HomeMy WebLinkAboutPCD 2023-01-17 Item 1A - Contract - Middle Housing with Makers (Grant-Funded)City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Nora Gierloff, AICP, Community Development Director
BY: Neil Tabor, AICP, Senior Planner
CC: Mayor Ekberg
DATE: January 17, 2023
SUBJECT: Middle Housing Grant
Consultant Selection and Agreement
ISSUE
Approve a grant -funded contract with Makers — Architecture, Planning and Urban Design to
provide services to complete deliverables related to Middle Housing, including $100,000 for
consultant services and $30,000 for community based organizations, totaling $130,000.
BACKGROUND
The City received and Council approved a grant from the Washington Department of Commerce
for work analyzing opportunities to allow additional Middle Housing with the City. Minimum
deliverables as a requirement of this grant include:
• A public engagement plan and results;
• analysis of racial equity, and proposed housing element policy amendments to address
anti -displacement;
• a staff report identifying possible amendments to support Middle Housing, including
possible changes to regulations, fee structures, incentives, and permitting procedures to
be considered in the plan update; and
• policy suggestions to increase density in proximity to transit nodes and analyze allowing
middle housing types in areas currently zoned as single-family.
Under the agreement with the Department of Commerce deliverables must be completed by
June 30, 2023. Staff is requesting accelerated review of this contract due to the short time frame
for its completion. The contract between Makers and Tukwila is currently being finalized and
reviewed by legal staff. The finalized contract would be provided in the 1/23/23 Council packet
as an attachment to council.
Deliverables associated with this grant will satisfy portions of the requirements of the overall
comprehensive plan. A separate grant from the Department of Commerce for $125,000 will be
available for other Comprehensive Plan update work.
ANALYSIS
Community Development staff issued a Request for Qualifications (RFQ) in November. Of the
four firms that submitted proposals, two firms were interviewed in December. Staff selected
Makers as the most qualified firm for the project and have been working with them to finalize the
scope of work and contract.
The grant generally includes three topic areas, including public engagement, racial equity and
housing policy review, and potential zoning amendments. Work would be conducted between
January and June 2023, and complete certain requirements of the overall Comprehensive Plan
update. This work would further support other Comprehensive Plan update requirements and
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2
INFORMATIONAL MEMO
Page 2
overall community engagement efforts. More detail on the agreed deliverables can be found in
Attachment A.
FINANCIAL IMPACT
The contract agreement will be supported by the $130,000 grant awarded by the Washington
Department of Commerce for this work. This grant has no match requirement.
Grant Award
Department of Commerce Grant $130,000
Required Match $0
Total $130,000
RECOMMENDATION
The Council is being asked to forward this item to the January 23rd, 2023 Committee of the
Whole Meeting and January 23rd, 2023 Special Meeting consent agenda. This action will
authorize the Mayor to sign the contract agreement for $130,000 between the City of Tukwila
and Makers to complete a scope of work for Middle Housing deliverable in support of the City's
grant with the Washington Department of Commerce grant and the comprehensive plan update.
ATTACHMENTS:
A. Grant agreement between Washington Department of Commerce and City of Tukwila
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/1-17-23 PCD Middle Housing Contractllnformational Memorandum, Makers
Contract Approval.docx
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wWashington State
amila Department of
1F44 .7 Commerce
Interagency Agreement with
City of Tukwila
through
Growth Management Services
For
Start date:
Middle Housing Grant
Date of Execution
22-159
Council Approval 10/17/22
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TABLE OF CONTENTS
Special Terms and Conditions
1. Authority 1
2. Contract Management 1
3. Compensation 1
4. Billing Procedures and Payment 1
5. Insurance 2
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. Indemnification 4
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 7
Attachment A, Scope of Work
Attachment B, Budget
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FACE SHEET
Contract Number: 23-63326-027
Washington State Department of Commerce
Local Government Division
Growth Management Services
Middle Housing Grant
1. Contractor
City of Tukwila
6300 Southcenter Blvd, Suite #100
Tukwila, WA 98188
2. Regional planner
Catherine McCoy
Senior Planner
360-280-3147
catherine.mccoy@commerce.wa.gov
NJA
3. Contractor Representative
Nancy Eklund, AICP
Long Range Planning Manager
206-433-7141
Nancy.Eklund@TukwilaWA.gov
4. COMMERCE Representative
Shane Hope PD Box 42525
Senior Planner 1011 Plum Street SE
(360) 725-3127 Olympia Washington
shane.hope@commerce.wa.gov 98504-2525
5. Contract Amount
$130,000
6. Funding Source
Federal: ❑ State:
11
Other: ❑ N/A: 0
7. Start Date
Date of Execution
8. End Date
June 30, 2023
9. Federal Funds (as applicable) Federal Agency: CFDA Number
NA NA NA
10.Tax ID#
NA
11.SWV#
S W V0018023
12.UBI#
179-000-208
13. DUNS#
NA
14. Contract Purpose
Implementation of Middle Housing grant for the purpose of funding actions needed to evaluate the adoption of middle housing types
on thirty percent (30%) or more of lots that, before this work, only allowed single family development.
