102-23 - Resolution - ILA with Dept. of Commerce for GMA Periodic Update GrantDocuSign Envelope ID: A5707FCC-3CEF-4ECE-9C2C-1BOCA906369B
RESOLUTION NO. 102-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN INTERAGENCY AGREEMENT WITH DEPARTMENT
OF COMMERCE RELATED TO THE GMA PERIODIC UPDATE GRANT — FY 2024.
WHEREAS; the City of Port Orchard is required to prepare a periodic update to the City's
Comprehensive Plan and Critical Areas Code by December 31, 2024; and
WHEREAS; on September 30, 2022, the City of Port Orchard applied for and successfully
received a State -funded grant of $125,000 from the Washington State Department of
Commerce under the authority granted by Chapter 39.34 RCW for the completion the Growth
Management Act (GMA) requirement to review and revise the comprehensive plan and
development regulations under RCW 36.70A.130(5); and
WHEREAS; the awarded grant amount of $125,000 is specifically for the required
Comprehensive Plan Periodic Update does not require a local match; and
WHEREAS; the total grant funding of $125,000 is disbursed equally between the State of
Washington's Fiscal Year 2023 and Fiscal Year 2024; and
WHEREAS, on December 13, 2022, the City of Port Orchard accepted $62,500 of the
awarded grant for Fiscal Year 2023; and
WHEREAS, $62,500 of the awarded grant is available for Fiscal Year 2024; and
WHEREAS, the Washington State Department of Commerce requires the City to execute an
Interagency Agreement with the Department prior to receiving the funds; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
/_IV-1IT91KOITI JI-Is
THAT: The City Council authorizes the Mayor to execute an Interagency Agreement with
the Department of Commerce related to the GMA Periodic Update Grant — FY 2024
State program, attached hereto as Exhibit A and incorporated herein by this reference.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this atop,,j�,Qf,9ctober 2023.
}°oti �l�aAAn,SUdti
3B96492E3F5847D_.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
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_�• SEAL
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DocuSign Envelope ID: A5707FCC-3CEF-4ECE-9C2C-1BOCA906369B
.�►. Washington State
Department of
V%0 Commerce
Interagency Agreement with
For
City of Port Orchard
through
Growth Management Services
Contract Number:
24-63335-242
GMA Periodic Update Grant — FY2024
Dated: Date of Execution
DocuSign Envelope ID: A5707FCC-3CEF-4ECE-9C2C-1BOCA906369B
Washing.on Sale
Commerce
Table of Contents
TABLE OF CONTENTS.............................................................................................................................................. 2
FACESHEET............................................................................................................................................................3
SPECIAL TERMS AND CONDITIONS.........................................................................................................................5
1. AUTHORITY......................................................................................................................................................5
2. CONTRACT MANAGEMENT.............................................................................................................................5
3. COMPENSATION..............................................................................................................................................5
4. BILLING PROCEDURES AND PAYMENT.............................................................................................................5
5. SUBCONTRACTOR DATA COLLECTION.............................................................................................................6
6. INSURANCE......................................................................................................................................................6
7. FRAUD AND OTHER LOSS REPORTING.............................................................................................................6
8. ORDER OF PRECEDENCE..................................................................................................................................6
GENERAL TERMS AND CONDITIONS.......................................................................................................................7
1.
DEFINITIONS....................................................................................................................................................7
2.
ALL WRITINGS CONTAINED HEREIN.................................................................................................................7
3.
AMENDMENTS................................................................................................................................................7
4.
ASSIGNMENT...................................................................................................................................................7
5.
CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION...........................................................................7
6.
COPYRIGHT......................................................................................................................................................8
7.
DISPUTES.........................................................................................................................................................8
8.
GOVERNING LAW AND VENUE........................................................................................................................9
9.
INDEMNIFICATION..........................................................................................................................................9
10.
LICENSING, ACCREDITATION AND REGISTRATION...........................................................................................9
11.
RECAPTURE......................................................................................................................................................9
12.
RECORDS MAINTENANCE................................................................................................................................9
13.
SAVINGS..........................................................................................................................................................9
14.
SEVERABILITY...................................................................................................................................................9
15.
SUBCONTRACTING........................................................................................................................................10
16.
