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12/03/2019 06F Housing Affordability; Department of Commerce E2SHB 1923 Grant Fund a\'4\lyy bxk ik 1 1-:41 PPPPPP+Pd s' lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.F. For Meeting of: December 3, 2019 ITEM TITLE: Resolution authorizing grant acceptance from the Department of Commerce E2SHB 1923 Grant Fund to address housing affordability SUBMITTED BY: Joan Davenport,AI CP, Community Development Director Joseph Calhoun, Planning Manager(509) 575-6042 SUMMARY EXPLANATION: The Department of Commerce has awarded the City of Yakima $100,000 in grant funds provided by the State Legislature Engrossed Second Substitute House Bill 1923 to assist with increasing urban residential building capacity and streamlining regulations. The Community Development Department intends to use this grant funding to hire a consultant to assist in the development of a Housing Action Plan. ITEM BUDGETED: STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type L resolution 11/2 /2019 r Memo D retract partment of rr coerce 11/20/2019 retract D rr coerce Yakima surd letter 11/14/2019 ackup Material 2 RESOLUTION NO. R-2019- A RESOLUTION authorizing acceptance of a grant of $100,000 from the Washington State Department of Commerce for the purpose of preparing a Housing Action Plan (HAP) compliant with HB 1923 WHEREAS, The City of Yakima established a 2019 Strategic Priority to evaluate policies that would help support the development of new housing stock, especially affordable housing for low to moderate income persons and families; and WHEREAS, The City Council held a Study Session on March 12, 2019 and a follow up session on May 7, 2019 to review approximately 24 strategies to encourage, streamline or promote affordable housing construction in the City and directed staff to begin implementation of new or revised regulations; and WHEREAS, The City of Yakima Planning Commission held 12 study sessions to consider measures that would encourage affordable housing including amendments to the City zoning ordinance (YMC 15), subdivision ordinance (YMC 14) and SEPA ordinance (YMC 6.88), a public hearing on October 26, 2019, and implemented the optional sales tax provisions for affordable housing described in HB 1406 and authorized by the State Legislature on July 28, 2019; and WHEREAS, the City submitted a grant application to the Washington State Department of Commerce for $100,000 to prepare a Housing Action Plan to explore appropriate actions to encourage construction of additional affordable housing units, as well as market rate housing units in a variety of housing types and diversity of locations; and WHEREAS, the City of Yakima has been offered the$100,000 grant to prepare a Housing Action Plan by Department of commerce. In order to complete the requirements of this grant, the City of Yakima intends to subcontract with a professional planning firm, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an Agreement with the Washington State Department of Commerce in the amount of One Hundred Thousand dollars ($100,000) in State funds to prepare a Housing Action Plan that will identify strategies, programs and locations for the construction of new housing and especially affordable housing for low to moderate income persons within the City of Yakima. A copy of the agreement is attached hereto. ADOPTED BY THE CITY COUNCIL this 3rd day of December, 2019. ATTEST: Kathy Coffey, Mayor City Clerk 3 • •' r Interagency Agreement with City of Yakima through Growth Management Services For HB 1923 Grant to adopt a housing action plan Start date: Date of Execution 4 TABLE OF CONTENTS Special Terms and Conditions 1. Authority 1 2. Contract Management 1 3. Compensation 1 4. Expenses. 1 5. Billing Procedures and Payment 1 6. Subcontractor Data Collection 2 7. Order of Precedence 2 General Terms and Conditions 1. Definitions 3 2. All Writings Contained Herein 3 3. Amendments 3 4. Assignment 3 5. Confidentiality and Safeguarding of Information 3 6. Copyright 4 7. Disputes 4 8. Governing Law and Venue 4 9. Independent Capacity of the Contractor 5 10. Licensing, Accreditation and Registration 5 11. Recapture 5 12. Records Maintenance 5 13. Savings 5 14. Severability 5 15. Subcontracting 5 16. Survival 6 17. Termination for Cause 6 18. Termination for Convenience 6 19. Termination Procedures 6 20. Treatment of Assets 7 21. Waiver 8 Attachment A, Scope of Work Attachment B, Budget FACE SHEET s Contract Number: 20-63314-032 Washington State Department of Commerce Local Government Division Growth Management Services HB 1923 Grant 1. Contractor 2. Contractor Doing Business As(optional) City of Yakima 129 North Second Street Yakima,WA 98901 3. Contractor Representative 4. COMMERCE Representative Joan Davenport Scott Kuhta PO Box 42525 Director of Community Development Senior Planner 1011 Plum Street SE (509)576-6417 (509)795-6884 Olympia Washington joan.davenport@yakimawa.gov scott.kuhta@commerce.wa.gov 98504-2525 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $100,000 State of Washington Date of Execution June 30, 2021 11. SWV# 12.UBI# 5WV0007122-03 397-005-272 14. Contract Purpose HB 1923 grant funding to address housing affordability. 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference: Attachment"A"—Scope of Work,Attachment"B"—Budget, <etc.