HomeMy WebLinkAboutReg 2019-12-02 Item 4F - Grant Agreement - House Bill 1923 Grant Funding for Housing Action Plan with WA State Department of Commerce for $100,000-------------------Initials
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SP0NSOR'S Tukwila has received a grant for $100,00 from the Department of Commerce to through HB
1923, which encourages cities to increase residential building capacity through actions or
through a Housing Action Plan to be completed by June 2021. Council is requested to
authorize the Mayor to sign an Interagency Agreement with the Department of Commerce
so that the City may receive the grant award.
Ri;Xirwrt) m, El C.O.W. mtg. Z CDN Comm F-1 finance Conirn. ❑ Public Safety Comm.
❑ Trans &Infrastructure DArts Comm. ❑ Parks Comiri. ❑ Planning Comm.
DA-m 11/26/19 COMMI'I'MI.." C11AIR: QUINN
RECOMMENDATIONS:
SI10NS()R/A1)MIN. Department of Community Development
COST IMPACT / FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $100,000 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
12/2/19
MTG. DATE
ATTACHMENTS
12/2/19
Informational Memorandum dated 11/26/19
Interagency Agreement between Tukwila and Department of Commerce through June
Grant Award Letter
Minutes from the 11/26 Community Development & Neighborhoods Committee meeting
(distributed separately)
75
76
City of Tukwila
Allan Ekberg, Mayor
TO: Community Development and Neighborhoods Committee
FROM: Minnie Dhaliwal, Deputy Director of Community Development
BY: Meredith Sampson, Associate Planner
CC: Mayor Ekberg
DATE: November 26, 2019
SUBJECT: HB 1923 Increasing Housing Supply and Affordability
ISSUE
Council approval is required to authorize the Mayor to sign an Interagency Agreement to receive
$100,000 in grant funding that the Department of Commerce has awarded to Tukwila to take
actions to create a Housing Action Plan.
BACKGROUND
The State legislature passed HB 1923 providing $5 million to increase residential building
capacity in Washington communities. The Department of Commerce has released a grant
application, due September 30'h, 2019, for up to $100,000 per jurisdiction. These funds can be
put toward certain zoning actions, or toward a Housing Action Plan. The goal of a plan
developed using this funding source "must be to encourage construction of additional affordable
and market rate housing in a greater variety of housing types and at prices that are accessible
to a greater variety of incomes, including strategies aimed at the for -profit single-family home
market." There are seven sub -components that must be included in the plan.
DISCUSSION
The attached grant from the Department of Commerce totals $100,000 through June 2021.
Grant funds are allocated as follows:
• Housing Action Plan Sub -Regional Framework - $20, 000
Create a framework and housing needs analysis for South King County. This portion of the
funds will be pooled with Auburn, Burien, Federal Way, Kent, and Renton. Staff is
coordinating with the SKHHP member cities for a mechanism for the pooling of resources.
An interactive tool will be developed to evaluate housing distribution and need, and set
broad policy framework for strategies individual cities can explore further.
• Public Involvement Process - $10,000
To be incorporated at key points throughout plan creation, involving local apartment owners,
builders, real estate agents, nonprofit housing advocates, and local religious groups.
• Develop a Framework for the Housing Action Plan - $5, 000
Review and evaluate the status of the City's Comprehensive Plan Elements on Housing and
The Tukwila International Boulevard District as well as PSRC's Growing Transit
Communities strategies for the Tukwila International Boulevard community.
• Identify Barriers/Strategies to Encourage Higher Density Development in TOD Zone and
Propose Solutions - $20, 000
Assess existing recreation space and parking requirements for multifamily development,
evaluate the multifamily design guidelines, document and assess the effectiveness of 77
INFORMATIONAL MEMO
Page 2
current City incentives, and identify incentives and regulatory measures that build upon City
development standards.
• Consider Strategies to Minimize Displacement in TOD Zone - $25, 000
Create a list of resources for property owners to rehabilitate and maintain properties while
preserving affordable housing, and utilize Tukwila's Community Connectors or similar to
identify issues regarding displacement in the TOD zone and develop solutions.
