiscal impact analysis through the collaborative process established in Objective 1. Responsible Aa encv: Clallam County Consultant to be determined later Players: Clallam County All cities Port Parks Fire Districts Water Districts Public Utility District Schools Public Information Sources: Thurston, Lacey, Olympia Agreement Timeline: Background Paper due April 15, 1992; Technical Advisory Group Review March May, 1992; Steering Committee Action June 1, 1992. Task 9: Develop and adopt policies for coordination of space corridors pursuant to "Section 16 o f' ESHB 2929. Responsible Agency: Players: Clallam County /City of Sequim Clallam County All cities Parks Districts /Offices Tribes Public Urban Growth Area Orderly Development Capital Facilities Transportation Housing Joint Planning Economic Development Fiscal Analysis Open Space SEPA, Hearings O ct Nov Dec 1111111 TIMELINE OBJECTIVE 2 Feb 11 Jan �,4/�'�j k .':f i.Y %2 {:X$ J': 5..,v $p Mar 11111111111111111111111 Apr May June July 111111111111111111111111 11111111111111111111111111111111 1111111111 LEGEND Research XI'. Technical Group 11 Steering Committee Information Sources: Park Plans, Critical Area Reports, GIS, etc. Timeline: Background Paper due May 1, 1992; Technical Advisory Group Review April May, 1992; Steering Committee Action June 1, 1992. Task 10: Adopt a County -wide planning policy by the Clallam County Board of Commissioners and ratify by cities. Prepare SEPA checklist prior to adoption and make threshold determination. Responsible Aa encv: Players: Timeline: ALLOCATION OF GRANT FUNDS Funds provided to implement the Washington State Growth Management Act will be placed in a special account established by the City of Port Angeles and distributed to the jurisdictions in the Clallam County region as follows: PLAN.531 Clallam County City of Port Angeles City of Sequim City of Forks Clallam County /cities Clallam County All cities Tribes Public Utility District Schools Public SEPA checklist and determination, May 15, 1992; Steering Committee Action June 15, 1992; Public Hearing June 15, 1992. $72,641 50,403 30,368 29,658 Contract Number 1 -91- 150004 S .250 .5 11 \fl DEC 2 419so INTERGOVERNMENTAL AGREEMENT PLANNING DEPARTMENT WASHINGTON STATE DEPARTMENT OF COMMUNITY DEVELOPMENT This AGREEMENT, entered into by and between the City of Port Angeles (hereinafter referred to as the CITY) and the Washington State Department of Community Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.63A.065 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 Legislature has enacted SHB 2929 (Washington's Growth Management Act, Chapter 17, Laws of 1990) which directs the DEPARTMENT to establish a program of financial assistance to facilitate the adoption and implementation of comprehensive and development regulations throughout the state; and WHEREAS, the DEPARTMENT hereby desires to engage the CITY to perform certain tasks as hereinafter agreed upon by both parties. 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 reimbursed to the CITY for the agreement period shall not exceed $156,329 (one hundred fifty -six thousand three hundred twenty -nine dollars). 2. SERVICE PROVISIONS Funds provided to the CITY under this AGREEMENT shall be used solely for activities undertaken to fulfill the requirements of the Growth Management Act and to implement the regional growth management strategy as described in ATTACHMENT: SCOPE OF WORK, which, by this reference, is made a part of this AGREEMENT. 3. AGREEMENT PERIOD The effective date of this AGREEMENT shall be July 1, 1990. The termination date shall be June 30, 1991. 4. REIMBURSEMENT PROVISIONS The CITY shall submit an invoice voucher (Form A -19) to the DEPARTMENT at the beginning of each quarter. Within ten (10) days after receiving and approving the voucher, the DEPARTMENT shall remit to the CITY a warrant for an amount equal to one quarter (to the nearest dollar) of the total amount to be remitted to the county under this AGREEMENT. The final voucher must be submitted prior to June 30, 1991. 5. EVALUATION AND MONITORING a) When requesting payment, the CITY shall file a brief report with the DEPARTMENT indicating how the funds have been or will be spent to meet the objectives described in the ATTACHMENT: SCOPE OF WORK. The CITY shall cooperate with and freely participate in any other monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this AGREEMENT. b) The DEPARTMENT or the State Auditor and any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CITY'S records with respect to all matters covered in this AGREEMENT. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this AGREEMENT. Such rights last for three years from the date final payment is made. 6. ANNUAL REPORTING The CITY shall remit to the DEPARTMENT an annual report containing information sufficient for the DEPARTMENT to adequately and accurately assess the progress made by each jurisdiction in implementing the state growth management act. This report shall be submitted to the DEPARTMENT no later than January 1, 1991. 7. EMPLOYMENT PROVISIONS There shall be no discrimination against any employee who is paid by the funds indicated in the AGREEMENT or against any applicant for such employment because of race, religion, color, sex, age, handicap, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay -off or termination, rates of pay or other forms of compensation, and selection for training. 