> FOR CONTRACTOR FOR COMMERCE Alex Meyerhoff,Interim City Manager Mark Barkley,Assistant Director,Local Government Division Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 6/11/2019. APPROVAL ON FILE. i 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 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed $100,000 for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. Actions selected from the menu of twelve actions must be adopted by April 1, 2021 to receive full funding. Budget managers should be aware that the final thirty percent (30%) of the grant amount for each action is contingent upon adoption of the selected Action. The final due date for Deliverables must be no later than June 15, 2021. 4. EXPENSES Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by COMMERCE as reimbursable. Such expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 5. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided, related deliverables and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than quarterly. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 20-63314-032. 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. COMMERCE will pay Contractor for costs incurred prior to the start date of this Agreement, if such costs would have been allowable on or after July 28, 2019, the effective date of Engrossed Second Substitute House Bill 1923 (2019). To be allowable, such costs must be limited to the completion of tasks and deliverables outlined in the Scope of Work (Attachment A). State of Washington Interagency Agreement Updated June 2019 Department of Commerce Page 1 7 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 6. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Agreement performed by subcontractors and the portion of funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 7. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A—Scope of Work • Attachment B— Budget • add any other attachments incorporated by reference on the Face Sheet State of Washington Interagency Agreement Updated June 2019 Department of Commerce Page 2 8 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. Up to ten percent of the contract amount for each activity may be moved to another activity without a contract amendment. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of State of Washington Interagency Agreement Updated June 2019 Department of Commerce Page 3 9 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty- free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. State of Washington Interagency Agreement Updated June 2019 Department of Commerce Page 4 0 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 9. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they State of Washington Interagency Agreement Updated June 2019 Department of Commerce Page 5 11 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or(2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets"clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes"clause of this contract. State of Washington Interagency Agreement Updated June 2019 Department of Commerce Page 6 12 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. State of Washington Interagency Agreement Updated June 2019 Department of Commerce Page 7 13 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. State of Washington Interagency Agreement Updated June 2019 Department of Commerce Page 8 14 Attachment A Scope of Work A. Housing Action Plan Steps/ Deliverables Description Start Date End Date Develop a Housing Action Plan: The goal of any such housing plan must be to encourage construction of additional affordable and market rate housing in a greater variety of housing types and at prices that are accessible to a greater variety of incomes, including strategies aimed at the for-profit single-family home market. Action 1 Define Key Housing Affordability Challenges for all 1/2020 3/2020 demographic and economic segments in Yakima, with a focus on Local Workforce; Low to Moderate income families; Seniors; and those in need of Permanent Supportive or Transitional Housing. Step 1.1 Review demographic data from US Census Tract and 2/2020 2/2020 Block Group information; Review population and employment trends; Review local data sources such as Equity Study and other sources to develop Needs Assessment and profiles of opportunities for each of the Four Priority Issues: 1) Infill development of housing; 2) home-ownership for low to moderate income families; 3) development of senior housing affordable to the low and moderate income population; and, 4) construction of temporary housing and permanent supportive housing which helps address and prevent future homelessness. Step 1.2 Evaluate local market conditions and regulatory 2/2020 2/2020 environment. Review lending and partnership opportunities. Step 1.3 Review City of Yakima Equity Study and 2/2020 2/2020 Comprehensive Plan to review and evaluate any adjustments to priority issues. Step 1.4 Establish a Technical Advisory Group (TAG) and a 1/2020 1/2020 list of Stakeholders to help guide HAP (meeting 1). Outline Community Outreach plans. 