SURVIVAL.......................................................................................................................................................10
17.
TERMINATION FOR CAUSE.............................................................................................................................10
18.
TERMINATION FOR CONVENIENCE................................................................................................................10
19.
TERMINATION PROCEDURES.........................................................................................................................10
20.
TREATMENT OF ASSETS.................................................................................................................................11
21.
WAIVER.........................................................................................................................................................12
ATTACHMENT A: SCOPE OF WORK.......................................................................................................................13
ATTACHMENTB: BUDGET....................................................................................................................................16
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.�►, Washing.on Sale
Depalment of
Commerce
Face Sheet
Local Government Division
Growth Management Services
GMA Periodic Update Grant (PUG)
Contract Number: 24-63335-242
1. Contractor
2. Contractor Doing Business As (as applicable)
City of Port Orchard
N/A
216 Prospect Street
Port Orchard, WA 98366
3. Contractor Representative
4. COMMERCE Representative
Nick Bond, AICP
Carol Holman PO Box 42525
Community Development Director
Senior Planner 1011 Plum St. SE
(360) 874-5533
360-725-2706 Olympia, WA 98504
nbond Ca)cityofportorchard. us
carol. holman(a)commerce.wa.gov
5. Contract Amount
6. Funding Source
7. Start Date
8. End Date
$62,500
Federal: ❑ State: ® Other: ❑ N/A: ❑
Date of Execution
June 30, 2024
9. Federal Funds (as applicable) Federal Agency: ALN
N/A N/A N/A
10. Tax ID #
11. SWV #
12. UBI #
13. UEI #
N/A
SWV0025665-00
182-000-005
N/A
14. Contract Purpose
Grant funding to assist the City of Port Orchard with planning work for the completion the Growth Management Act (GMA)
requirement to review and revise the comprehensive plan and development regulations under RCW 36.70A.130(5).
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the
terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized
to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract
and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope
of Work, Attachment "B" — Budget.
Signature Block on next page
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Washing.on Sale .�►,
Depalment of
%01 Commerce
FOR CONTRACTOR
EDocuSigned by:
6bt* - P4MAA SWu,
49DD710710FF4B2...
Robert Putaansuu, Mayor
City of Port Orchard
10/20/2023 1 9:10 AM PDT
Date
EDocuSigned by-
(--,
� -
F1B020A8F179422...
Charlotte Archer, City Attorney
10/20/2023 1 8:25 AM PDT
Date
EDocuSigned by:
valn 1NUAU-
46ASA54BBD00418...
Brandy Wallace, City Clerk
10/25/2023 1 10:34 AM PDT
Date
FOR COMMERCE
DocuSigned by:
ba&b-�
80312B04865C458...
Mark K. Barkley, Assistant Director
Local Government Division
10/25/2023 1 9:32 PM PDT
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
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Special Terms and Conditions
AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter
39.34 RCW.
2. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet
of this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed sixty-two thousand, five hundred dollars
($62,500), for the performance of all things necessary for or incidental to the performance of work
under this Contract as set forth in the Scope of Work.
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly nor less than quarterly.
The 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 24-
63335-242. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must
accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Grant Start Date
COMMERCE will pay the Contractor for costs incurred beginning July 1, 2023, for services and
deliverables described under this Agreement.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
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The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until
acceptance by COMMERCE of the final report (or completion of the project, etc.).
Line Item Modification of Budget
A. Notwithstanding any other provision of this contract, the Contractor may, at its discretion, make
modifications to line items in the Budget (Attachment B) that will not increase the line item by
more than fifteen percent (15%).
B. The Contractor shall notify COMMERCE in writing (by email or regular mail) when proposing
any budget modification or modifications to a line item of the Budget (Attachment B) that would
increase the line item by more than fifteen percent (15%). Conversely, COMMERCE may
initiate the budget modification approval process if presented with a request for payment under
this contract that would cause one or more budget line items to exceed the 15 percent (15%)
threshold increase described above.
C. Any such budget modification or modifications as described above shall require the written
approval of COMMERCE (by email or regular mail), and such written approval shall amend the
Budget. Each party to this contract will retain and make any and all documents related to such
budget modifications a part of their respective contract file.
5. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Contract performed by subcontractors and the portion
of Contract funds expended for work performed by subcontractors, including but not necessarily
limited to minority -owned, woman -owned, and veteran -owned business subcontractors.
"Subcontractors" shall mean subcontractors of any tier.
6. INSURANCE
Each party certifies that it is self -insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
7. FRAUD AND OTHER LOSS REPORTING
Contractor shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
8. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A — Scope of Work
• Attachment B — Budget
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General Terms and Conditions
DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing
to act on the Director's behalf.
B. "COMMERCE" shall mean the Washington Department of Commerce.
C. "Contract" or "Agreement" or "Grant" means the entire written agreement between
COMMERCE and the Contractor, including any Attachments, documents, or materials
incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract
shall be the same as delivery of an original.
D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing
service(s) under this Contract, and shall include all employees and agents of the Contractor.
E. "Personal Information" shall mean information identifiable to any person, including, but not
limited to, information that relates to a person's name, health, finances, education, business,
use or receipt of governmental services or other activities, addresses, telephone numbers,
social security numbers, driver license numbers, other identifying numbers, and any financial
identifiers, and "Protected Health Information" under the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA).
F. "State" shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all
or part of those services under this Contract under a separate contract with the Contractor. The
terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as "confidential"
by COMMERCE;
ii. All material produced by the Contractor that is designated as "confidential" by
COMMERCE; and
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M. All Personal Information in the possession of the Contractor that may not be disclosed
under state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential
Information solely for the purposes of this Contract and shall not use, share, transfer, sell or
disclose any Confidential Information to any third party except with the prior written consent of
COMMERCE or as may be required by law. The Contractor shall take all necessary steps to
assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,
transfer, sale or disclosure of Confidential Information or violation of any state or federal laws
related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and
procedures on confidentiality. COMMERCE may require changes to such policies and
procedures as they apply to this Contract whenever COMMERCE reasonably determines that
changes are necessary to prevent unauthorized disclosures. The Contractor shall make the
changes within the time period specified by COMMERCE. Upon request, the Contractor shall
immediately return to COMMERCE any Confidential Information that COMMERCE reasonably
determines has not been adequately protected by the Contractor against unauthorized
disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5)
working days of any unauthorized use or disclosure of any confidential information, and shall
take necessary steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty -
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants
and represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract.
The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the Contractor with respect to any Materials delivered under this Contract.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
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prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Contractor shall retain such records for a period of six years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
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15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as
they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or
entity; or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor's performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized
by law including, but not limited to, any cost difference between the original contract and the
replacement or cover contract and all administrative costs directly related to the replacement contract,
e.g., cost of the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or
her control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days' written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Contractor to deliver to COMMERCE any property specifically produced or
acquired for the performance of such part of this contract as has been terminated. The provisions of
the "Treatment of Assets" clause shall apply in such property transfer.
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COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract.
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
Authorized Representative, all of the rights, title, and interest of the Contractor under the orders
and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent
the Authorized Representative may require, which approval or ratification shall be final for all
the purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the Authorized Representative any property which, if the contract had been completed,
would have been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for
the protection and preservation of the property related to this contract, which is in the
possession of the Contractor and in which COMMERCE has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor
under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property
in the performance of this contract, or (ii) commencement of use of such property in the performance
of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part,
whichever first occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided
herein or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the Contractor or which results from the failure on the part of the
Contractor to maintain and administer that property in accordance with sound management
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practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract.
E. All reference to the Contractor under this clause shall also include Contractor's employees,
agents or Subcontractors.
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
Page 12 of 16
DocuSign Envelope ID: A5707FCC-3CEF-4ECE-9C2C-1BOCA906369B
.�►, Washing.on Sale
Depalment of
Commerce
Attachment A: Scope of Work
Tasks / Actions /
Description
End Date
Deliverables
Task 3
Draft Subarea Plan Development
July 2023 —
June 2024
Action
Prepare complete Draft Bethel North and
July 2023 -
South Subarea Plans.
September
• Subarea Plans will be based on PSRC
2023
Countywide Center size limits.
Action
Existing Conditions Analysis
July 2023 -
• Review existing plans, studies,
September
regulations, and vision documents that
2023
affect or may influence the study area.
