HomeMy WebLinkAboutCONSENT Middle Housing Grant amend 1JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Josh D. Peters, AICP, Director, Dept. of Community Development
George Terry, Associate Planner
DATE: May 12, 2025
RE: Amendment to Middle Housing Grant (MHG) Contract
STATEMENT OF ISSUE:
The Washington State Department of Commerce - Growth Management Services has allocated
Jefferson County $50,000.00 in grant funding for Middle Housing under House Bill
(HB)I 110. The purpose of this grant source allows for activities that support the preparation of
policies and/or codes and other measures specific to implement middle housing (RCW
36.70A.030(26)) by applicable statutory deadlines. Per HB 1110, "Middle housing" means
buildings that are compatible in scale, form, and character with single-family houses and
contain two or more attached, stacked or clustered homes including duplexes, triplexes,
fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage
housing. On February 26, 2024, the Board of County Commissioners signed Growth
Management Services contract number 24-63336-160 for the MHG, executing the grant and
concurring on a schedule and scope of work. Washington State Department of Commerce
(Commerce) and Community Development have recently coordinated on an amended scope
(attached) to better reflect the work accomplished over the course of the grant funded activities
and to overcome the timeline associated with the ordinance adoption process. Minor
adjustments to the contract were required to satisfy grant expectations by the grant deadline of
June 15, 2025. Therefore, adjustments made to this grant contract require additional review
and signature(s).
ANALYSTS:
MHG Deliverable 1 is a Public Engagement Plan, submitted to Commerce in May 2024. MHG
Deliverable 2 is a Final Code Audit Memo with recommendations for Middle Housing -related
amendments, submitted to Commerce in June 2024. We have amended MHG Deliverable 3
DRAFT Middle Housing Ordinance for Port Hadlock/Irondale UGA Ordinance and MHG
Deliverable 4 Adopted Middle Housing Ordinance. Amended MHG Deliverable 3 has become
a Public Engagement Summary and amended MHG Deliverable 4 has become a DRAFT
Middle Housing Ordinance, both to be submitted to Commerce on or before June 15, 2025.
Again, this amendment works to overcome the timeline associated with the ordinance adoption
process. This amendment also works to better reflect our public engagement activities and
results associated with the MHG. MHG funds and allocation across deliverables remain
unchanged through this amendment. MHG deadlines also remain unchanged through this
amendment.
FISCAL IMPACT:
As this is a deliverable based grant and no amendment was requested to budget or allocation,
there is no fiscal impact from this grant amendment.
RECOMMENDATION:
Approve and fully execute the MHG amended contract.
REVIEWED BY:
haounty
Mark McCauley Administrator Date
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Washington State Department of Commerce
Contract For: Middle Housing Grant Amendment 1 Term
COUNTY DEPARTMENT:
Contact Person:
Contact Phone:
Contact email:
AMOUNT: $50,000
Community Development
Chelsea Pronovost
(360)379-4494
CPronovost@co.jefferson.wa.us
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Fund #
Munis Org/Obj
$50,000
$50,000
Clear Form
Contract NO: 24-63336-160 Amendment 1
Date of adoption - 06/30/2025
PROCESS:
Exempt from Bid Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Other: Grant Award
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIA CE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ❑ N/A: S�
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: ❑� N/A: ❑ —_ S S
ignature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 5/7/2025.
Dollar amount in the agenda request statement of issue section has one
too many zeroes. Deliverable No. 2 was submitted to Commerce in June
2024? Is that correct?
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 5/6/2025.
Amendment No. 1 to address Attachment A Scope of Work and Attachment
B Budget. Original attached.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
Amendment
Grant Number: 24-63336-160
Amendment: 1
Warhing-,on State
��� ('o��r Local Government Division (LGD)
Growth Management Services (GMS)
Middle Housing
1. Grantee
2. Grantee Doing Business As (optional)
Jefferson County
N/A
621 Sheridan Street
Port Townsend, WA 98368
3. Grantee Representative
4. COMMERCE Representative
George Terry
Anne Aurelia Fritzel 1011 Plum Street SE
Associate Planner
Housing Planning Manager Olympia, WA 98504
(360) 379-4486
360-259-5216
GTerry(@co.jefferson.wa. us
Anne. Fritze1Qcommerce_ma.cov
5.Original Grant Amount 6. Amendment Amount 7. New Grant Amount
(including any previous
amendments)
$50,000 No Change $50,000
8. Amendment Funding Source 9. Amendment Start Date 10. Amendment End
Date
Federal: State: X Other: N/A: Date of Execution June 30, 2025
11. Federal Funds (as applicable):
Federal Agency: ALN:
N/A
NIA NA
12. Amendment Purpose:
To amend Deliverable 3 DRAFT Middle Housing Ordinance for Port Hadlock/Irondale UGA Ordinance and Deliverable
4 Adopted Middle Housing Ordinance. Amended Deliverable 3 would become a Public Engagement Summary and
amended Deliverable 4 would become a DRAFT Middle Housing Ordinance, both to be submitted to the Department of
Commerce on or before June 15, 2025. This amendment works to overcome the timeline associated with the ordinance
adoption process.
COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept
the terms of this Grant As Amended and attachments and have executed this Grant Amendment on the date below to
start as of the date and year referenced above. The rights and obligations of both parties to this Grant As Amended are
governed by this Grant Amendment and the following other documents incorporated by reference: Grantee Terms and
Conditions including Attachment "A-1" — Scope of Work, Attachment "B-1" — Budget. A copy of this Grant Amendment
shall be attached to and made a part of the original Grant between COMMERCE and the Grantee. Any reference in the
original Grant to the "Grant" shall mean the "Grant as Amended".
FOR GRANTEE FOR COMMERCE
Signature block on next page Signature block on next page
Page 1 of 6
Amendment
FOR GRANTEE
Heidi Eisenhour, Chair, Board of Commissioners
Jefferson County
Date
11�i�' for
Philip C. Hunsucker, Chief Civil Deputy Prosecuting
Attorney
05/06/2025
Date
FOR COMMERCE
Mark K. Barkley, Assistant Director
Local Government Division
Date
APPROVED AS TO FORM ONLY
Sandra Adix
Assistant Attorney General
3/20/2014
Date
Page 2 of 6
Amendment
This Grant is amended as follows:
Attachment A Scope of Work is hereby replaced with Attachment A-1 Scope of Work
Attachment B Budget is hereby replaced with Attachment B-1 Budget
ALL OTHER TERMS AND CONDITIONS OF THIS GRANT REMAIN IN FULL FORCE AND
EFFECT.
Page 3 of 6
Amendment
Attachment A-1: Scope of Work
Grant Objective: Through public engagement, existing code audit, review of Commerce's guidance, and
Planning Commission review and input, prepare a Middle Housing Ordinance for the Port
Hadlock/Irondale Urban Growth Area, and bring it through the public hearing process for adoption by the
Board of County Commissioners.
Actions/Steps/ Description
Start Date
End Date
Deliverables
Action 1
Middle Housing Public Engagement Plan
Step 1.1
Draft Public Engagement Plan
July 2023
April 2024
Deliverable 1
Middle Housing Public Engagement
May 31, 2024
Plan
Action 2
Middle Housing Code Audit
Step 2.1
Review and evaluate Jefferson County's
July 2023
April 2024
existing development regulations for
middle housing related amendments and
identify gaps
Step 2.2
Review Commerce Middle Housing
July 2023
April 2024
Model Ordinance(s) and other resources
to inform code audit
Step 2.3
Draft Code Audit results memo with
March 2024
June 2024
identified recommended amendments
Deliverable 2
Final Code Audit Memo
June 30, 2024
w/recommendations for Middle
Housing -related amendments
Action 3
Public Engagement Summary
Step 3.1
Execute Public Engagement Plan
July 2024
May 2025
consistent with Deliverable 1.
Step 3.2
Compile materials used in public
September 2024
June 2025
engagement efforts to be submitted with
Public Engagement Summary.
Step 3.3
Create public engagement comment
January 2025
June 2025
reports, compile public notices used, and
draft explanations of results.
Deliverable 3
Public Engagement Summary
June 15, 2025
Action 4
DRAFT Middle Housing Ordinance
Step 4.1
Present Code Audit Memo
January 2025
May 2025
recommendations to Planning
Commission and public consistent with
Public Engagement Plan
Page 4 of
Amendment
Step 4.2
Present preliminary draft ordinance to
January 2025
May 2025
Planning Commission and public
consistent with Public Engagement Plan.
Step 4.3
Based upon Code Audit Memo,
November 2024
June 2025
Planning Commission review, and public
input, prepare DRAFT ordinance with
amendments to Jefferson County zoning
code for Port Hadlock/Irondale UGA
Deliverable 4
DRAFT Middle Housing ordinance
June 15, 2025
Page 5 of 6
Amendment
Attachment B-1: Budget
Grant Objective: Conduct public engagement and
analysis to update housing policy and development
code consistent with HB 1110.