15 Attachment A Deliverable 1 Develop written and on-line summary of needs 3/2020 and findings. Present to TAG and Stakeholdeis. Get feedback and refine. Action 2 Develop Goals and Target Outcomes for each 3/2020 5/2020 of the Four Priority Issue Housing types Step 2.1 Evaluate needs assessment data. Conduct gap 3/2020 3/2020 analysis to provide a range of housing unit goals by type. Evaluate market conditions and partnership capacity. Step 2.2 Analyze local housing element policies and 3/2020 4/2020 regulatory constraints. Evaluate the effectiveness of existing code provisions. Review measures recently implemented to be in conformance with HB 1923 Consider strategies to minimize displacement of low-income residents resulting from redevelopment. Step 2.3 Meet with TAG and Stakeholders to help identify 3/2020 5/2020 realistic goals and timelines to achieve targets (meeting 2) Deliverable 2 Report with well-defined targets and constraints 5/2020 Steps/, Deliverables Description Start Date End Date Action 3 Develop Critical Action Steps needed to support 3/2020 6/2020 housing targets, especially for Four Priority Issues: Infill Development; Promote Home Ownership for Low to Moderate income families; Affordable Senior Housing; and Permanent Supportive or Transitional Housing. Step 3.1 Review Best Practices and Effective Programs 3/2020 5/2020 utilized in successful projects related to the Four Priority Issues. Evaluate local resources to identify missing components. Explore Housing Land Trusts, other measures and incentives. Step 3.2 Draft a comprehensive menu of potential actions 4/2020 6/2020 and implementation options for each of the four priority issues. Step 3.3 Get feedback from TAG and Stakeholders on 4/2020 6/2020 Critical Action Steps (meeting 3) including identification of prioritized implementing action steps with responsible parties. Deliverable 3 Develop written and on-line summary Critical 6/2020 Action Steps 16 Attachment A Action 4 Identification of potential catalyst sites where 6/2020 9/2020 these housing product types could be located. This includes outreach to land owners for level of interest in development. Step 4.1 Using City of Yakima GIS team and mapping 6/2020 8/2020 layers, evaluate and identify potential locations for infill and priority housing issues using criteria suggested by TAG &Stakeholders Step 4.2 Create an evaluation tool and mapping illustration 7/2020 9/2020 of areas that have highest potential for infill and catalyst housing projects Step 4.3 Begin general public education process and 9/2020 10/2020 distribution of information related to Affordable Housing needs in community. Deliverable's 4 Develop map and interactive dashboard to review 10/2020 potential sites for priority projects Steps/ Start Date End Date Deliverables Description Action 5 Draft Housing Action Plan including a schedule of 10/2020 3/2021 programs and actions to implement the recommendations, including any regulatory changes needed to implement. Step 5.1 Community Engagement including TAG, 10/2020 11/2020 Stakeholder and general information presentations and comment. Revise as appropriate Step 5.2 SEPA review 10/2020 11/2020 Step 5.3 Planning Commission Review 10/2020 12/2020 Deliverable 5 City Council Adoption of Housing Action Plan 3/2021 17 Attachment B Budget B. Budget Action/ Deliverables Commerce Other Funds In-Kind, Funds City staff and resources Action 1. Needs Assessment $10,000 $2,500 Action 2.Identify Goals and Targets $10,000 $41,000* Action 3. Develop Critical Action Steps $15,000 $5,000 Action 4. Identify Catalyst locations and tools $15,000 $5,000 Action 5. Draft HAP and Community Engagement $50,000 $25,000 Total: $100,000 $78,500 Narrative of Costs- Hourly City staff rate is estimated at$140, including Planning Manager, Community Development Director and Administrative staff time. 18 rrrr: ARib_ .rirrrr S•�"x.j,%l y t k..7 STATE DEPARTMENT OF COMMERCE 1011 Plum Street Box 5 5 Olympias Washington 98504-2525 725-4000 www.commerce.w . November 5, 2019 The Honorable Kathy Coffey Mayor of Yakima 129 North Second Street Yakima, Washington 98901 RE: E2SHB 1923 Grant—Increasing Residential Building Capacity Dear Mayor Coffey: I am pleased to inform you that the city of Yakima has been awarded $100,000.00 in grant funds for the 2019-21 Biennium to assist with increasing urban residential building capacity and streamlining regulations. The Washington State Legislature created this new grant program under Engrossed Second Substitute House Bill (E2SHB) 1923 (Chapter 348, Laws of 2019), which provides a number of eligible land use planning activities for cities to consider implementing to increase housing capacity. Your jurisdiction recently submitted a grant application, identifying actions it intends to develop and adopt, as well as its grant funding need to assist with this work. Your scope of work and budget must be consistent with the scope of work and budget included in your grant application. This grant will be administered by the Washington Department of Commerce, Growth Management Services unit. Before we disburse the funds, a contract with an agreed upon scope of work and budget will need to be executed between your organization and the Department of Commerce. Funds may be retroactively applied to project costs related to your grant scope of work, beginning July 28, 2019,the effective date of E2SHB 1923. Scott Kuhta, Senior Planner is available to help you if you have any questions. Please call (509) 795-6884 or scott.kuhta@commerce.wa.gov for assistance with this contract going forward. Sincerely, Dave Andersen, AICP Managing Director Growth Management Services cc: Rosalinda Ibarra, Community Development Administrative Assistant Cynthia Martinez, City Manager Scott Kuhta