• Create base maps to graphically
depict existing conditions and identify
Subarea Plan boundaries.
Action
Demographic/Market Analysis
July 2023 -
• Review the Comprehensive Plan and
September
Census data to confirm the current
2023
portrait/confirmation of the population
forecasts and household
characteristics.
• Review past studies and update
market conditions within the broader
Kitsap County market to understand
the real estate market fundamentals
focusing on industrial, commercial,
and residential uses.
Action
Design Analysis
September
• Create land use/urban design
2023-
alternatives illustrating various
December 2023
development scenarios.
Action
Land Use/Urban Design Plan
January 2024 -
• Create a locally preferred Land
March 2024
Use/Urban Design Plan.
Action
Technical Analysis
January 2024 -
• Technical review of the proposed
March 2024
Land Use/Urban Design Plan.
Action
Prepare First Complete Drafts of the Subarea
March 2024 -
Plans
April 2024
Page 13 of 16
DocuSign Envelope ID: A5707FCC-3CEF-4ECE-9C2C-1BOCA906369B
Washing.on Sale .�►,
Depalment of
%01 Commerce
• Create project documents to serve as
the policy and strategy plan for the
area.
Action
Final Draft of the Subarea Plans
April 2024 -
• Ensure the Draft plans to be updated
June 2024
in accordance with feedback received
during the Draft Plan process.
Action
Public Workshop with Subarea Plans
December 2023
• Present the revised final draft subarea
plans to the public.
Deliverable
Land Use/Urban Design Concepts for the
December 2023
Bethel North Subarea Plan.
Deliverable
Land Use/Urban Design Concepts for the
December 2023
Bethel South Subarea Plan.
Deliverable
First draft of the Bethel North and Bethel
March 2024
South Subarea Plans.
Deliverable
Final draft of the Bethel North and Bethel
June 15, 2024
South Subarea Plans.
Deliverable
Materials prepared for the workshop —
June 15, 2024
PowerPoint presentation and the Plan.
Task 4
Draft Comprehensive Plan Update
July 2023 —
June 2024
Action
Prepare First Complete Draft of the
July 2023 -
Document
January 2024
• Determine intent to organize,
streamline, and trim the document.
Action
Update any goals, policies, and strategies
July 2023 -
that need to be strengthened, re -written or
January 2024
re -tooled for GMA compliance in all
elements.
Action
Update tables, maps and graphics.
July 2023 -
Januar 2024
Action
Update the required Plan Elements:
July 2023 -
• Introduction
January 2024
• Land Use
• Housing — (to be tracked separately)
• Parks
• Natural Systems
• Climate
• Economic Development
• Utilities
• Transportation
• Capital Facilities
Draft Land Use section.
January 2024
Deliverables
Draft Housing section.
Page 14 of 16
DocuSign Envelope ID: A5707FCC-3CEF-4ECE-9C2C-1BOCA906369B
Washing.on Sale
Commerce
Draft Parks section.
Draft Natural Systems
Draft Climate section
Draft Economic Development section.
Draft Utilities section.
Draft Transportation section
Draft Capital Facilities section
Draft Appendices
Action
Prepare Revised Draft of Comprehensive
February 2024-
Plan
June 2024
Deliverable
Final draft of the Comprehensive Plan
June, 15 2024
Action
Public Workshop for Comprehensive Plan
February 2024
Update
— March 2024
• Revised final draft plan presented to
the public.
Deliverable
Materials prepared for the workshop —
March 2024
PowerPoint presentation and the Plan.
Task 5
Development Regulations and Critical
January 2024
Areas Code Update
— June 2024
Action
Development Regulations Update
January 2024 —
• Compare the updated comprehensive
June 2024
plan's policies with the City's adopted
development regulations through a
gap analysis matrix, identifying
implementing code amendments, and
map amendments.
Deliverable
Draft Development Regulation Gap Analysis.
June 15, 2024
Action
Critical Areas Code Update
January 2024 —
• Review the Port Orchard's critical
June 2024
areas regulations for compliance with
GMA using best available science
(BAS) related to critical areas
identifying data gaps through a BAS
analysis for critical areas regulations
update.
Deliverable
Draft Critical Areas Code updates.