Fiscal Year
Commerce
Funds
Deliverable 1. Middle Housing Public Engagement Plan
FY1 — May 31, 2024
$5,000
Deliverable 2. Final Code Audit Memo w/recommendations
for Middle Housing -related amendments
FY1 — June 15, 2024
$20,000
Deliverable 3. Public Engagement Summary
FY2 — June 15, 2025
$12,500
Deliverable 4. DRAFT Middle Housing Ordinance FY2 — June 15, 2025
$12,500
Contract Total
$50,000
Funds must be invoiced in the appropriate fiscal year (FY1 or FY 2), or they may not be able to be
paid. Please be sure to invoice for all FY 1 by June 30, 2024 and FY 2 by June 30, 2025.
Page 6 of 6
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.�►� Washington State
ent of
94a►v Commerce
Interagency Agreement with
Jefferson County
through
Growth Management Services
Contract Number:
24-63336-160
For
Middle Housing Grant
Dated:
Date of Execution
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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 ...................... .......
GeneralTerms 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 .......................................................... :..::....................:.:...........................: -.:.18
10.
LICENSING, ACCREDITATION AND REGISTRATION...............................4.............................. 8
11.
RECAPTURE . ................................................... .......... ......................................................
.8
12.
RECORDS MAINTENANCE- ............... ....... ......................................... ............. ....................... 8
13.
SAVINGS........................................................ ................................... :................... .......................
8
14.
SEVERABILITY............................................................ •--•--•--•--•-------•---•----......•......._..--------------...8
15.
SUBCONTRACTING................................................................................................--•--.............. 8
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
AttachmentA: Scope of Work ............................ ..................... ............. ..................................................12
AttachmentB: Budget............................................................................................................................14
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Face Sheet
Contract Number: 24-63336-160
Local Government Division Growth Management Services
Middle Housing Grants
1. Contractor
Jefferson County Dept. of Community Development
621 Sheridan Street
Port Townsend, WA-98368
3. Contractor Representative
George Terry
Assistant Planner
(360) 379-4486
RterryOco. ieffersonma. us
S. Contract Amount
$50,000
2. Regional Planner
Ted Vanegas
Ted VanegasOcornmerce wa gov
4. COMMERCE Representative
Anne Aurelia Fritzel
Housing Planning Manager
360-259-5216
Anne. FritxeVOcommerce.wa aov
6. Funding Source
Federal: ❑ State: ® Other: ❑ N/A: ❑
1011 Plum Street SE
Olympia, WA 98504
7. Start Date B. End Date
Date of Ex( I June 30, 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 0002430-15 91-6001322 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.
7--
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.
FOR CONTRACTOR FOR COMMERCE
aoe.a'v,.e W:
Kate Dean, Chair, Board of Commissioners Mark K. Barkley, Assistant Director
Local Government Division
Dates
Philip C. Hunsucker, Chief Civil Deputy Prosecuting
Attorney
April 11, 2024
f Date
5/15/2024 1 1:51 PM PDT
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 $50,000 (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-
63336-160.
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
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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.
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
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 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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Ill. 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.
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
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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.
15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
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DocuSign Envelope ID: D75E6582-D098-47F1-830B-6C4BB41F8787
1 r. Y;ds; miy.'.n Sldle
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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.
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
Page 9 of 14
DocuSign Envelope ID: D75E6582-D098-47F1-830B-6C4BB41F8787
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(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;
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
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
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DocuSign Envelope ID: D75E6582-D098-47F1-830B-6C4BB41F8787
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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 11 of 14
DocuSign Envelope ID: D75E6582-D098-47F1-830B-6C4BB41F8787
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Attachment A: Scope of Work
Actions/Steps/ Description Start Date
Deliverables
_ _ I
Action 1 Middle Housing Public Engagement
Plan
Step 1.1 Draft Public Engagement Plan July 2023
Deliverable 1 Middle Housing Public
Engagement Plan
Action 2 Middle Housing Code Audit
End Date
April 2024
May 31, 2024
Step 2.1 Review and evaluate Jefferson July 2023 April 2024
County's existing development
regulations for middle housing
related amendments and identify
gaps
Step 2.2 Review Commerce Middle Housing July 2023
Model Ordinance(s) and other
resources to inform code audit
Step 2.3 Draft Code Audit results memo with March 2024
identified recommended
amendments
Deliverable 2 Flnal Code Audit Memo
w/recommendations for Middle
Housing -related amendments
Action 3 J Draft Middle Housing Ordinance
April 2024
June 2024
June 30, 2024
Step 3.1 Present Code Audit Memo July 2024 August 2024
recommendations to Planning
Commission
Step 3.2 Present Code Audit Memo September October 2024
recommendation to public 2024
consistent with public engagement
plan
DocuSign Envelope ID: D75E6582-D098-47F1-8306-6C4BB41F8787
'1"ait i11(J:UI Sete
"1"401 ConlineiY e
Step 3.3
Based upon Code Audit Memo,
FUovember
December 2024
Planning Commission review, and
2024
public input, prepare ordinance with
amendments to Jefferson County
zoning code for Port
Hadlock/Irondale UGA
Draft Missing Middle Housing
December 30, 2024
Deliverable 3
Ordinance for Port
Hadlock/lrondale UGA Ordinance
March 2025
Action 4
Final Middle Housing Ordinance
Planning Commission public
Step 4.1
January 2025
hearing• offer recommended
ordinance to Board of
Commissioners
Step 4.2 Board of Commissioners April 2025 May 2025
consideration of Planning
Commission recommendation/study
sessions
Step 4.3 Board of Commissioners public May 2025 May 2025
hearing
Deliverable 4 Adopted Middle Housing June 15, 2025
ordinance
DocuSign Envelope ID: D75E6582-0098-47F1-830B-6C4BB41F8787
Attachment B: Budget
Grant Objective: Through public engagement,
existing code audit, review of Commerce's
guidance, and Planning Commission review and
input, prepare a Middle Housing Ordinance for
the Port Hadlock/Irondale Urban Growth Area,
and bring It through the public hearing process
for adoption by the Board of County
Commissioners.