8. AGREEMENT MODIFICATIONS The DEPARTMENT and the CITY may, from time to time, request changes in services to be performed with the funds. Any such changes that are mutually agreed upon by the DEPARTMENT and the CITY 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. 9. TERMINATION OF AGREEMENT a) If, through any cause, the CITY shall fail to fulfill in a timely and proper manner its obligations under this AGREEMENT, or if the CITY 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 submitting written notice to the CITY describing such default or violation. b) 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 CITY and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination, shall be as the DEPARTMENT reasonably determines. 10. 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. 11. HOLD HARMLESS a) 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 CITY, 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. b) This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this AGREEMENT. Each contract 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 subcontractor's performance or activities under the terms of the contracts. 12. GOVERNING LAW AND VENUE The AGREEMENT shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this AGREEMENT shall be the superior court of Thurston County, Washington. 13. 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 or 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. 14. RECAPTURE PROVISION a) In the event that the CITY fails to expend state funds in accordance with state law and /or the provisions of this AGREEMENT, the DEPARTMENT reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. b) Such right of recapture shall exist for a period not to exceed three (3) years following termination of the AGREEMENT. Repayment by the CITY 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. 15. 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. 16. ADMINISTRATION a) The DEPARTMENT'S representative shall be Nick Turnbull. b) The CITY'S representative shall be Bradley J. Collins IN WITNESS WHEREOF, the DEPARTMENT and the CITY have executed this AGREEMENT as of the date and year written below. Tim Arnold, Assistant Director` Department of Community Development Date: 12 1 9 APPROVED AS TO FORM: P' if Ass! nt Att y teneral Date: Of CITY Title CJ M ery Date: 17412-/q° CLALLAM COUNTY REGIONAL GROWTH MANAGEMENT STRATEGY GOVERNMENTAL FRAMEWORK The city of Port Angeles will act as the contact and fiscal agent for the Growth Management Act financial assistance from the state to the Clallam County and the cities of Forks, Sequim, and Port Angeles. There is established in the city treasury a special revolving fund for the fiscal administration and accounting of state financial assistance monies for the implementation of actions of the mandated jurisdictions in Clallam County in doing or causing to be done the necessary work of Growth Management Act planning. The governmental framework consists the city councils of each participating city, the board of county commissioners, and their respective planning commissions. RESOURCE LANDS Resource lands have been identified as an issue that affects the Clallam County subregion. The county will be responsible for identifying resource lands. A joint citizen task force will be appointed by the cities and the county. Lead Responsibility: Clallam County Target Dates: CRITICAL AREAS ATTACHMENT: SCOPE OF WORK Critical areas will be addressed by each jurisdiction individually and coordinated on the subregion level. In order to efficiently utilize resources and educate the public, Clallam County, on behalf of all the jurisdictions, will apply will apply for a wetland protection grant from the Department of Ecology to address public education and individual wetland strategies and ordinances Lead Responsibility: Each jurisdiction Work plan by February 1, 1991; inventory by May 1, 1991; task force recommendations by July 1, 1991; regulations adopted by September 1, 1991 Target Dates: Designations or definitions by July 1, 1991; interim regulations adopted by September 1, 1991 CAPITAL FACILITIES PLANNING Target Dates: COMPREHENSIVE PLANS HOUSING Capital facilities planning is an issue affecting the sub regional level. In developing sub regional and local comprehensive plans, close coordination with special purpose districts with capital facility planning authority will be maintained. Each local government, in preparation of the comprehensive plans, will be responsible for inventory and planning of capital facilities. Where capital facilities are planned for urban growth areas, the city will have lead responsibility in cooperation with the county. Lead Responsibility: Each jurisdiction /cities for urban growth areas Required comprehensive plans will be adopted by the individual jurisdictions in coordination with each other. Urban growth areas will be designated using twenty year population projections. Consistent standards and jointly- adopted land use plans and interlocal agreements or memoranda of understanding will be developed for these areas. The following issues will be addressed jointly by the cities and the county for the urban growth areas: transportation (arterials), urban growth boundaries, capital facility plans, housing for low and moderately incomed persons, open space and recreation, public services, and land use designations. Lead Responsibility: Each jurisdiction Lead Responsibility: Each jurisdiction Target Dates: Begin by July 1, 1991 Work plan by July 1, 1991; inventory by July 31, 1992; plan by July 1, 