• Incorporate Findings into a Transit -Oriented Development Housing Strategies Plan -
$20,000
Create a cohesive and meaningful document with findings as well as a schedule of
programs and actions to implement the recommendations of the plan, and obtain City
Council approval to adopt the plan.
FINANCIAL IMPACT
No financial match needed. Staff time will be needed to manage the grant.
RECOMMENDATION
Forward this item directly to the Consent Agenda of the December 2, 2019 Regular Meeting.
This action will authorize the Mayor to sign an Interagency Agreement with the Department of
Commerce and accept grant funding for the City of Tukwila through June 2021.
ATTACHMENTS
Interagency Agreement between Tukwila and Department of Commerce through June 2021
Grant Award Letter
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Interagency Agreement with
For
City of Tukwila
through
Growth Management Services
HB 1923 Grant to adopt a housing action plan
Start date: Date of Execution
"7
TABLE OF CONTENTS
Special Terms and Conditions
1. Authority...............................................................................................1
2. Contract Management............................................................................................1
3. Compensation........................................................................................................1
4. Expenses.............................................................................................1
5. Billing Procedures and Payment............................................................................1
6. Subcontractor Data Collection................................................................................2
7. Order of Precedence..............................................................................................2
General Terms and Conditions
1.
Definitions..............................................................................................................3
2.
All Writings Contained Herein................................................................................3
3.
Amendments..........................................................................................................3
4.
Assignment............................................................................................................3
5.
Confidentiality and Safeguarding of Information....................................................3
6.
Copyright................................................................................................................4
7.
Disputes.................................................................................................................4
8.
Governing Law and Venue....................................................................................4
9.
Independent Capacity of the Contractor................................................................5
10.
Licensing, Accreditation and Registration..............................................................5
11.
Recapture...............................................................................................................5
12.
Records Maintenance............................................................................................5
13.
Savings...................................................................................................................5
14.
Severability.............................................................................................................5
15.
Subcontracting.......................................................................................................5
16.
Survival...................................................................................................................6
17.
Termination for Cause............................................................................................6
18.
Termination for Convenience.................................................................................6
19.
Termination Procedures.........................................................................................6
20.
Treatment of Assets...............................................................................................
7
21.
Waiver....................................................................................................................8
Attachment A, Scope of Work
Attachment B, Budget
FACE SHEET
Contract Number: 20-63314-028
Washington State Department of Commerce
Local Government Division
Growth Management Services
HB 1923 Grant
1. Contractor
2. Contractor Doing Business As (optional)
City of Tukwila
6300 Southeenter Boulevard
Tukwila, WA 98188
3. Contractor Representative
4. COMMERCE Representative
Meredith Sampson
Eric Guida PO Box 42525
Assistant Planner
Associate Planner 101 1 Plum Street SE
(206) 431-3661
(360) 725-3044 Olympia Washington
nieredith.sampson@tukwilawa.gov
eric.guida@commerce.wa.gov 98504-2525
5. Contract Amount
6. Funding Source
7. Start Date
8. End Date
$100,000
State of Washington
Date of Execution
June 30, 2021
11. SWV #
12. UBI #
S W V0018023-00
179-000-208
14. Contract Purpose
HB 1923 grant funding to address housing affordability.
15. Signing Statement
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of
this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their
respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following
documents hereby incorporated by reference: Attachment "A" — Scope of Work, Attachment "B" — Budget, <ete.>
FOR CONTRACTOR
FOR COMMERCE
Mark Barkley, Assistant Director, Local Government Division
Date
Allan Ekberg, Mayor of Tukwila
Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 6/11/2019.
APPROVAL ON FILE.
Rl
M.
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34
RCW.
2. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet of
this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet of
this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed $100,000 for the performance of all things necessary for
or incidental to the performance of work under this Contract as set forth in the Scope of Work.