Deliverable 1. Middle Housing Public
Engagement Plan
Deliverable 2. Final Code Audit Memo
w/recommendations for Middle Housing -related
amendments
Deliverable 3. Draft Missing Middle Housing
Ordinance for Port Hadlock/Irondale UGA
Ordinance
Deliverable 4. Adopted Middle Housing
Ordinance
Total:
Commerce
Fiscal Year Funds
FY1 — March 30, 2024 1 $5,000
FY1 — June 15, 2024 $20,000
FY2 — December 30, $12,500
2024
FY2 — June 15, 2025
$12,500
$60,000
Funds must be invoiced in the appropriate fiscal year (FY1 or FY 2), or they may not be able to be paid.
Please be sure to invoice for all FY 1 by June 30, 2024 and FY 2 by June 30, 2025.
Page 14 of 14
DocuSign Envelope ID: D75E6582-D098-47F1-830MC481341F8787
4�'� N Ota��G
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Date: �` 4
Contract with:
Contract for:
Wendy Housekeeper
Executive Assistant
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
Enclosed for signature are original documents, referenced above, which were approved by the
Jefferson County Board of Commissioners.
Please sign and return one original copy to:
Jefferson County Commissioner's Office
Attention: Wendy Housekeeper
P.O. Box 1220
Port "Townsend, WA 98368
Please return by: 2 L�
Insurance Certificate required: YES NO
If you are unable to remit by the return date, please contact (360) 385-9100 or email at
whousckeeperfa?colt fferson.,,�•a. us
Best regards,
Wendy tLis keeper
Executivistant
Plione(160) 385-9381 4vhoustkeeperr«co.jeFfersc�n.��a.us
DocuSign Envelope ID: D75E6582-D098-47F1-830B-6C4BB41F8787
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Josh Peters, DCD Director
George Terry, Assistant Planner
DATE: April 15, 2024
RE: 2024 Middle Housing Grant Agreement.
Contract # 24-63336-160 ($50,000)
STATEMENT OF ISSUE:
The Washington State Department of Commerce -Growth Management Services has allocated
Jefferson County $50,000 in grant funding for a Middle Housing under House Bill (HB)l 110. The
purpose of this grant source will allow 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. Per HB 1110, "Middle housing" means buildings
that are compatible in scale, form, and character with single-family houses and contain two or more
attached, stacked or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes,
townhouses, stacked Flats, courtyard apartments, and cottage housing. On December 4, 2023, the Board
of Commissioners signed a Letter of Commitment from the County accepting the grant and concurring
on a draft schedule and scope of work (letter is attached.) Washington Department of Commerce and
Community Development have coordinated on a final scope, schedule and agreement for Board
approval. This issue was previously approved by the Board of Commissioners on February 26, 2024.
Minor adjustments to the contract were required by the Washington State Department of Commerce
after this previous Board approval. Therefore, adjustments made to this grant contract require
additional review and signature(s).
ANALYSIS:
The Middle Housing Grant funds will be used to accomplish the tasks described in the attached scope
of work; those tasks will complement objectives for a broader reexamination of our urban development
regulations in light of the pending availability of sewer service. Through public engagement, existing
code audit, review of Commerce's guidance, and Planning Commission review and input, prepare a
Middle Housing Ordinance for the Port Had lock/]rondale Urban Growth Area, and bring it through the
public hearing process for adoption by the Board of County Commissioners. This grant from
Department of Commerce has a DocuSign requirement for signatures.