1993; implementation by July 1, 1994 Target Dates: Memoranda of Understanding between each city and the county on planning approach by July 1, 1991 Housing affects the region as a whole, the subregions, and individual jurisdictions, and close coordination and joint planning will be accomplished. Each jurisdiction will be responsible for developing its housing plans; ways to coordinate the tasks will be developed at a later date. A ALLOCATION OF GRANT FUNDS Funds provided to implement the Washington State Growth Management Act will be placed in a special account established by the City of Port Angeles and distributed to the jurisdictions in the Clallam County region as follows: Clallam County $65,100 City of Port Angeles 44,800 City of Sequim 23,600 City of Forks 22,829 RESOLUTION NO. 28 -90 -1- 5.z5o A RESOLUTION of the City of Port Angeles, Washington, endorsing the thrust of the Growth Management Act of 1990, and opposing Initiative 547. WHEREAS, the City of Port Angeles wants to promote orderly and environmentally sensitive growth; and WHEREAS, the 1990 Legislature enacted the State's first comprehensive Growth Management Act (the Act) to guide and integrate local land use, transportation, capital facilities, and economic development planning; and WHEREAS, the Act authorizes cities to charge development impact fees; and WHEREAS, the Act recognizes the diversity of growth management challenges facing Washington's large, urban, small, and rural cities and counties and establishes distinct planning requirements for all cities and counties that vary, depending upon population and growth rates; and WHEREAS, the Act maintains local control and encourages local jurisdictions to coordinate their planning efforts; and WHEREAS, the Legislation constitutes a positive step in an evolving State growth management strategy that will be expanded with additional citizen input, experiences from jurisdictions involved in implementation of the Act, and the recommendations of the Governor and his Growth Strategies Commission; and WHEREAS, Initiative 547 has been put forth that outlines a different approach to growth management; and WHEREAS, this Initiative creates a new State agency granted authority over local land use decisions; and WHEREAS, this Initiative establishes a dangerous precedent of requiring local budgeting and land use plans be in compliance with planning goals that do not allow local plans a chance to update to meet these goals; and WHEREAS, its passage could potentially invalidate numerous environmental protection, transportation, and growth management tools provided to cities during the 1990 Legislative session; and WHEREAS, this Initiative does not adequately recognize planning and economic development distinctions characterized by the diversity of Washington's 268 cities; and WHEREAS, pursuant to RCW 42.17.190(4)(a) the City Council may vote upon a resolution to support or oppose an initiative to the legislature so long as members of the public are given an approximately equal opportunity to express an opposing view, which opportunity the City Council has provided by conducting a public hearing prior to the consideration of this Resolution; NOW, THEREFORE, BE IT RESOLVED that the City of Port Angeles strongly endorses the thrust of the Growth Management Act of 1990 as an essential and responsible series of planning and interlocal coordination measures that as implemented, will help direct community, regional, and Statewide efforts to enhance Washington's quality of life, environmental protection, and economic vitality. BE IT FURTHER RESOLVED that the City of Port Angeles: A. Opposes the creation of State -level agencies or panels with limited and selective memberships, such as stipulated in Initiative 547, which are empowered to review and approve or disapprove the substance of local comprehensive plans and associated development regulations; and B. Opposes Initiative 547 because it will further delay implementation of Growth Management policies and regulations in the fastest growing jurisdictions by altering timelines and local -2- activities now underway to implement the Act and threatens to invalidate other environmental protection, transportation, and growth management tools granted to cities during the 1990 Legislative session; and C. Opposes Initiative 547 because it subjects every local land use and capital budget decision to unnecessary legal litigation. D. Opposes Initiative 547 and its Statewide mandatory planning provisions which would establish the same planning requirements in all cities, regardless of size, location, and growth rates; and BE IT FURTHER RESOLVED that the City of Port Angeles supports the continued efforts of the Washington Growth Commission to further strengthen the Act through its recommendations. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16th day of October, 1990. ATTEST: Becky J4 Upton, C ty Clerk APPR PUBLISHED: PLAN.389 D AS TO FORM: N/A Craig D?SKnttson, City Attorney -3- G MAYOR U RESOLUTION NO. 29 -90 A RESOLUTION of the City of Port Angeles establishing a multi -year strategy for implementing the Growth Management Act of 1990 and allocating financial assistance monies provided by the State of Washington for mandated planning activities from July 1, 1990, to June 30, 1991. 