119-23 - Resolution - ILA with Dept. of Commerce Related to Middle Housing GrantDocuSign Envelope ID: 4332D489-5BB9-4060-98BC-BF5F7C565C39
RESOLUTION NO. 119-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN INTERAGENCY AGREEMENT WITH DEPARTMENT OF
COMMERCE RELATED TO THE MIDDLE HOUSING GRANT — FY 2024 AND FY 2025.
WHEREAS; the City of Port Orchard is required to adopt regulations consistent with the
requirements of House Bill 1110 (2023) by June 15, 2025; and
WHEREAS; on September 15, 2023, the City of Port Orchard applied for and successfully
received a State -funded grant of $50,000 from the Washington State Department of Commerce
under the authority granted by Chapter 39.34 RCW for the completion of evaluating, developing and
adopting regulations intended to increase middle -housing options in areas historically dedicated to
single-family detached housing; and
WHEREAS; the awarded grant amount of $50,000 is for the evaluation of existing processes
and regulations which may hinder the development of middle housing options within Port Orchard;
and
WHEREAS; the awarded grant amount of $50,000 is for the development and adoption of
processes and regulations which encourage middle housing options within Port Orchard; and
WHEREAS; the awarded grant amount of $50,000 does not require a local match;
and
WHEREAS; the total grant funding of $50,000 is disbursed equally between the
State of Washington's Fiscal Year 2024 and Fiscal Year 2025; 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 AS
FOLLOWS:
THAT: The City Council authorizes the Mayor Pro-Tem to execute an Interagency Agreement
with the Department of Commerce related to the Middle Housing Grant, 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 Pro-Tem and
attested by the City Clerk in authentication of such passage this 12th day of December 2023.
ATTEST:
Jeni Floyd, CMC, eputy City Clerk
DocuSigned by:
AFF15B026C3F4D8...
Mark Trenary, Mayor Pro-Tem
„NJ% 11111 If irlrl/
SEAL
DocuSign Envelope ID: 4332D489-5BB9-4060-98BC-BF5F7C565C39
.�►. Washington State
Department of
V%0 Commerce
Interagency Agreement with
City of Port Orchard
through
Growth Management Services
Contract Number:
24-63326-132
For
Middle Housing Grant
Dated:
Date of Execution
DocuSign Envelope ID: 4332D489-5BB9-4060-98BC-BF5F7C565C39
Washing:ori Sale
Commerce
Table of Contents
Tableof Contents..................................................................................................................... 2
FaceSheet
................................................................................................................................
3
Special
Terms and Conditions................................................................................................
4
1.
AUTHORITY...................................................................................................................
4
2.
CONTRACT MANAGEMENT.........................................................................................
4
3.
COMPENSATION...........................................................................................................
4
5.
SUBCONTRACTOR DATA COLLECTION.....................................................................
5
6.
INSURANCE...................................................................................................................
5
7.
FRAUD AND OTHER LOSS REPORTING.....................................................................
5
8.
ORDER OF PRECEDENCE............................................................................................
5
General
Terms and Conditions...............................................................................................
6
1.
DEFINITIONS..................................................................................................................6
2.
ALL WRITINGS CONTAINED HEREIN...........................................................................
6
3.
AMENDMENTS...............................................................................................................6
4.
ASSIGNMENT.................................................................................................................6
5.
CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION ...................................
6
6.
COPYRIGHT...................................................................................................................7
7.
DISPUTES......................................................................................................................
7
8.
GOVERNING LAW AND VENUE....................................................................................
8
9.
INDEMNIFICATION.........................................................................................................
8
10.
LICENSING, ACCREDITATION AND REGISTRATION ...............................................
8
11.
RECAPTURE...............................................................................................................8
12.
RECORDS MAINTENANCE........................................................................................
8
13.
SAVINGS.....................................................................................................................8
14.
SEVERABILITY...........................................................................................................
8
15.
SUBCONTRACTING...................................................................................................
9
16.
SURVIVAL...................................................................................................................9
17.
TERMINATION FOR CAUSE.......................................................................................
9
18.
TERMINATION FOR CONVENIENCE.........................................................................
9
19.
TERMINATION PROCEDURES..................................................................................
9
20.
TREATMENT OF ASSETS.........................................................................................10
21.
WAIVER.....................................................................................................................11
Attachment A: Scope of Work................................................................................................12
AttachmentB: Budget............................................................................................................16
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Face Sheet
Contract Number: 24-63326-132
Local Government Division Growth Management Services
Middle Housing Grants
1. Contractor
2. Regional Planner
City of Port Orchard
216 Prospect St
Carol Holman
Port Orchard, WA-98366
Carol. Holman@commerce.wa.gov
3. Contractor Representative
4. COMMERCE Representative
Nicholas Bond
Anne Aurelia Fritzel 1011 Plum Street SE
Director
Housing Planning Manager Olympia, WA 98504
360-874-5533
360-259-5216
nbond@portorchardwa.gov
Anne.Fritzel@commerce.wa.gov
5. Contract Amount
6. Funding Source
7. Start Date
8. End Date
$50000
Federal: ❑ State: ® Other: ❑ N/A: ❑
Date of Execution
June 15, 2025
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
�0025665
182-000-005
N/A
14. Contract Purpose
For activities that support the preparation and adoption of policies and/or codes and other measures specific to implement
middle housing (RCW 36.70A.030(26)) by applicable statutory deadlines.