Actions selected from the menu of twelve actions must be adopted by April 1, 2021 to receive full
funding. Budget managers should be aware that the final thirty percent (30%) of the grant amount for
each action is contingent upon adoption of the selected Action.
The final due date for Deliverables must be no later than June 15, 2021.
4. EXPENSES
Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized
in advance by COMMERCE as reimbursable. Such expenses may include airfare (economy or coach class
only), other transportation expenses, and lodging and subsistence necessary during periods of required
travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement
rates.
5. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the Representative for COMMERCE not more often than quarterly.
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the
Contract Number 20-63314-0281f expenses are invoiced, provide a detailed breakdown of each type. A
receipt must accompany any single expenses in the amount of $50.00 or more in order to receive
reimbursement.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt
of properly completed invoices. Payment shall be sent to the address designated by the Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of
this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall
be made by COMMERCE.
COMMERCE will pay Contractor for costs incurred prior to the start date of this Agreement, if such costs
would have been allowable on or after July 28, 2019, the effective date of Engrossed Second Substitute
House Bill 1923 (2019). To be allowable, such costs must be limited to the completion of tasks and
deliverables outlined in the Scope of Work (Attachment A).
State of Washington Interagency Agreement Updated June 2019
Department of Commerce Page 1 83
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE
shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other
source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its subcontractors.
6. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed
by the parties, regarding work under this Agreement performed by subcontractors and the portion of funds
expended for work performed by subcontractors, including but not necessarily limited to minority -owned,
woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors
of any tier.
7. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence
in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A — Scope of Work
• Attachment B — Budget
• add any other attachments incorporated by reference on the Face Sheet
State of Washington Interagency Agreement Updated June 2019
84 Department of Commerce Page 2
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the
Contractor, including any attachments, documents, or materials incorporated by reference. E-mail
or facsimile transmission of a signed copy of this contract shall be the same as delivery of an
original.
D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
E. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "State" shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The terms
"subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
Up to ten percent of the contract amount for each activity may be moved to another activity without a
contract amendment.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by
COMMERCE;
ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE;
and
iii. All personal information in the possession of the Contractor that may not be disclosed under
state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The Contractor shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
State of Washington Interagency Agreement Updated June 2019
Department of Commerce Page 3
85
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
Confidential Information or violation of any state or federal laws related thereto. Upon request, the
Contractor shall provide COMMERCE with its policies and procedures on confidentiality.
COMMERCE may require changes to such policies and procedures as they apply to this Contract
whenever COMMERCE reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Contractor shall make the changes within the time period specified
by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be
considered the author of such Materials. In the event the Materials are not considered "works for hire"
under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in
all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE
effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty -
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and
represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract. The
Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Contractor with respect to any Materials delivered under this Contract, COMMERCE
shall have the right to modify or remove any restrictive markings placed upon the Materials by the
Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington,
and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior
Court for Thurston County.
State of Washington Interagency Agreement Updated June 2019
86 Department of Commerce Page 4
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
9. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and its employees or agents performing under this Contract are not employees or agents of
the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an
officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee
under law. Conduct and control of the work will be solely with the Contractor.
10. LICENSING ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies available
at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Contractor shall retain such records for a period of six (6) years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they
State of Washington Interagency Agreement Updated June 2019
Department of Commerce Page 5
87
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity;
or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subcontractor's performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract shall
so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the replacement
or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of
the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her
control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition
to any other rights and remedies provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract,
may require the Contractor to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this contract as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract.
State of Washington Interagency Agreement Updated June 2019
88 Department of Commerce Page 6
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the Authorized Representative any property which, if the contract had been completed, would have
been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this contract, which is in the possession of
the Contractor and in which the Authorized Representative has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct
item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property
by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this
contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this contract, or (ii) commencement of use of such property in the performance of this
contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Contractor or which results from the failure on the part of the Contractor
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract
All reference to the Contractor under this clause shall also include Contractor's employees, agents
or Subcontractors.