5.2.S Cs WHEREAS, the State of Washington has enacted Engrossed Substitute House Bill 2929, known as the Growth Management Act of 1990, mandating comprehensive planning by city and county governments consistent with the Act; and WHEREAS, the State of Washington has provided financial assistance to jurisdictions mandated or opting to comply with all provisions of the Act; and WHEREAS, a grant program has been developed and will be administered by the Washington State Department of Community Development; and WHEREAS, an allocation of grant funds to implement first year Growth Management Act planning activities for the Clallam County area has been made in the amount of $156,329; and WHEREAS, these funds will be released by the State of Washington to the Cities of Port Angeles, Forks, and Sequim, and Clallam County upon completion of a multi -year regional strategy agreed to by a majority of these jurisdictions; and WHEREAS, the City of Port Angeles wants to promote orderly and environmentally sensitive growth; and WHEREAS, Clallam County and the Cities of Sequim, Forks, and Port Angeles have endeavored to work cooperatively to implement the Growth Management Act of 1990; NOW, THEREFORE, BE IT RESOLVED by the City of Port Angeles as follows: -1- Section 1. The City of Port Angeles agrees to implement the multi -year regional strategy attached as Exhibit nAn Section 2. The multi -year regional strategy for implementing the Growth Management Act of 1990 will be re- evaluated annually, or as necessary by Initiative 547, and may be amended by the same process and Washington State Department of Community Development requirements under which this agreement was reached. Section 3. Funds distributed on a quarterly basis by the Washington State Department of Community Development to the City of Port Angeles will be delivered forthwith to Clallam County, Sequim, and Forks in the following proportions for the period from July 1, 1990, to June 30, 1991: Clallam County City of Port Angeles City of Sequim City of Forks 65,100 44,800 23,600 22,829 Section 4. The Planning Director of the City of Port Angeles will act as the contact and fiscal agent to the Washington State Department of Community Development on behalf of Clallam County and the Cities of Forks, Sequim, and Port Angeles. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16th day of October, 1990. ATTEST: Becky J UptOn, Ci Clerk APPROVED AS TO FORM: PUBLISHED: PLAN. 3 9 0 Craig D. inutson, City Attorney N/A U M A Y O RU Introduction Exhibit A CLALLAM COUNTY REGIONAL GROWTH MANAGEMENT STRATEGY Purpose: This is the strategy through which Clallam County and the cities within the county- Port Angeles, Forks and Sequim, will work towards providing orderly, coordinated management of growth as intended by the legislature in its enactment of Engrossed Substitute House Bill 2929. This strategy will set the framework for working together, not specific steps that must be accomplished. Overall Planning Strategy: The county, cities, and special purpose districts in Clallam County have not often worked together on coordinated planning problems, except in the areas of water quality, solid waste and economic development. The overall regional growth management strategy, therefore, must first focus on how, and on what issues, general and special purpose governments within Clallam County can work together. Planning issues do not always affect the region as a whole; sometimes they only affect a smaller sub- region or just a local area. Regional issues affect all jurisdictions, tribes and most special purpose districts throughout the county and further. Subregional issues most often would affect the county and one city or urban center, plus affected tribes and special purpose districts. Local issues principally affects only one general purpose government -city or county, and, as appropriate, special purpose districts and tribes. Some issues affect one or more levels of regional concern. For example, housing is a regional issue, but ways to preserve existing neighborhoods is strictly a local concern. The following issues, and which forum they should be addressed in, have been identified through development of this strategy: State Highway Planning State Facilities colleges, prisons, offices Solid Waste Utilities electric, telephone Intergovernmental Cooperation Regional Issues Sub Regional Transportation arterials Urban Growth Area Designations Resource Land Designations Capital Facilities Plans recreation, water, sewer, storm water Housing -low moderate income Open Space Land Use -urban growth area Public Services Page 1 Gallam County Growth Management Strategy Land Use Housing neighborhood preservation Transportation -local streets Rural Element Capital Facilities Public Services Critical Areas Optional Elements Governmental Framework Lead Responsibility. Target Dates: Work Plan: Task Force: Report: City Proposal: City/County: Page 2 Local The existing governmental framework will be used, supplemented with interlocal agreements and /or memorandum's of understanding and joint citizen task force /planning commission review of particular elements to meet the requirements of ESHB 2929. The existing governmental framework consists of three city councils, the board of county commissioners and their respective planning commissions. Regional Approach to Planning Elements Urban Growth Areas: Urban growth areas have been identified as a sub regional issue, affecting all three cities, other urban centers (Clallam Bay /Sekiu, Carlsborg, Joyce) and the county. The cities will take lead responsibility for staff work and urban growth area proposals; the county is responsible for unincorporated urban centers. The