FISCAL IMPACT:
No fiscal impact. Grant does not require county match.
DocuSign Envelope ID: D75E6582-D098-47F1-830B-6C4BB41F8787
RECOMMENDATION:
Approve and sign Department of Commerce through Growth Management Services Contract Number:
24-63336-160 for the amount of $50,000.
REVIEWED BY:
Mark McCauley, o my Administrator 0
Date
Jefferson County Scope of Work
Grant Oblective: Through public engagement, existing code audit, review of Commerce's guidance, and
Planning Commission review and Input, prepare a Middle Housing Ordinance for the Port.
Hadlock/Irondale Urban Growth Area, and bring it through the public hearing process for adoption by
the Board of County Commissioners,
Actions/Steps/ Description Start Date End Date
Deliverables
Action 1
Middle Housing Public Engagement
Plan
Step 1.1
_
Draft Public Engagement Plan
Middle Housing Public
I July 2023
April 2024
Deliverable 1
May, 312024
Engagement Plan
4
Action 2
Middle Housing Code Audit
Step 2.1
Review and evaluate Jefferson
July 2023
Aprll 2024
County's existing development
regulations for middle housing
related amendments and identify
gaps
Step 2.2
Review Commerce Middle Housing
July 2023
April 2024
Model Ordinance(s) and other
resources to inform code audit
Draft Code Audit results memo
Step 2.3
March 2024
June 2024
with identified recommended
amendments
DocuSign Envelope ID: D75E6582-D098-47F1-830B-6C4BB41F8787
Deliverable 2
Final Code Audit Memo
June 30, 2024
w/recommendations for Middle
Housing -related amendments
Action 3 _
Draft Middle Housing Ordinance
Step 3.1
Present Code Audit Memo July 2024
August 2024
recommendations to Planning
Commission
Step 3.2
Present Code Audit Memo
September
October 2024
recommendation to public
2024
consistent with public engagement
plan
Step 3.3
Based upon Code Audit Memo,
November
December 2024
Planning Commission review, and
2024
public Input, prepare ordinance
with amendments to Jefferson
County zoning code for Port
Hadlock/Irondale UGA
Deliverable 3
Draft Missing Middle Housing
December 30, 2024
Ordinance for Port
Hadlock/Irondale UGA Ordinance
Action 4
Final Middle Housing Ordinance
Planning Commission public
Step 4.1
January 2025
March 2025
hearing; offer recommended
ordinance to Board of
Commissioners
Step 4.2
Board of Commissioners
April 2025
May 2025
consideration of Planning
Commission
I_
recommendation/study sessions
Step 4.3
Board of Commissioners public
May 2025
May 2025
hearing
Deliverable 4
June 15, 2025
Adopted Middle Housing
ordinance
DocuSign Envelope ID: D75E6582-D098-47F1-830B-6C4BB41F8787
Deliverable 1. Public Engagement Plan
Deliverable 2. Code Audit
Deliverable 3. Draft Ordinance
Deliverable 4. Final Ordinance
Total:
FYI — March 30, 2024 $5,000
FYI —June 15, 2024
$20,000
FY2 — December 30, 2024
$12,500
FY2 —June 15, 2025
$12,500
DocuSign Envelope ID: D75E6582-D098-47F1-830B-6C4BB41F8787
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Washington Slate Department of Commerce
Contract For: Middle Housing Grant
COUNTY DEPARTMENT: Community Development
Contact Person: Chelsea Pronovost
Contact Phone: (360)379-4494
Contact entail: epronovostgco-jeHarsanma.us
Clear Form
Contract No: 24-63336-160
Term: 02/26/2024-06/30/2025
AMOUNT: $50,000
PROCESS:
Exempt from Bid Process
Revenue:
$50,000
Cooperative Purchase
Expenditure:
$50,000
Competitive Sealed Bid
Matching Funds Required:
Small Works Roster
Sources(s) of Matching Funds
Vendor List Bid
Fund #
143
RFP or RFQ
Munis Org/Obj
Other: Grant Award
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES
COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ❑ N/A: ■❑
_
Lt/ ON�-
Signature
Date
STEP 2:
COUNTY
AGENCY.
DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
(CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
CERTIFIED: F1 N/A: ❑
tgnature
-
Fate
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Lasert-iche):
Electronically approved by Risk Management on 4/10/2024.
State agreement - cannot change.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Lasertiche):
Electronically approved as to form by PAO on 4/11/2024.
State language - cannot change.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL