HomeMy WebLinkAboutAG 23-051 - DEPARTMENT OF COMMERCERETURN TO: Karl Cimmer EXT: 2629
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATINGDEPT./DIV: CD/Planning
2. ORIGINATING STAFF PERSON: Keith Niven EXT: 2612 3. DATE REQ. BY: ASAP
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): A INTERLOCAL
❑ OTHER
5. PROJECT NAME: HAPI Grant Commerce Interlocal
rr,�
6. NAME OF CONTRACTOR: cT Fi1�11rG 1 � � �[,[r7 WA Department Of Commerce
ADDRESS: O TELEPHONE 1._l
E-MAIL; 1 '. W 1M. AA . W fit' • FAX:
SIGNATURE NAME: Me3f3t bKV1 We4 TITLE f, Q Ljr t
7. EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES A COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: W07A twk- A U ��Il n COMPLETIONDATE:
9. TOTAL COMPENSATION $ 1n, O VO (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES A NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED f0YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER
A DIRECTOR KN/1/25/23 KN/l/25/23
❑ RISK MANAGEMENT (IF APPLICABLE)
A LAW KVA 1/25/2023
11. COUNCILAPPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: February 6, 2023 COUNCIL APPROVAL DATE: February 21, 2023
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL / D SIGNED
LKJ LAW DEPARTMENT WV P 6 1
A SIGNATORY (MAYOR OR DIRECTOR) BD 2/17/23
`1 CITY CLERK }
❑ ASSIGNED AG# (A #
COMMENTS:
DOG G,an1 14.017 (HAPI)
V
2/20I7
Washington Stag
►��� Commerce
Interagency Agreement with
For
City of Federal Way
through
Growth Management Services
Housing Action Plan Implementation (HAPI) Grant
to Implement an Existing Housing Action Plan
Start date: Date of Execution
TABLE OF CONTENTS
Special Terms and Conditions
1. Authority..............................................................................................A
2. Contract Management............................................................................................1
3. Compensation.......................................................................... .........................1
4. Billing Procedures and Payment............................................................................1
5. Insurance.............................................................................................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.
Indemnification....................................................................................................... 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.:-.. ... ' ... * .... *'*"* .......... .... . ... ** .... 11- ... "*"*"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
FACE SHEET
Washington State Department of Commerce
Local Government Division
Growth Management Services
Housing Action Plan Implementation (HAPI) Grant
1. Contractor
City of Federal Way
33325 8th Ave S
Federal Way, WA 98003-6325
3. Contractor Representative
Keith Niven
Planning Manager
253.835.2643
Kelth.niven@cityoffederalway.com
cityoffederalway.com
Contract Number: 22-63314-012
2. Contractor Doing Business As (optional)
N/A
4. CUMMLI ILt Kepresentatrve
Keri Sallee
PO Box 42525
Senior Planner
1011 Plum Street SE
360.725.3064
Olympia, Washington
keri.sallee@commerce.wa.gov
98504-2525
1 5. Contract Amount 6. Funding Source
$100,000 Federal: ❑ State: ® Other: ❑ N/A: ❑
9. Federal Funds (as applicable) Federal Agency:
NA NA
10. Tax ID # I L SWV # ` 12. UBI #
NA SWV 00-1595700 1601-223-538
7. Start Date 8. End Date
Date of Execution June 30.2023
CFDA Number
NA
13. DUNS #
NA
14. Contract Purpose
Implementation of RCW 36.70A.600 grant funding to address housing affordability through implementation of selected
strategies from the city's adopted housing action plan.
15. Signing Statement
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the j
terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to j
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 FOR COMMERCE
B ' avis. Directo , partment of Community
Development
City of Federal Way
Date
Mark K. arkley. Assi ant Director
Local Government Division
3.22, Zb-7/1i
Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 08/22/2019.
APPROVAL ON FILE.
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 one hundred thousand dollars (5100,000) 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 andfor deliverable. The invoices small 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 22-63314-012.
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.
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, 2021, the start date of the 2021-2023 biennium. 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.
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.
State of Washington Interagency Agreement Updated August 2019
Page 1
Department of Commerce
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
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
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.
S. 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
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 altemative 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 August 2019
Department of Commerce Page 4
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
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 (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
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
Stale of Washington Interagency Agreement Updated August 2019
Department of Commerce Page 5
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
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.
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
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 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.
