HomeMy WebLinkAboutSpecial 2023-02-13 Item 2C - Grant Agreement - Growth Management Act Periodic Update for Comprehensive Plan with WA State Department of Commerce for $62,500COUNCIL AGENDA SYNOPSIS
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ITEM No.
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ITEM INFORMATION
STAFF SPONSOR: NANCY EKLUND
ORIGINAL AGENDA DATE: 2/13/23
AGENDA ITEM TITLE GMA Periodic Update Grant Acceptance - FY2023
CATEGORY ❑ Discussion
Mtg Date
II Motion
Mtg Date 2/13/23
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mi Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs
11
DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIF
SPONSOR'S The Washington Department of Commerce has provided $125,000 in grant funding to
SUMMARY assist GMA-planning cities such as Tukwila in the development of the periodic update of
their comprehensive plans. The requested action is the approval of half that award for
$62,500 for FY 2023 (a second grant will be offered for FY24). The full funding will allow
the hiring of a consultant team to support Ciy staff in developing the 2024-2044
Comprehensive Plan.
REVIEWED BY • Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 2/6/23 COMMITTEE CHAIR: KATHY HOUGARDY
RECOMMENDATIONS:
SPoNsoR/ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Special Committee
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$125,000 $125,000 $
Fund Source: GRANT - WA DEPT OF COMMERCE
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
2/13/23
MTG. DATE
ATTACHMENTS
2/13/23
Informational Memorandum dated 1/30/23
WA Dept of Commerce and Tukwila Agmt: GMA Periodic Update Grant — FY2023
Minutes from 2/6/23 Planning & Community Development Committee
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City of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Nora Gierloff, AICP, Director
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee (2/6/23)
FROM: Nora Gierloff, AICP, Community Development Director
BY: Nancy Eklund, AICP, Long Range Planning Manager
CC: Mayor Ekberg
DATE: January 30, 2023
SUBJECT: GMA Periodic Update Grant Acceptance (Washington Department of Commerce) —
FY2023
ISSUE
Should the City accept a FY2023 grant for $62,500 from the Washington Department of Commerce to
support the required periodic update of the City's Comprehensive Plan?
BACKGROUND
The Washington Department of Commerce typically provides grant funding to jurisdictions to assist
GMA-planning cities in the development of the periodic update of their comprehensive plans. The City
received notice in July 2022 of the award of $125,000 from Commerce to support the Plan's update.
This grant is being split into two $62,500 amounts for FY2023 and FY 2024.
DISCUSSION
Admittedly, the Scope of Work in this grant agreement is very confusing. The original application for the
grant asked for a scope of work that extended over the full grant period, which at the time, was from
July 1, 2022 to December 31, 2024. The City submitted a scope that defined the work to be completed
for the project, splitting tasks between FY 2023 and FY 2024 to allow the state to pay half the grant in
each fiscal year. To differentiate the timing of the various tasks in the scope of work, work to be
complete in 2023 was not shaded; and work to be completed in the second half of 2023 and in 2024
was shaded.
Unfortunately, although Commerce notified the City that it would receive the $125,000 award in grant
funds in July 2022, they did not forward the grant contract until mid-January 2023, leaving less than 6
months to complete scoped FY 2023 work. To provide a scope to accompany the FY 2023 grant
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
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Planning and Community Development Committee - 2/6/23
FY 2023 Washington Dept of Commerce —
GMA Periodic Update Grant Acceptance
1/30/23
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contract, staff updated the dates listed for completion of the various tasks. Commerce staff suggested
that the scope also include dates for when status reports would be submitted for FY 2023 tasks.
In the coming month, Planning staff are intending to advertise for a consultant to augment in-house
staff capacity. The consultant is needed to assist with community engagement, climate change policy
and implementation, and one of the largest tasks for the 2024-2044 Periodic Update — the update of the
Housing Element to comply with State and local requirements pertaining to the supply and affordability
of housing for all income segments.
FINANCIAL IMPACT
This grant will have no impact on City funding. It will support work that the City is required to complete
as a part of its Comprehensive Plan 2024 Update by enabling the hiring of consultant assistance.