June 15, 2024
Page 15 of 16
DocuSign Envelope ID: A5707FCC-3CEF-4ECE-9C2C-1BOCA906369B
Washing.on Sale
Commerce
Attachment B: Budget
Year 2 Task/Deliverable
Year 2 Amount
Task 3
- Draft Subarea Plan Development. Deliverables:
$23,750
•
Land Use/Urban Design Concepts for the Bethel North
Subarea Plan.
•
Land Use/Urban Design Concepts for the Bethel South
Subarea Plan.
•
First Draft of the Bethel North and Bethel South Subarea
Plans.
•
Revised final draft of the Bethel North and Bethel South
Subarea Plans.
•
Materials prepared for the workshop — PowerPoint
presentation and the Plan.
Task 4
- Draft Comprehensive Plan Update. Deliverables:
$23,750
•
Draft Land Use section
•
Draft Housing section ($2,000, to be tracked separately)
•
Draft Parks section
•
Draft Natural Systems
•
Draft Climate section
•
Draft Economic Development section
•
Draft Utilities section
•
Draft Transportation section
•
Draft Capital Facilities section
•
Draft Appendices
•
Revised final draft of the Comprehensive Plan.
•
Materials prepared for the workshop — PowerPoint
presentation and the Plan.
Task 5
- Development Regulations and Critical Areas Code
$15,000
Update. Deliverables:
•
Draft Development Regulation Gap Analysis
•
Draft Critical Areas Code updates
Total Grant SFY 2024 only)
$62,500
Page 16 of 16
DocuSign Envelope ID: A5707FCC-3CEF-4ECE-9C2C-1BOCA906369B
Internal routing form. Will be deleted after contract fully signed.
Commerce GMS programs - Contract review and routing form
Reviewer
Name
Initials and Date
Budget Analyst
Corina Campbell
DS
10/19/2023 1 2 :45 PM PDT
GMS Managing Director
Dave Andersen
10/20/2023 1 8: 20 AM PDT
iv;
Deputy Assistant Director — LGD
Tony Hanson
DS
i.�y 10/25/2023 1 9: 27 PM PDT
DocuSign Envelope ID: A5707FCC-3CEF-4ECE-9C2C-1BOCA906369B
DocuSign
Certificate Of Completion
Envelope Id: 959AAAD346DF4D758D75D7136E36A431
Subject: Complete with DocuSign: Port Orchard PUG Contract
Division:
Local Government
Program: PUG
ContractN umber: 24-63335-242
DocumentType: Contract
Source Envelope:
Document Pages: 17 Signatures: 4
Certificate Pages: 6 Initials: 3
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original Holder: Ashley Murphy
10/17/2023 5:33:59 PM ashley.murphy@commerce.wa.gov
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Washington State Department of Commerce
Signer Events Signature
Corina Campbell E�DS
corina.campbell@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 147.55.134.76
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dave Andersen
dave.andersen@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Charlotte Archer
CArcher@insleebest.com
Charlotte Archer
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/20/2023 8:25:15 AM
ID:dOaf5068-dbdd-470b-a669-f39d4d2affe2
ED
Signature Adoption: Pre -selected Style
Using IP Address: 147.55.149.140
DocuSigned by-
8 F 17 94 2 2
Signature Adoption: Uploaded Signature Image
Using IP Address: 73.118.245.52
Status: Completed
Envelope Originator:
Ashley Murphy
1011 Plum Street SE
MS 42525
Olympia, WA 98504-2525
ashley.murphy@commerce.wa.gov
IP Address: 147.55.134.94
Location: DocuSign
Location: DocuSign
Timestamp
Sent: 10/17/2023 5:40:40 PM
Viewed: 10/19/2023 2:45:21 PM
Signed: 10/19/2023 2:45:26 PM
Sent: 10/19/2023 2:45:28 PM
Viewed: 10/20/2023 8:20:13 AM
Signed: 10/20/2023 8:20:20 AM
Sent: 10/20/2023 8:20:23 AM
Viewed: 10/20/2023 8:25:15 AM
Signed: 10/20/2023 8:25:38 AM
DocuSign Envelope ID: A5707FCC-3CEF-4ECE-9C2C-1BOCA906369B
Signer Events
Robert Putaansuu
rputaansuu@portorchardwa.gov
Mayor
City of Port Orchard
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/20/2023 9:10:03 AM
ID:a81e7dd5-4d41-4f07-b61f-6e5915e22f24
Brandy Wallace
bwallace@portorchardwa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/25/2023 10:34:50 AM
ID:76f26cOb-57bf-4bbe-9be7-5161adecd018
Tony Hanson
tony.hanson@commerce.wa.gov
Washington State Department of Commerce
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mark Barkley
mark.barkley@commerce.wa.gov
Assistant Director
Washington State Department of Commerce
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Paul Johnson
paul.johnson@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Signature
ED S'gnetl by:
ol9t vf Naaun Slnu
49DD710710FF4B2...