lead planning agency will develop a work plan and staffing plan, in cooperation with the county. Citizen task forces will be jointly appointed by the county and each city to propose urban growth areas. The task force and lead planning agency will consider 20 -year population forecast of OFM, service availability and other boundary criteria, which will be developed. The cities, and the county for unincorporated urban centers, will propose urban growth area areas by July 1, 1991. Each city (county for some urban centers) Adopted by December 1, 1990 Appoint by January 1, 1991 Task Force Report by May 1, 1991 July 1, 1991 Begin review process July 1, 1991; review need for interim development regulations; adopt as necessary Transportation: Transportation has been identified as a planning issue that affects all three levels of the region. Highway 101 and 112 are state highways which provide commerce routes to the region. At the same time, these highways are principal arterials for local traffic. The bottleneck at Sequim, and the state highway through Port Angeles, are examples of how the region and local government must address the transportation element. The county and cities have not addressed cooperative transportation planning in the past. The need for coordinated road planning seems most obvious in the growing urban center around Sequim, but is equally important in the other cities and urban centers. Clallam County Growth Management Strategy ESHB 2929 authorizes the formation of Regional Transportation Planning Organizations (RTPO's). The criteria for designation of an RTPO is that it must encompass at least one complete county; have a population of at least 100,000, or contain a minimum of three counties; and have as members all counties within the region, and at least 60% of the cities within the region representing a minimum of 75% of the cities' population. In order for Clallam County to form an RTPO under these criteria, at least two other counties must be part of the agreement. It is logical to include Jefferson County; the other potential members would include Kitsap, Mason and Grays Harbor counties. The county and cities will explore interest in formation of an RTPO under the authority of ESHB 2929. If an RTPO is not logical or feasible, the county and cities will explore other means to address state highway issues, in coordination with the Department of Transportation. On a sub region level, the county and each respective city will address arterial plans cooperatively, particularly in the urban growth area. The city will be the lead planning agency for this requirement. Lead Responsibility. RTPO: Clallam County Arterials: Each city for urban growth areas; county for rural areas and unincorporated urban centers Local Roads: Each respective jurisdiction Target Dates: RTPO: Feasibility by December 1, 1990 Arterials: Work plan by March 1, 1991; begin process by July 1, 1991; complete by July 1, 1992 Local Roads: Complete by July 1, 1993 Resource Lands: Resource lands have been identified as an issue that affects the sub region, although the intent of ESHB 2929 appears to protect resource lands principally outside urban areas. The county will take the lead responsibility in identification of resource lands. A joint citizen task force will be appointed by the city and county. Lead Responsibility Target Dates: Critical Areas: Although certain critical areas, such as aquifer recharge areas and wildlife habitat, may be sub regional issues, wetlands and specific habitat areas, and the degree to which protection may be desired, are local issues. Therefore, critical areas will be addressed by each jurisdiction individually but coordinated on the sub region level. However, in order to efficiently utilize resources and educate the public, Clallam County, on behalf of all jurisdictions, will apply for a wetland protection grant from the Department of Ecology to address public education, individual wetland strategies and ordinances. Lead Responsibility Target Dates: Clallam County Work plan by February 1, 1991; inventory by May, 1991; task force recommendation by July 1, 1991; interim regulations adopted by September 1, 1991 Each jurisdiction Designations or definitions by July 1, 1991; interim regulations adopted by September 1, 1991 Page 3 Clallam County Growth Management Strategy Capital Facilities Planning: Capital facilities planning has been identified as an issue affecting the sub region level. There are special purpose districts with capital facility planning authority, such as the Port of Port Angeles and the Public Utility District. In development of sub region and local comprehensive plans, close coordination with these independent governments must be sought. Each local government, in preparation of the comprehensive plans, will be responsible for inventory and planning of capital facilities. However, where capital facilities are planned for urban growth areas, the city will have lead responsibility in cooperation with the county. Lead Responsibility: Target Dates: Comprehensive Plans: The comprehensive plans required by ESHB 2929 must be adopted individually by each jurisdiction, in coordination with each other. The most critical area where coordination must be addressed is the urban growth area -the area between present city boundaries and the projected urban growth boundary. Urban growth areas are proposed based on 20 -year population projections. It is not feasible to assume that cities will annex or be able to provide services to this growth area immediately upon adoption of the growth area. Property owners, however, may be interested in development of their property within these areas. It is critical to reach agreement between the city and county on planning for these areas. Consistent standards and /or jointly adopted land use plans, interlocal agreements or memorandums of understanding should be developed for these areas. The following issues will be addressed jointly between the cities and county for the urban growth area: transportation (arterials), urban growth boundary, capital facility plans, housing for low and moderate income, open space and recreation, public services, and land use designations. In order to cooperatively plan for these areas, the county and each respective city must understand the process and method by which they will plan these areas. The first step, therefore, would be to reach an agreement on the planning approach and method. How these plans will be implemented cannot be determined until these agreements are reached. Lead Responsibility: Target Dates: Lead Responsibility: Each jurisdiction Target Dates: Begin by July 1, 1991 Each jurisdiction /Cities for Urban Growth Area Work plan by July, 1991 Inventory by July, 1992 Plan by July, 1993 Implementation by July, 1994 Each jurisdiction /to be determined Memorandum of Understanding's between each city and the county on planning approach by July 1, 1991. Implementation of planning approach July, 1991 through July, 1993. Housing: This issue is recognized as affecting the region as a whole, the sub regions, and individual jurisdictions. Close coordination and joint planning will be accomplished. Each jurisdiction will be responsible for development of their housing plans; ways to coordinate and streamline the tasks will be developed at a later date. Page 4 Claitam County Growth Management Strategy Glossary of Planning Terms "Natural Resource lands" includes agricultural, forest and mineral resource lands. "Gitical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. "Agricultural land" means land primarily devoted to commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees, or livestock, and that has Long -term commercial significance for agricultural production. "Forest land" means land primarily useful for growing trees, including Christmas trees for commercial purposes, and that has long -term commercial significance for growing trees commercially. "Minerals" include gravel, sand, and valuable metallic substances. "Urban growth" refers to growth that makes intensive use of land for the location of buildings, etc. to such a degree as to be incompatible with the production of food, agriculture or extraction of mineral resources. Urban growth typically requires urban governmental services. "Capital Facilities" includes water, sewer, storm water, transportation systems, parks, government buildings and other facilities provided by public agencies. Page 5 ORDINANCE NO. 2614 AN ORDINANCE of the City of Port Angeles, Washington, establishing a Growth Management Fund for the administration of State grant funds used in planning as mandated by the Growth Management Act, and creating a new Chapter 3.29 of the Port Angeles Municipal Code. -1- 5. 2.5 WHEREAS, Clallam County and the cities located within it are mandated to plan in compliance with Engrossed Substitute House Bill 2929, known as the Growth Management Act of 1990; and WHEREAS, the Growth Management Act of 1990 provides State financial assistance necessitating that a Growth Management Fund be established to facilitate proper administration of the costs and expenses incurred through implementation; and WHEREAS, the City of Port Angeles will be acting as the contact and fiscal agent for Growth Management Act financial assistance from the State to Clallam County and the Cities of Sequim and Forks; and WHEREAS, the City Council of the City of Port Angeles is desirous of providing for the proper administration of said funds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. There is hereby established in the City treasury a special revolving fund for the fiscal administration and accounting of State financial assistance monies for the implementation actions of the mandated jurisdictions in Clallam County in doing or causing to be done the necessary work of Growth Management Act planning. Said fund shall be entitled "The Growth Management Fund Section 2. Disbursements shall be made out of said Fund upon the request of the Planning Director to defray the costs and expenses incurred by the City of Port Angeles in doing or causing to be done the necessary work of Growth Management Act planning and to deliver State financial assistance monies to other mandated jurisdictions in Clallam County. Section 3. The City Council may transfer to the Growth Management Fund such sums as it deems necessary in order to expedite the performance of Growth Management Act planning. Any sums so transferred shall be deemed a loan to the Growth Management Fund and shall be repaid out of the financial assistance grants provided by the State of Washington. Section 4 Codification. This Ordinance shall be codified as Chapter 3.29 of the Port Angeles Municipal Code. Section 5. This Ordinance shall take effect five days after publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16th day of October, 1990. ATTEST: City Clerk Becky APPROVED AS TO FORM: Craig D. 4nutson, City Attorney PUBLISHED: 10/21/90 PLAN.388 -2- CJM A Y O R u