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the
terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized
to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract
and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope
of Work, and Attachment "B" — Budget.
F
FOR COMMERCE
lnDGOP#TRACTOR
kAra-rn-A/LmV Mayor Pro-Tem
AFF15Rf1'FiC'3Fdf1A
Rob Putaansuu, Mayor
Mark K. Barkley, Assistant Director
Local Government Division
Signature
12/13/2023
Date
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
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Special Terms and Conditions
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter
39.34 RCW.
2. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet
of this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed $50000 (fifty thousand dollars), 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 deliverables provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly nor less than quarterly.
The 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-
63326-132.
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.
Invoices and End of Fiscal Year
Invoices are due on the 20th of the month following the provision of services.
Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide
notification of the end of fiscal year due date.
The Contractor must invoice for all expenses from the beginning of the contract through June 30,
regardless of the contract start and end date.
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. Any payment made by COMMERCE
for costs that are determined to be duplicate, in Commerce's sole determination, shall be subject to
recapture and may result in suspension or termination of this Contract.
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Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until
acceptance by COMMERCE of the final report (or completion of the project, etc.).
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:
L All material provided to the Contractor by COMMERCE that is designated as
"confidential" by COMMERCE;
!I. All material produced by the Contractor that is designated as "confidential" by
COMMERCE; and
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iii. All Personal Information in the possession of the Contractor that may not be disclosed
under state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing,
transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential
Information solely for the purposes of this Contract and shall not use, share, transfer, sell or
disclose any Confidential Information to any third party except with the prior written consent
of COMMERCE or as may be required by law. The Contractor shall take all necessary steps
to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,
transfer, sale or disclosure of Confidential Information or violation of any state or federal laws
related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and
procedures on confidentiality. COMMERCE may require changes to such policies and
procedures as they apply to this Contract whenever COMMERCE reasonably determines that
changes are necessary to prevent unauthorized disclosures. The Contractor shall make the
changes within the time period specified by COMMERCE. Upon request, the Contractor shall
immediately return to COMMERCE any Confidential Information that COMMERCE
reasonably determines has not been adequately protected by the Contractor against
unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5)
working days of any unauthorized use or disclosure of any confidential information, and shall
take necessary steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works
for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE
shall be considered the author of such Materials. In the event the Materials are not considered
"works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right,
title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of
publicity to COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports,
documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs,
films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent,
register and the ability to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty -
free, irrevocable license (with rights to sublicense to others) in such Materials to translate,
reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The
Contractor warrants and represents that the Contractor has all rights and permissions, including
intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to
COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained
therein and of any portion of such document which was not produced in the performance of this
Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or
claim of infringement received by the Contractor with respect to any Materials delivered under this
Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed
upon the Materials by the Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make
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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 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
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acquired for the performance of such part of this contract as has been terminated. The provisions of
the 'Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case
the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to
agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
contract. COMMERCE may withhold from any amounts due the Contractor such sum as the
Authorized Representative determines to be necessary to protect COMMERCE against potential
loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
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.
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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.
E. All reference to the Contractor under this clause shall also include Contractor's employees,
agents or Subcontractors.
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
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Attachment A: Scope of Work
Actions/Steps/
Deliverables
Description
Start Date
End Date
Action 1
Prepare Draft Middle Housing
September
May 2024
Comprehensive Plan Policies
2023
Step 1.1
Based on the City's Housing Action Plan
February 2024
(which was adopted in 2023) and other
resources such as Commerce materials,
prepare a memorandum that identifies the
menu of choices (Middle Housing Options
Memo) that City decision -makers can use to
evaluate options for the production of middle
housing within the City of Port Orchard.
Step 1.2
Present the Middle Housing Options memo
April 2024
to the Port Orchard City Council. The purpose
of the meeting will be to review the memo
and seek direction from the Council related
to which strategies should be further
developed.
Step 1.3
After receiving direction from the City
May 2024
Council, City staff will review the land use,
housing, and capital facilities elements of the
City's draft Comprehensive Plan as well as
our recently completed HAP to explore
opportunities to remove impediments and
incentivize the production of middle housing
units within the City of Port Orchard.
Deliverable 1
Middle Housing Options Memo and Draft
May 2024
Middle Housing Comprehensive Plan Policies
Action 2
Evaluate City Design Standards / Guidelines
July 2024
November
and Related Review Procedures related to
2024
Middle Housing
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DocuSign Envelope ID: 4332D489-5BB9-4060-98BC-BF5F7C565C39
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Department of
�ia•� Commerce
Actions/Steps/
Deliverables
Description
Start Date
End Date
Step 2.1
Review and evaluate the set of various design
July 2024
standards and guidelines that apply to
residential development as adopted in POMC
20.127 and 20.139. We will explore how the
design standards and guidelines either
hinder, or foster, middle housing
development opportunities.