Signature Adoption: Pre -selected Style
Using IP Address: 152.44.129.230
by:
EDII"Sil"Idw
46A5A54BBD0041s...
Signature Adoption: Pre -selected Style
Using IP Address: 152.44.129.230
E
Signature Adoption: Pre -selected Style
Using IP Address: 198.239.10.199
EDocuSSignetl by:
��
80312804865C458...
Signature Adoption: Pre -selected Style
Using IP Address: 198.239.10.193
Signature
Status
Status
Status
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Status
PIED
Timestamp
Sent: 10/20/2023 8:25:40 AM
Viewed: 10/20/2023 9:10:03 AM
Signed: 10/20/2023 9:10:46 AM
Sent: 10/20/2023 9:10:48 AM
Viewed: 10/25/2023 10:34:50 AM
Signed: 10/25/2023 10:34:57 AM
Sent: 10/25/2023 10:35:00 AM
Viewed: 10/25/2023 9:27:34 PM
Signed: 10/25/2023 9:27:52 PM
Sent: 10/25/2023 9:27:54 PM
Viewed: 10/25/2023 9:32:14 PM
Signed: 10/25/2023 9:32:23 PM
Timestamp
Timestamp
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Timestamp
Sent: 10/17/2023 5:40:41 PM
DocuSign Envelope ID: A5707FCC-3CEF-4ECE-9C2C-1BOCA906369B
Carbon Copy Events
James Fisk
jfisk@portorchardwa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Status
COPIED
Nicholas Bond COPIED
nbond@portorchardwa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Noah Crocker PI E D
ncrocker@portorchardwa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Timestamp
Sent: 10/20/2023 8:20:24 AM
Viewed: 10/20/2023 8:31:59 AM
Sent: 10/20/2023 8:20:24 AM
Viewed: 10/23/2023 11:36:12 AM
Sent: 10/20/2023 8:25:41 AM
Witness Events
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Hashed/Encrypted
10/17/2023 5:40:41 PM
Certified Delivered
Security Checked
10/25/2023 9:32:14 PM
Signing Complete
Security Checked
10/25/2023 9:32:23 PM
Completed
Security Checked
10/25/2023 9:32:23 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
DocuSign Envelope ID: A5707FCC-3CEF-4ECE-9C2C-1BOCA906369B 2 PM
Parties agreed to: Charlotte Archer, Robert Putaansuu, Brandy Wallace
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Washington State Department of Commerce (we, us or Company) may be
required by law to provide to you certain written notices or disclosures. Described below are the
terms and conditions for providing to you such notices and disclosures electronically through the
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send you paper copies of any such documents from our office to you, you will be charged a
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If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
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Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
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All notices and disclosures will be sent to you electronically
DocuSign Envelope ID: A5707FCC-3CEF-4ECE-9C2C-1BOCA906369B
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
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described below. Please also see the paragraph immediately above that describes the
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How to contact Washington State Department of Commerce:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: docusign@commerce.wa.gov
To advise Washington State Department of Commerce of your new email address
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electronically to you, you must send an email message to us at docusign@commerce.wa.gov and
in the body of such request you must state: your previous email address, your new email
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To request paper copies from Washington State Department of Commerce
To request delivery from us of paper copies of the notices and disclosures previously provided
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To withdraw your consent with Washington State Department of Commerce
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
DocuSign Envelope ID: A5707FCC-3CEF-4ECE-9C2C-1BOCA906369B
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check -box indicating you wish to withdraw your consent, or you may;
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