RECOMMENDATION
Forward this item to the Consent Agenda of the Special meeting on February 13, 2023. This action will
authorize the Mayor to sign the grant agreement with the Washington Department of Commerce to
accept grant funding (for FY 2023) in support of the City's Comprehensive Plan. Another contract will
be required for the $62,500 the City will receive in FY2024.
ATTACHMENTS
• Grant Agreement between Washington Department of Commerce and the City of Tukwila for the
GMA Periodic Update Grant for FY 2023 (7/1/22 to 6/30/23 grant cycle).
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.. Department of
!0 Commerce
Interagency Agreement with
For
City of Tukwila
through
Growth Management Services
Contract Number:
23-63210-028
GMA Periodic Update Grant — FY2023
Dated: Date of Execution
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Table of Contents
TABLE OF CONTENTS 2
FACE SHEET 3
SPECIAL TERMS AND CONDITIONS 4
1. AUTHORITY 4
2. CONTRACT MANAGEMENT 4
3. COMPENSATION 4
4. BILLING PROCEDURES AND PAYMENT 4
5. SUBCONTRACTOR DATA COLLECTION 5
6. INSURANCE 5
7. FRAUD AND OTHER LOSS REPORTING 5
8. ORDER OF PRECEDENCE 5
GENERAL TERMS AND CONDITIONS 6
1. DEFINITIONS 6
2. ALL WRITINGS CONTAINED HEREIN 6
3. AMENDMENTS 6
4. ASSIGNMENT 6
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION 6
6. COPYRIGHT 7
7. DISPUTES 7
8. GOVERNING LAW AND VENUE 8
9. INDEMNIFICATION 8
10. LICENSING, ACCREDITATION AND REGISTRATION 8
11. RECAPTURE 8
12. RECORDS MAINTENANCE 8
13. SAVINGS 8
14. SEVERABILITY 8
15. SUBCONTRACTING 9
16. SURVIVAL 9
17. TERMINATION FOR CAUSE 9
18. TERMINATION FOR CONVENIENCE 9
19. TERMINATION PROCEDURES 9
20. TREATMENT OF ASSETS 10
21. WAIVER 11
ATTACHMENT A: SCOPE OF WORK 12
ATTACHMENT B: BUDGET 17
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Face Sheet
Local Government Division
Growth Management Services
Contract Number: 23-63210-028
1. Contractor
City of Tukwila
Department of Community Development, Planning
6200 Southcenter Blvd
Tukwila, WA 98188
2. Contractor Doing Business As (as applicable)
N/A
3. Contractor Representative
Nancy Eklund
Long Range Planning Manager
(206) 433-7141
Nancy.eklund@tukwilawa.gov
4. COMMERCE Representative
Catherine McCoy PO Box 42525
Senior Planner 1011 Plum St. SE
(360) 725-2910 Olympia, WA 98504
catherine.mccoy@commerce.wa.gov
5. Contract Amount
$62,500
6. Funding Source
Federal: ❑ State:./
Other: ❑ N/A: ❑
7. Start Date
Date of Execution
8. End Date
June 30, 2023
9. Federal Funds (as applicable) Federal Agency: ALN
N/A N/A N/A
10. Tax ID#
N/A
11.SWV#
SWV0018023-00
12.UBI#
179-000-208
13.UEI#
N/A
14. Contract Purpose
Grant funding to assist the City of Tukwila with planning work for the completion the Growth Management Act (GMA)
requirement to review, and if needed, revise the comprehensive plan and development regulations under RCW
36.70A.130(5).
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 incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope
of Work and Attachment B - Budget
FOR CONTRACTOR
FOR COMMERCE
Allan Ekberg, Mayor
City of Tukwila
Mark K. Barkley, Assistant Director
Local Government Division
Date
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
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Special Terms and Conditions
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 sixty-two thousand, five hundred dollars ($62,500),
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.
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services and deliverables provided and receipt
of properly completed invoices, which shall be submitted to the Representative for COMMERCE not
more often than monthly nor less 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 23-63210-028. If 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.
Grant Start Date
COMMERCE will pay the Contractor for costs incurred beginning July 1, 2022, for services and
deliverables described under this Agreement_
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.
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Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors_
COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until
acceptance by COMMERCE of the final report (or completion of the project, etc.).
Line Item Transfers
The total amount of transfers of funds between line item budget categories shall not exceed ten
percent (10%) of the total budget. If the cumulative amount of these transfers exceeds or is expected
to exceed ten percent, the total budget shall be subject to justification and negotiation of a contracts
amendment by the Contractor and COMMERCE.
Ineligible Costs
Only eligible project -related costs will be reimbursed. Ineligible costs include, but are not necessarily
limited to: capital expenses, such as land acquisition or construction costs; purchase of machinery;
hosting expenses, such as meals, lodging, or transportation incurred by persons other than staff and
volunteers working directly on the project; lobbying or political influencing; and other costs which are
not directly related to the project.
5. 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 Contract performed by subcontractors and the portion
of Contract 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.
6. 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.
7. FRAUD AND OTHER LOSS REPORTING
Contractor shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
8. 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
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General Terms and Conditions
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 Washington Department of Commerce.
C. "Contract" or "Agreement" or "Grant" 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" or "Grantee" 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, and "Protected Health Information" under the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA).
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
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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. 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
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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 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
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 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.
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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 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.
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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.
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 COMMERCE 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
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!!j Commerce
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.
E. 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.
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.i►. Washirig:on Slate
NU" Commerce
Attachment A: Scope of Work
FY2023
Task categories are shown in a Light green shading ; tasks to occur in FY 2023 are not shaded
(or are shown in white on a grey background); and task to be completed in FY 2024 are shown
in grey shading.
Tasks / Actions /
Deliverables
Description
End Date
Task 0
Approval of GMA Update Grant Contract
and Selection of Consultant and Approval
of Consultant Contract (contract received
1/10/23)
4/3/23*
(* assuming dates work with
all parties)
Step 0.1
Secure Council Committee approval (2/6/23)
and City Council approval (2/13/23) on grant
contract with Commerce
2/13/23
Step 0.2
Advertise RFQ (2/14/23); Receive submittals
2/24/23); interview, select consultant
(2/28/23); complete internal review on contract
(3/6/23); review with Council Committee*
(3/13/23) and receive Council approval
(3/20/23) on consultant contract.
*If contract can go to Finance & Governance Committee
otherwise, push schedule out a week.
3/21/23
Deliverable Oa
Signed Contract, Tukwila and Commerce
(Committee 2/3/23; Council 2/13/23; City signature 2/14/23)
2/14/23
Deliverable Ob
Signed Contract, Tukwila and Consultant
3/21/23
Task 1
Complete the Consistency Analysis of
Existing Comprehensive Plan with
Commerce Checklist and Regional Policy
Guidance
3/31/23
Deliverable la
Completed Commerce Checklist and Matrix of
Regional Policy Guidance
3/31/23
Task 2
Public Outreach Plan
5/31/24
Step 2.1
Develop Outreach Plan (4/4/23) and confirm
with City Council Committee (4/17/23) and
Council (5/1/23)
5/1/23
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NU" Commerce
Tasks / Actions /
Deliverables
Description
End Date
Step 2.3
Conduct Outreach Activities to Council,
Planning Commission and public (including
translations needed)
Ongoing
Status report 6/15/23
Deliverable 2a
Public Outreach Plan
5/15/23
Deliverable 2b
Public Outreach Results — Preliminary Draft
(6/15/23) and Final 5/31/24
6/15/23
Task 3
Housing Element Updates
12/15/23
Step 3.1
Complete draft inventory and analysis of
existing and projected housing needs over the
planning period, by income band, consistent
with the City's share of housing need, as
provided by Commerce & King County —
Status Report.
6/15/23
Step 3.2
Identify capacity of land for housing, including
government -assisted, housing for moderate,
low, very low, and extremely low-income
households, manufactured, multifamily, group
homes, foster care facilities, emergency
housing, emergency shelters, permanent
supportive housing - Status Report
6/15/23
Step 3.3
Integrate Residential Neighborhoods Element
into Housing Element, as appropriate — Status
Report.
6/15/23
Step 3.4
Develop Ordinance Updates to address
Housing Updates
12/15/23
Deliverable 3.1
Proposed Housing Element policy updates —
Status Report
6/1/23
Deliverable 3.2
Task 4
Proposed Housing Ordinance updates, draft
(11/15/23) and final (1/15/24)
Land Use Element
1/15/24
10/31/23
Step 4.1
Compile Land Use Element required
information from throughout the Plan where it
currently resides and consolidate it into a
single element. Begin update of required
information, including incorporating buildable
lands and reasonable measures requirements.
6/15/23
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Tasks / Actions /
Deliverables
Description
End Date
Step 4.2
Confirm City's Land Use strategy and consider
opportunities for modifying land use and
zoning categories and descriptions.
10/31/23
Step 4.3
Integrate Subarea plans and Center plans into
Land Use element as subchapters
10/31/23
Step 4.4
Update Land Use map as needed — Draft 1
2/15/24
Step 4.5
Update Land Use map as needed — Draft 2
4/15/24
Step 4.6
Update Land Use map as needed — Draft 3
6/15/24
Deliverable 4.1
Status Report on Land Use Element
information in existing Plan. Begin update of
required information, including incorporating
buildable lands and reasonable measures
requirements.
6/15/23
Deliverable 4.2
Task 5
Update Land Use map (as needed) & Element
Review Functional / other City Plans
adopted into Comprehensive Plan for
consistency with Land Use Plan and State
and Regional Policy guidance
6/1/24
3/15/24
Step 5.1
Integrate Transportation, Economic
Development, and Stormwater Plans;
coordinate with Parks
1/15/24
Step 5.2
Review goals and policies in functional plans
for consistency with regional and Commerce
content and policy guidance, including plans
developed for Water and Sewer service —
Status report.
6/15/23
Step 5.3
Coordinate with City Departments and
Incorporate needed updates into respective
Plan elements
Ongoing 2/15/24
Deliverable 5
Task 6
Finalized plans with current policy language.
Summary of draft and Status Report
completed by 6/30/2022
Capital Facilities and Utilities Elements
3/15/24
3/15/24
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Tasks / Actions /
Deliverables
Description
End Date
Step 6.1
Update Utilities elements as needed; and
Capital Facilities Element
3/15/24
Deliverable 6.1
Updated Utilities Element
Draft & Status Report 6/15/23
6/15/23
Deliverable 6.2
Updated Utilities Element
Final Draft 3/15/24
3/15/24
Deliverable 6.3
Updated Capital Facilities Element
Progress Draft & Status Report (6/15/23)
6/15/23
Deliverable 6.4
Task 7
Updated Capital Facilities Element
Final draft (3/15/24)
Climate Change Mitigation and Resilience
Integration into Plan
3/15/24
9/1/23
Step 7.1
Review Plan Elements to determine
opportunities for adding additional inventory
data about climate change impacts on the City
throughout the elements, and integrate new
policy guidance as needed — Draft / Status
Report
6/15/23
Step 7.2
Update Natural Environment and Shoreline
Elements and incorporate Climate Change (to
the degree possible without triggering Ecology
review process)
12/31/23
Deliverable 7
Task 8
Updated Elements
Summary of draft and Status Report
completed by and 1/15/2024
Develop/Finalize Implementation Strategies
1/31/24
4/15/24
Step 8.1
Update existing strategies and develop new
strategies for each element that assign both
responsibilities and dates for completion in
anticipation of required 5 -year monitoring
report.
3/15/24
Deliverable 8
Updated implementation strategies in all
Elements
Status Report completed by ; Final
by 3/15/24
3/15/24
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Tasks / Actions /
Deliverables
Description
End Date
Task 9
Finalize Overall Plan for Readability,
Brevity, Consistency with Required
Guidance
5/31/24
Step 9.1
Identify opportunities to consolidate
information in smaller chapters into other,
more appropriate, plan elements
6/15/23
Step 9.2
Develop Matrix of policies to clarify policy
focus, eliminate policy repetition/
redundancies, and enable reader to locate
topic -specific policies within the Plan
6/15/23
Step 9.3
Package final Plan for readability, visual
attractiveness, and utility by elected and
appointed officials, businesses, visitors, and
the public.