Step 2.2
Review and evaluate the city's procedures
July 2024
and processes for review of permits for
design standards and guidelines.
Step 2.3
Prepare a memo with summarizing the
August 2024
findings and conclusions that result from the
investigative work conducted in Steps 2.1 and
2.2, and further evaluating how the city's
procedures and standards / guidelines do or
do not comply with HB 1110 and ESHB 1293
(i.e., use of objective language).
Step 2.4
Present the memo generated in Step 1.3 to
September
the Planning Commission in a workshop
2024
setting; public comments will be solicited.
Step 2.5
Prepare draft edits to the various design
November
standards and guidelines (that apply to
2024
residential development in the city)
documents, as adopted in POMC 20.127 and
20.139 as well as edits to those portions of
the municipal code that set out procedures
for the administration of the design review
process to align with the requirements of HB
1110.
Deliverable 2
City Design Standards/ Guidelines
November
Evaluation Memo related to Middle Housing
2024
Action 3
Research and Prepare Draft Middle Housing
July 2024
January 2025
Development Regulation Amendments
Step 3.1
Review and evaluate existing development
July 2024
regulations and the recently completed HAP
for ways to remove impediments and
incentivize the construction of middle
housing using the Commerce Middle Housing
Model Ordinance.
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Department of
Commerce
Actions/Steps/
Deliverables
Description
Start Date
End Date
Step 3.2
A) Prepare a memo that evaluates the city's
August 2024
codes regarding development in the various
residential zoning districts , together with the
"Neighborhood Mixed Use" "Gateway Mixed
Use " "Commercial Mixed Use ", "Business
Professional Mixed Use "zone district (and,
potentially the "Downtown Mixed Use" and
"Commercial Corridor" zones) for potential
changes that could result in fostering an
increase in middle housing development by
broadening the types of housing allowed in
each zone allowing in all districts
B) The memo will further identify if there
appears to be a need for the city to consider
instituting a special exception to the city's
regulations for legal non -conforming, to allow
the expansion and/ or modification of non-
conforming homes and housing units that are
no longer zoned residential and generate a
list of potentially affected properties, to
expand the opportunity for code changes to
foster middle housing opportunities.
Step 3.3
Facilitate a meeting of the Port Orchard
September
Planning Commission (and/or City Council) to
2024
review the memo. Seek direction and
feedback related to which strategies should
be further developed.
Step 3.4
Prepare draft amendments to the Port
December
Orchard Municipal Code (Title 20) to facilitate
2024
the production of middle housing in
residential zones. The work will be produced
in legislative bill format (underline/strikeout)
for subsequent consideration under Action 6
by the City Council.
Deliverable 3
Code Evaluation Memorandum and Draft
January 2025
Middle Housing Ordinance
Action 4
Adopt Middle Housing development
January 2025
May 2025
regulation amendments
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Depalment of
Commerce
Actions/Steps/
Deliverables
Description
Start Date
End Date
Step 4.1
Transmit draft Middle Housing ordinance to
January 2025
the State for State agency review (RCW
36.70A.106) and issue a SEPA Threshold
determination (note: we anticipate that an
addendum to the SEPA paperwork used for
the City's Periodic update environmental
review will be an option)
Step 4.2
Planning Commission Briefing/Study Session
January 2025
Step 4.3
Planning Commission Public Hearing
February 2025
Step 4.4
City Council Briefing/Study Session
April 2025
Step 4.5
City Council Public Hearing (adoption)
May 2025
Deliverable 4
Adopted Middle Housing Ordinance
May 2025
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DocuSign Envelope ID: 4332D489-5BB9-4060-98BC-BF5F7C565C39
Washing:ori Sale .�►,
Depalment of
%01 Commerce
Attachment B: Budget
Grant Objective: (A) Complete research /
analysis and conduct public engagement and
public hearing(s) which will form a basis that
the City will use to (B) Prepare and Adopt a
Middle Housing Ordinance that implements
the requirements of HB 1110 (Middle
Commerce
Housing)
FY Funds
Deliverable 1.
Middle Housing Options Memo and Draft
Middle Housing Code Amendments to
FY1— May 2024 $ 25,000
comply with Comprehensive Plan Policies,
including public outreach and engagement
Deliverable 2.
FY2 — November
City Design Standards/ Guidelines Evaluation
$ 7,500
Memo
2024
Deliverable 3.
Code Evaluation Memorandum and Draft
FY2 —January
$ 7,500
Middle Housing Ordinance
2025
Deliverable 4.
Adopted Middle Housing Ordinance
FY2 — May 2025
$ 10,000
Total: 1 1 $ 50,000 1
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