State of Washington Interagency Agreement Updated June 2019
Department of Commerce Page 7
89
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
State of Washington Interagency Agreement Updated June 2019
Department of Commerce Page 8
90
Attachment A
Scope of Work
A. Housing Action Plan
The goal of any such housing plan must be to encourage construction of additional affordable and
market rate housing in a greater variety of housing types and at prices that are accessible to a
greater variety of incomes, including strategies aimed at the for -profit single-family home market.
The housing action plan should:
(a) Quantify existing and projected housing needs for all income levels, including extremely low-
income households, with documentation of housing and household characteristics, and cost -
burdened households;
(b) Develop strategies to increase the supply of housing, and variety of housing types, needed to
serve the housing needs identified in (a) of this subsection;
(c) Analyze population and employment trends, with documentation of projections;
(d) Consider strategies to minimize displacement of low-income residents resulting from
redevelopment;
(e) Review and evaluate the current housing element adopted pursuant to RCW 36.70A.070,
including an evaluation of success in attaining planned housing types and units, achievement
of goals and policies, and implementation of the schedule of programs and actions;
(f) Provide for participation and input from community members, community groups, local
builders, local realtors, nonprofit housing advocates, and local religious groups, and
(g) Include a schedule of programs and actions to implement the recommendations of the housing
action plan.
Commerce will be monitoring the contracts in May and November of 2020 to review progress in
meeting milestones, deliverables and invoicing.
Action:
Steps/
Deliverables
Description
Start Date
End Date
Action 1
Housing needs analysis at a sub -regional
11 2019
6 2020
IN
Attachment A
Step 1.1
Establish schedule for interjurisdictional
11/2019
12/2019
collaborative meetings between partnering
staff representatives, to cover administration
of the sub -regional housing action
framework, including consultant selection
criteria and management of contract.
Step 1.2
Hire a consultant utilizing agreed -upon
12/2019
1/2020
selection process.
Step 1.3
Develop a consultant scope of work to
1/2020
1/2020
develop a baseline of population,
employment, and housing characteristics at
he sub -regional level needed to determine
regional and local future housing needs,
develop an interactive tool for use in
evaluating housing distribution and need, and
set broad policy framework for strategies
Step 1.4
Implement the scope of work with consultant
2/2020
7/2020
and partner cities.
Deliverable 1
South King County Housing Action Plan
7/2020
Framework
Deliverable 2
South King County Housing Market Policy
7/2020
Dashboard Tool
Action 2
Public involvement to be incorporated at
7/2020
1/2021
key points throughout plan creation
Step 2.1
Utilize Tukwila's Community Connectors or
7/2020
1/2021
similar to identify issues regarding
displacement in the TOD zone and develop
Step 2.2
Conduct outreach to local apartment owners,
7/2020
1/2021
builders and real estate agents, nonprofit
housing advocates, and local religious groups
o gain a greater understanding about issues
regarding preserving housing affordability,
redevelopment, rehabilitation and
Deliverable 3
Draft report summarizing the findings
2/2021
Action 3
Develop a framework for the Housing Action
7/2020
10/2020
Plan by reviewing and evaluating local &
regional goals, policies, regulations,
incentives, and implementation strategies
regarding housing and TOD.
92
Attachment A
Step 3.1
Review and evaluate the status of the City's
7/2020
10/2020
Comprehensive Plan Elements on Housing
and the Tukwila International Blvd District.
Step 3.2
Review and evaluate PSRC's Growing Transit
7/2020
10/2020
Communities Document about the Tukwila
International Boulevard transit community.
Deliverable 4
Draft report
2 2021
Action 4
Identify barriers to and strategies to
7/2020
1/2021
encourage higher density residential
development in Tukwila's transit -oriented
development zone and propose solutions.
Step 4.1
Assess existing recreation space and parking
7/2020
1/2021
requirements for multifamily and suggest
revisions.
Step 4.2
Evaluate multifamily design guidelines and
7/2020
1/2021
suggest revisions that lead to better
placemaking and address nimbyism.