4/30/24
Deliverable 9
Final Comprehensive Plan
Summary of draft and Status Report
completed by 6/30/2023; Final by 6/15/24
6/30/2023
6/15/24
Task 10
Step 10.1
Environmental Review of Plan
(an addendum is envisioned)
Initiate SEPA Review
3/1/24
10/15/23
Deliverable 10.1
SEPA - Summary of draft issues (10/15/2023)
10/15/23
Deliverable 10.2
Task 11
Step 10.1
SEPA Determination — draft (9/1/23) and Final
(1/15/24)
Agency Reviews
Department of Commerce Ongoing, plus final
60 -day review
1/15/23
3/15/24
6/15/24 (ongoing)
Step 10.2
PSRC Consultation
6/15/24 (ongoing)
Deliverables 10
Plan Approval and Certification
Status Report completed
Final (7/1/24)
8/1/24
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Attachment B: Budget
SFY 2023 Task/Deliverable
SFY 2023 Amount
Deliverable 1
Consistency Analysis - Commerce Checklist and Regional Policy
Guidance
$ 0
Deliverable 2
Public Outreach Plan
$ 15,000
Deliverable 3
Housing Element Updates
$ 27,000
Deliverable 4
Land Use Element
$ 12,000
Deliverable 5
Consistency Analysis of City Functional and other Plans with Land
Use Plan, and State and Regional Policy guidance
$ 2,000
Deliverable 6
Capital Facilities and Utilities Elements
$ 500
Deliverable 7
Climate Change Mitigation and Resilience Integration into Plan
$ 2,000
Deliverable 8
Develop Implementation Strategies
$ 2,000
Deliverable 9
Finalize Overall Plan for Readability, Brevity, Consistency with
Required Guidance
$ 2,000
Deliverable 10
Finalize Environmental Review
$ 0
Total Grant (SFY 2023 only)
$ 62,500
Page 17 of 17
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94
City of Tukwila
City Council Planning & Community Development Committee
Meeting Minutes
February 6, 2023 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams
Councilmembers Present: Kathy Hougardy, Chair; De'Sean Quinn, Thomas McLeod
Staff Present: Derek Speck, Nora Gierloff, Brandon Miles, Nancy Eklund, Rachel
Bianchi, Laurel Humphrey
Guest: Claire Goodwin, SKHHP
Chair Hougardy called the meeting to order at 5:30 p.m.
BUSINESS AGENDA
A. Resolution: South King Housing and Homelessness Partners Capital Fund Allocation
Staff is seeking Council approval of a resolution that approves the allocation of $29,804.43
from the City's existing contributions to the South King Housing and Homelessness Partners
Housing Capital Fund to finance two affordable housing projects.
Item(s) for follow-up:
Ensure City Attorney review of project conditions.
Committee Recommendation
Unanimous approval. Forward to February 13, 2023 Special Consent Agenda.
B. Grant Agreement: Comprehensive Plan
Staff is seeking Council approval of $62,500 in grant funding from the Washington
* Department of Commerce to support the Comprehensive Plan update in 2023.
Committee Recommendation
Unanimous approval. Forward to February 13, 2023 Special Consent Agenda.
11. MISCELLANEOUS
Chair Hougardy asked the Committee if they would support a 1St Quarter discussion on the
status of multifamily tax exemption efforts. Committee members and staff discussed the
factors involved in such a discussion. The Committee requested this be placed on an agenda
in March.
Staff noted that there is an updated version of the Seawolves lodging tax agreement on the
Regular Meeting agenda. Councilmember McLeod will pull the item from the Consent Agenda
so that the Council can be directed to the changes.
The meeting adjourned at 6:22 p.m.
Committee Chair Approval
95