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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
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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