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
Attachment A
Scope of Work
Further work associated with an adopted housing action plan 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 (RCW 36. 70A.600(2)). In doing this work, cities are encouraged to
prioritize the creation of affordable, intrusive neighborhoods and to consider the risk of residential
displacement, particularly in neighborhoods with communities at high risk of displacement (RCW
36 70A.600(9)) This work includes the following strategies from an adopted housing action plan
Strategy 5: Ensure that financial and regulatory incentives for mixed -income housing are
effective
Strategy 6: Review school impact fees on multifamily housing
Commerce will be monitoring the contracts biannually to review progress in meeting milestones,
deliverables and invoicing.
Steps/ Description Start Date I End Date
I
Deliverables
Action 1a Evaluate effectiveness of existing 4/112022 6/112022
incentives developed by the City to
facilitate housing production & review
permitting prioritization effects.
Step 1.1 Evaluate mandatory inclusionary zoning per 4/1/2022 6/1/2022
FWRC 19.110.010(2) regulations that
requires that developments with 25 units or
more provide 5% of total of rental units be
affordable for households with incomes at
50% AMI.
Step 1.2 1 Evaluate optional density bonus per FWRC 14/1/2022 f 6/1/2022
19.110.010 (3)(a) that allows one bonus
market -rate unit for each affordable unit
included in the project; up to 10% above the
maximum density of the underlying zoning
district.
L
Attachment A
Step 1.3
Review the city's multifamily dwelling unit
4/1/2022
6/1/2022
limited property tax exemption (also known
as MFTE) program per FWRC 3.30 serving
80- 115% AMI.
Step 1.4
Review permitting practices of peer cities
4/1/2022
6/1/2022
regarding prioritization of housing permits.
Action I
Market evaluation and multifamily
4/1/2022
611/2022
development feasibility study
Step 1.5 Evaluate property values and market 4/1/2022
6/1/2022
conditions for 2024 target year to account
for impacts from operating LRT.
Step 1.6 Provide construction costs for targeted
4/1/2022
6/1/2022
housing types (4+ stories with structured
parking — ownership and rental). Include
cost of required open space, parking, etc.
Action 1c
Review influence of impact fees and
4/112022
9/1/2022
system development charges on
multifamily housing.
Step 1.7
Engage with residential developers to
6/1/2022
9/1/2022
understand the influence impact fees have
on their project proforma for multifamily and
single family.
Action 1d
Draft findings of development regulation
5/1/2022
7/1/2022
and incentive review, market study, and
impact fee analysis
Present draft analysis to the Planning
Step 1.8
7/15/2022
8/3/2022
Commission at Study Session meeting
Action le
Gap analysis: Address the findings from
7/112022
10/30/2022
the development regulation and
incentive review, market study, and
impact fee analysis to effectively
facilitate a more balanced housing mix in
the City while meeting policy goals.
Step 1.9
1 Quantify impediments (financial and
7/1/2022
9/1/2022
regulatory gapstbarriers) to housing
development meeting 2044 housing target.
Step 1.10
Review palential new housing development 7/1/2022
9/1/2022
incentives permitted under state law.
Identify strategies to attract condominium 7/1/2022
Step 1.11
9/1/2022
development to increase homeownership
opportunities in mixed -use zones.
Attachment A
Analysis
i
s F
Action 2 Remediation Recommendation Report to
7/1/2022
12/31/2022
address gaps to achieving a more
balanced housing mix
Step 2.1
Develop strategy the City can implement to
7/1/2022
11/1/2022
address the identified gaps. Identify code
sections to be updated and adopted by
June 2023 and future development
regulations extending to 2024.
Step 2.2 Seek feedback from stakeholders and
6/1/2022
9/1/2022
community.
Step 2.3 Present remediation recommendations draft
11/1/2022
11/16/2022
to the Planning Commission at Study
Session meeting
"Deliverable
..
reportaddress gaps to achieving a
i12131/2022
Action 3a
balancedmore
Prepare a program benchmark template
8/1/2022
211/2023
to track the use and effectiveness of the
city's development incentive program(s).
Develop City tracking tool to track annual
Step 3.1
8/1/2022
2/1/2023
housing production as a function of reaching
adopted targets.
Action 3b
Policy audit and alignment for high
1211/2022
4/1/2023
opportunity mixed use zones (CC-C, CC-
F, BC)
12/1/2022
2/1/2023
Step 3.2
Identify misalignments between remediation
recommendations and Comprehensive Plan
policies for high opportunity mixed use
zones that create barriers to meeting
housing target and desired housing
development.
Step 3.3
Seek feedback from stakeholders and
2/1/2023
3/1/2023
community.
DraftDeliverable ..template
Policy Recommendations
Step 3.4
Internal review among City Departments
4/1/2023
4/15/2023
ProgramDeliverable Final ..
i5/31/2023
Policy Recommendations
Attachment A
Action 4 Amend regulations based on HAP 11/16/2022 6/15/2023
Strategies #5 and #6 to ensure existing
financial tools (e.g., impact fees) and
regulatory incentives for mixed -income
housing are effective using findings from
the remediation recommendations
report.
Step 4.1 Draft ordinances based on HAP Strategies 11/1/2022 12/15/2022
f 5 and 6 to ensure existing financial and
regulatory incentives for mixed -income
housing are effective using findings from
remediation recommendations report.
/2022 12/31/2022
Step 4.2 SEPA checklist, public noticing, and 12/1
distribution of materials
Step 4.3 Planning Commission public hearing 1/1/2023 2/1/2023
Step 4.4 Incorporate changes from Planning 2/1/2023 3/1/2023
Commission I
Step 4.5 Land Use and Transportation (LUTC) 3/15/2023 4/30/2023
Committee Meeting
Step 4.6 Proposed code amendments presented to 5/1/2023 6/15/2023
City Council for adoption I
Attachment B
Budget
Deliverable 1. Existing Conditions Report & Gap Analysis 1 $25,000
Deliverable 2. Final remediation recommendations report to address gaps to $25,000
achieving a more balanced housing mix.
Deliverable 3a. Draft Program benchmark template and Policy Recommendations $3,000
Deliverable 3b. Final Program benchmark template and Policy Recommendations 1 $2,000 1
Deliverable 4a. Draft development regulations that implement remediation
recommendations to decrease existing financial and regulatory barriers to housing $25,000
production and affordability in the City..
Deliverable 4b. Adopted ordinances that implement remediation recommendations
to decrease existing financial and regulatory barriers to housing production and $20,000
affordability in the City.
Total:
$100,000
NOTE: The final Deliverable(s) for this grant represents a minimum of twenty percent (20%) of the total
grant award and payment is contingent upon submittal of a copy of the final deliverable(s).
School Impact Fee Scenarios
2023
2022
2021
Single Family
Multi -Family
Single Family
Multi -Family
Single Family
Multi -Family
District
Impact Fee
Impact Fee
Impact Fee
Impact Fee
Impact Fee
Impact Fee
Auburn
$7,963
$9,913
$3,652
$8,938
$6,456
$16,326
Enumclaw
$13,210
$8,326
$12,727
$8,615
$8,972
$6,282
Fife
$4,039
$773
$4,541
$822
$4,715
$1,426
Issaquah
$11,377
$4,718
$20,291
$8,353
$18,213
$12,043
Kent
N/A
N/A
$5,818
$2,458
$5,693
$2,405
Lake Washington
$18,610
$3,586
$18,997
$3,510
$15,070
$2,701
Northshore
$17,963
$2,625
$18,891
$1,392
$17,080
$1,504
Renton
$2,911
$3,697
$2,659
$4,737
$7,681
$4,989
Riverview
$8,246
$5,517
$9,327
$5,967
$9,288
$6,628
Snoqulamie Valley
$16,203
$5,534
$11,091
$4,597
$16,550
$4,731
Tahoma
$4,535
$1,120
$3,602
$2,923
$5,748
$4,366
_King_ County_ Average
$10,506__ __-
$4,581_
$30,145___-
_$_4,756
$9,951__ __
$5,764_
Federal Way
$0
$0
$1,845
$15,073
$3,234
$16,003
3/6/2023
Five -Year Average
Single Family
Multi -Family
Adopted
Impact Fee
Impact Fee
Single Family
Multi -Family
2023
$0
$0
$3,469
$14,260 COVID Enrollment Impacts combined with construction of larger schools to eliminate portables
2022
$1,845
$15,073
$4,837
$18,260
2021
$3,243
$16,003
$5,108
$16,931
2020
$5,035
$20,768
$5,039
$15,585
2019
$7,221
$19,454
$5,066
$11,798
2018
$6,842
$20,043
$4,515
$8,220
2017
$3,198
$8,386
$3,949
$4,487
2016
$2,899
$9,273
$4,112
$3,061
2015
$5,171
$1,834
$4,335
$1,640
2014
$4,464
$1,562
$4,068
$1,696
2013
$4,014
$1,381
$3,978
$1,731
2012
$4,014
$1,253
$3,952
$1,784
2011
$4,014
$2,172
$3,753
$1,704
2010
$3,832
$2,114
$3,629
$1,449
2009
$4,017
$1,733
$3,436
$1,207
2008
$3,883
$1,647
$3,286
$1,049
2007
$3,018
$856
$3,288
$938 Using King County Average SGR, as there was no active M-F developments
2006
$3,393
$895
$3,208
$946
2005
$2,868
$905
$3,071
$933
2004
$3,269
$940
2003
$3,894
$1,094
2002
$2,616
$896
2001
$2,710
$830
All Years
$3,716
$5,614