Step 4.3
Document and assess the effectiveness of the
7/2020
10/2020
current tools and incentives the City uses to
encourage housing such as multi -family tax
exemption and opportunity zones.
Step 4.4
Identify incentives that build upon City-wide
7/2020
1/2021
tools explored under Ste 4.3.
Step 4.5
Identify regulatory measures that build upon
7/2020
1/2021
City development standards.
Deliverable 5
Draft Report
2 2021
Action 5
Consider strategies to minimize
7/2020
1/2021
displacement in Tukwila's transit -oriented
Step 5.1
Create a list of resources property owners
7/2020
1/2021
can use to rehabilitate and maintain
Step 5.2
Utilize Tukwila's Community Connectors or
7/2021
1/2021
similar to identify issues regarding
displacement in the TOD zone and develop
Step 5.3
Conduct outreach to local apartment owners,
7/2021
1/2021
builders and real estate agents, nonprofit
Deliverable 6
Draft Report
2 2021
Action 6
Incorporate findings into a Transit -Oriented
1/2021
4/2021
Development Housing Strategies Plan
Step 6.1
Create a cohesive and meaningful document
1/2021
4/2021
with findings from Actions 1-6.
93
Attachment A
Step 6.2
Create a schedule of programs and actions to
1/2021
4/2021
implement the recommendations of the
HousinF-Actinn Plan.
Step 6.3
Obtain City Council approval and adopt plan.
2 2021
4/2021
Deliverable 7
Final Transit -Oriented Development Housing
4/2021
Strategies Plan
Attachment B
Budget
Action / Deliverables
Commerce
Other Funds [If
Funds
applicable]
Action 1. Develop a Housing Action Plan
20k
n/a
(Sub -Regional Framework).
Action 2. Public involvement to be incorporated at key points
10k
n/a
throughout the process.
Action 3. Review and evaluate the status of the current
5k
n/a
Housing Element's adopted implementation strategies.
Actions 4. Identify barriers to and strategies to encourage
20k
n/a
higher density development in Tukwila"s transit -oriented
development zone and propose solutions.
Action 5. Consider strategies to minimize displacement in
25k
n/a
Tukwila's transit -oriented development zone.
Action 6. Incorporate findings into a Transit -Oriented
20k
n/a
Development Housing Strategies Plan.
Total:
100k
n/a
95
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STATE OF UVASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE o PO Boy, 42525 �� Olympia, Washington 33504-2525 ^, (360) 725-4000
wvvw. comrrr e�,rce. vva.gov
November 5, 2019
The Honorable Allan Ekberg
Mayor of Tukwila
6200 Southeenter Boulevard
Tukwila, Washington 98188
RE: E2SHB 1923 Grant — Increasing Residential Building Capacity
Dear Mayor Ekberg:
I am pleased to inform you that the city of Tukwila has been awarded $100000.00 in grant funds for the
2019-21 Biennium to assist with increasing urban residential building capacity and streamlining
regulations. The Washington State Legislature created this new grant program under Engrossed Second
Substitute House Bill (E2SHB) 1923 (Chapter 348, Laws of 2019), which provides a number of eligible
land use planning activities for cities to consider implementing to increase housing capacity.
Your jurisdiction recently submitted a grant application, identifying actions it intends to develop and
adopt, as well as its grant funding need to assist with this work. Your scope of work and budget must be
consistent with the scope of work and budget included in your grant application.
This grant will be administered by the Washington Department of Commerce, Growth Management
Services unit. Before we disburse the funds, a contract with an agreed upon scope of work and budget
will need to be executed between your organization and the Department of Commerce. Funds may be
retroactively applied to project costs related to your grant scope of work, beginning July 28, 2019, the
effective date of E2SHB 1923.
Eric Guida, Senior Planner is available to help you if you have any questions. Please call
(360) 725-3044 or eric.guida@commerce.wa.gov for assistance with this contract going forward.
Sincerely,
Dave Andersen, AICP
Managing Director
Growth Management Services
cc: Meredith Sampson, Assistant Planner
Eric Guida