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 and Attachment "B" — Budget.
FOR CONTRACTOR NG
FOR COMMERCE
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Allan Ekberg, Mayor
City of Tukwila
12-23-2022
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Mark K. Barkley, Assistant Director
Local Government Division
1/5/2023 1 9:48 AM PST
Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 08/2212019.
APPROVAL ON FILE.
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5
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6
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
ROW.
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 one -hundred and thirty thousand dollars ($130,000) for
the performance of all things necessary for or incidental to the performance of work under this Contract as
set forth in the performance-based Scope of Work (Attachment A) and Budget (Attachment B).
4. 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 parties agree this is a performance-based contract intended to produce the deliverables identified in
Scope of Work (Attachment A). Payment of any invoice shall be dependent upon COMMERCE'S
acceptance of Contractor's performance and/or deliverable. 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 23-63326-027.
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.
The grantees must invoice for all expenses by June 17, 2023. All contracts with community based
organizations must be submitted by June 17, 2023.
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 1, 2022. To be allowable, such costs must be limited to the
completion of tasks and deliverables outlined in the Scope of Work (Attachment A).
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.
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 1
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
5. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
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
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 2
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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.
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
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.
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 3
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
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.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 4
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
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
al 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. Subcontracting with multiple community based organizations is encouraged
for this granting program. COMMERCE shall approve each community based organization, such
approval to be provided in writing.
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
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
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 5
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
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
01 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.
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.
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 6
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
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 byte 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 0) 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.
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 August 2019
Department of Commerce Page 7
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
SOURCE: Section 189 of Engrossed Substitute Senate Bill 5693, of the supplemental operating budget for fiscal
year 2023 is provided solely for Commerce to administer grants to eligible cities for actions relating to adopting
ordinances that would authorize middle housing types on at least 30 percent of lots currently zoned as single family
residential. For the purposes of this grant program, "middle housing types" include duplexes, triplexes, fourplexes,
fiveplexes, sixplexes, townhouses, courtyard apartments, cottage housing, and stacked flats.
(a) A city is eligible to receive a grant if:
i. The city is required to plan under RCW 36.70A.040; and
ii. The city is required to take action on or before June 30, 2024, to review and, if needed,
revise its comprehensive plan and development regulations pursuant to RCW
36.70A.130(5)(a).
(b) Grant recipients must use grant funding for costs to conduct at least three of the following
activities:
1. Analyzing comprehensive plan policies and municipal code to determine the extent of
amendments required to meet the goal of authorizing middle housing types on at least 30
percent of lots currently zoned as single family residential;
ii. Preparing informational material for the public;
iii. Conducting outreach, including with the assistance of community-based organizations, to
inform and solicit feedback from a representative group of renters and owner -occupied
households in residential neighborhoods, and from for-profit and nonprofit residential
developers;
iv. Drafting proposed amendments to zoning ordinances for consideration by the city
planning commission and city council;
v. Holding city planning commission public hearings;
vi. Publicizing and presenting the city planning commission's recommendations to the city
council; and
vii. Holding city council public hearings on the planning commission's recommendations.
(c) Before updating their zoning ordinances, a city must use a racial equity analysis and establish
antidisplacernent policies as required under RCW 36.70A.070(2)(e) through (h) to ensure there will
be no net displacement of very low, low, or moderate -income households, as defined in RCW
43.63A.510, or individuals from racial, ethnic, and religious communities which have been subject
to discriminatory housing policies in the past.
(d) Commerce will prioritize applicants who:
i. Aim to authorize middle housing types in the greatest proportion of zones; and
ii. Subcontract with multiple community-based organizations that represent different
vulnerable populations in overburdened communities, as defined in RCW 70A.02.010,
that have traditionally been disparately impacted by planning and zoning policies and
practices, to engage in eligible activities as described in (b) of this subsection.
Commerce will be monitoring the contracts biannually to review progress in meeting milestones,
deliverables and invoicing.
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 9
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Attachment A
Scope of Work
Steps/
Deliverables
Description
Start Date
End Date
ACTION 1
PUBLIC ENGAGEMENT ACTIVITIES
July 2022
June 2023
Step 1.1
Develop community engagement plan
July 2022
November
2022
Step 1.2
Subcontract with community-based organizations
July 2022
November
2022
Step 1.3
Develop outreach communications, surveys, mapping, and public
presentations
July 2022
February 2023
Step 1.4
Conduct public engagement activities
January 2023
April 2023
Ueliv
1a
public Engagement Plan
July 2022
Nov. 30,
2022
Deliverable
1b
Public Engagement Results
July 2022
May 31,
2023
ACTION 2
RACIAL EQUITY REPORT & HOUSING POLICY REVIEW
July 2022
June 2023
Step 2.1
Access supports from Commerce technical assistance staff.
Sept 2022
May 2023
Step 2.2
Identify local policies and regulations that result in racially
disparate impacts, displacement, and exclusion in housing,
including: zoning that may have a discriminatory effect;
disinvestment; and infrastructure availability.
July 2022
Sept 2022
Step 2.3
Identify areas that may be at higher risk of displacement from
market forces that occur with changes to zoning development
regulations.
July 2022
Sept 2022
Step 2.4
Evaluate displacement risk of very low, low, and moderate income
households.
Sept 2022
January 2023
Step 2.5
Evaluate displacement risk of individuals from racial, ethnic, and
religious communities which have been subject to discriminatory
housing policies in the past.
Sept 2022
January 2023
Step 2.6
Develop policies and regulations to address and begin to undo the
impacts of local policies and regulations that result in racially
disparate impacts, displacement, and exclusion in housing.
July 2022
March 2023
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Attachment A
Steps/
Deliverables
Description
Start Date
End Date
Step 2.7minimize
Develop anti -displacement strategies, including strategies to
displacement of low-income residents resulting from
redevelopment.
July 2x22
March 2023
Step 2.8
Develop anti -displacement policy documents that include a
schedule of programs and actions to implement the anti-
displacement strategies including a timeline.
Nov 2022
March 2023
Deliverable 2a
Racial equity analysis report
Aorii 15, 2I
Deliverable 2b
Proposed Housing Element policy updates, including
May 31, 202
ACTION 3
ZONING AMENDMENTS
Nov 2022
June 2023
Step 3.1
Review and evaluate the current housing element and other
policies to support middle housing.
September
2022
January 2023
Step 3.2
Review buildable lands report and current residential land uses
for potential to allow middle housing, or where station areas or
higher intensity uses might be defined, or where commercial
areas might be converted for residential or mixed use
development.
October 2022
February 2023
Step 3.3
Review current programs, development regulations, impact fees,
system development charges, and permitting processes as to how
they might encourage or discourage the development of
multiunit housing. Consider also how building code requirements
impact development of multi -unit housing structures.
October 2022
Jan 2023
Step 3.4
Identify conditions and incentives that encourage or deter
development community from building missing middle housing in
Tukwila.
October 2022
January 2023
Step 3.5
Identify bonus densities and incentives for affordable housing to
accompany changes in zoning that can increase density.
Jan 2023
Feb 2023
Step 3.6
Identify various homeownership options that can be readily
utilized and promoted to incorporate into the development of
missing middle housing types.
October 2022
January 2023
Step 3.7
Gather data, analyze and review to understand the realistic
potential of the various changes. Examine existing financial
feasibility analysis addressing development of various housing
typologies in various zones to identify opportunities and potential
gaps of understanding.
Jan 2023
Feb 2023
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Attachment A
Steps/
Deliverables
Description
Start Date
End Date
Deliverable
3a
Middle housing staff report identifying changes
needed to support middle housing in Tukwila,
including recommended changes to policies,
regulations, fee structures, incentives, and permitting
procedures to be considered with periodic update.
December
2022
June 15,
2023
Deliverable
3b
Draft ordinance to increase density in proximity to
transit nodes and authorizes middle housing types
and ADUs on Tots currently zoned as single family.
June 15,
2023
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Budget
Budget
Grant Objective:
Attachment B
Commerce Funds
Deliverable la. Public Engagement Plan
Deliverable 1b. Public Engagement Results
$ 7,000
$ 25,000
Deliverable 2a. Racial Equity Analysis
$ 21,000
Deliverable 2b. Housing Element policy updates
$ 20,000
Deliverable 3a. Middle housing staff report
$ 20,000
Deliverable 3b. Draft ordinance
$ 7,000
Total:
$100,000
Contracting with Community Based Organizations
$30,000
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