HomeMy WebLinkAbout090418_ca05 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrator -
i
DATE: September 4, 2018
RE: Supplemental Funding Agreement with O1yCAP for 2018 Summer Homeless
Shelter
STATEMENT OF ISSUE: Board of County Commissioners' approval is requested for the
attached Supplemental Funding Agreement with OIyCAP for the 2018 Summer Homeless
Shelter.
ANALYSIS: Jefferson County, the City of Port Townsend, and OIyCAP entered into an
Interlocal Agreement on December 22, 2005 designating OIyCAP as the administering agency to
utilize 2163 program revenues to enhance homeless programs and homeless facilities to serve
homeless people throughout incorporated and unincorporated Jefferson County pursuant to
RCW 36.22.179 and RCW 36.22.1791, and authorizing OIyCAP itself to use up to 90% of
revenues to administer homeless programs authorized by law.
OIyCAP has successfully administered a winter shelter for the homeless with the assistance of
COAST, and in 2017, successfully administered a summer shelter which provided 2,425 bed
nights for 84 people, of which 16 were successfully transitioned by OIyCAP into permanent
housing, and 15 found jobs.
In 2018, OIyCAP proposed adding another summer season to its normal winter operation of the
Shelter at the American Legion, in Port Townsend, from May 7, 2018 through October 31,
2018, and before doing so, requested $75,000 in supplemental funding out of unencumbered
homeless housing fund balance from Fund 148,to pay for the full cost of operations from May
7, 2018 through October 31, 2018..
The homeless housing 2163 program in Fund 148 Affordable Housing, has available sufficient
accumulated unencumbered fund balance within the 90% available for use by OIyCAP to fund
the $75,000 request. Upon consultation with the City of Port Townsend, the City indicated its
support for this use of homeless housing funds from Fund 148 for that purpose. On April 9,
2018, the Jefferson County Board of Commissioners passed a motion authorizing the use of
$75,000 of homeless housing funds from Fund 148 for operating the 2018 Summer Homeless
Shelter, subject to a funding agreement with OIyCAP. And on July 16, 2018, the Jefferson
County Board of Commissioners approved a Second Quarter Supplement County Budget,
including a supplemental budget appropriation to increase expenditure authorization in Fund
148 by $75,000 to fund operation of the 2018 summer homeless shelter.
The attached Supplemental Funding Agreement with OIyCAP for 2018 Summer Homeless
Shelter has been approved by OIyCAP.
FISCAL IMPACT: The 2018 Budget for Fund 148 includes revenue and expenditure
authorization for the $75,000 in the proposed Agreement.
RECOMMENDATION: Approve the Supplemental Funding Agreement With OIyCAP for
2018 Summer Homeless Shelter.
WEDBY:
ilip Mor ounty Administrate Date
SUPPLEMENTAL FUNDING AGREEMENT WITH OLYCAP
FOR 2018 SUMMER HOMELESS SHELTER
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County", and Olympic Community Action Program, a non-profit
organization, hereinafter referred to as "OIyCAP", in consideration of the mutual benefits,
terms, and conditions hereinafter specified.
WHEREAS, Jefferson County, the City of Port Townsend, and OIyCAP entered into an
Interlocal Agreement on December 22, 2005 designating OIyCAP as the administering agency to
utilize 2163 program revenues to enhance homeless programs and homeless facilities to serve
homeless people throughout incorporated and unincorporated Jefferson County pursuant to
RCW 36.22.179 and RCW 36.22.1791, and authorizing OIyCAP itself to use up to 90% of
revenues to administer homeless programs authorized by law; and
WHEREAS, OIyCAP has successfully administered a winter shelter for the homeless with
the assistance of COAST, and in 2017, successfully administered a summer shelter which
provided 2,425 bed nights for 84 people, of which 16 were successfully transitioned by OIyCAP
into permanent housing, and 15 found jobs; and
WHEREAS, OIyCAP is administering a homeless shelter during the summer of 2018 from
May 7, 2018 through October 31, 2018; and
WHEREAS, OIyCAP has requested $75,000 in supplemental funding out of
unencumbered homeless housing fund balance from Fund 148 for use toward the operation of
the 2018 summer homeless shelter, to supplement other funding, to pay for the full cost of
operations from May 7, 2018 through October 31, 2018, while OIyCAP continues to retain
sufficient funding to resume its regular Winter Shelter program for the balance of 2018 under
the existing 2005 agreement; and
WHEREAS, the homeless housing 2163 program in Fund 148 Affordable Housing, has
available sufficient accumulated unencumbered fund balance within the 90% available for use
by OIyCAP to fund the $75,000 request; and
WHEREAS, upon consultation with the City of Port Townsend Mayor and City Manager,
the City indicated its support for this use of homeless housing funds from Fund 148; and
WHEREAS, on April 9, 2018, the Jefferson County Board of Commissioners passed a
motion authorizing the use of$75,000 of homeless housing funds from Fund 148, subject to a
funding agreement with OIyCAP; and
WHEREAS, on July 16, 2018, the Jefferson County Board of Commissioners approved a
2018 Summer Homeless Shelter Supplemental Funding Agreement Page 1 of 9
Second Quarter Supplement County Budget, including a supplemental budget appropriation to
increase expenditure authorization in Fund 148 by$75,000 to fund operation of the 2018
summer homeless shelter;
NOW THEREFORE, it is agreed as follows:
1. Project Funding Designation. OIyCAP is retained by the County to operate a 2018
Summer Homeless Shelter program from May 7, 2018 through October 31, 2018.
2. Scope of Services. OIyCAP agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor.
3. Term. The term of this Agreement is from April 1, 2018,through December 31, 2018.
The services and funding authorized by this Agreement entered into pursuant to the
2005 Interlocal Agreement shall continue through the end of the term of this
Agreement, even if the 2005 Interlocal Agreement is terminated before the end of the
term of this Agreement. Eligible 2018 Summer Homeless Shelter expenses incurred
consistent with this Agreement during its term, but before the Agreement's execution,
are hereby ratified.
4. Payment. OIyCAP shall be paid by the County for completed work and for services
rendered under this Agreement as follows:
a. Payment for the work provided by OIyCAP shall be to reimburse actual operation
costs for preparing and running the Summer Shelter not otherwise paid for,
including costs such as staff salary and benefits, utilities, food, toiletries,
associated indirect cost rate, etc., provided that the total amount of payment to
OIyCAP under this Agreement shall not exceed Seventy-Five Thousand Dollars
($75,000) without express prior written modification of this Agreement,
executed by both parties.
b. OIyCAP may submit invoices to the County once per month during the term of
this Agreement for eligible project costs completed to date, detailing
expenditures by line item, and with such other backup information as the County
may require. Such invoices are subject to review by the County, and costs must
only be for allowed uses of funds pursuant to RCW 36.22.179 and/or RCW
36.22.1791. Upon approval by the County of the invoices and monthly report,
payment will be made to OIyCAP in the amount approved, up to the payment
limit of this Agreement.
c. Payment as provided in this section shall be compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
2018 Summer Homeless Shelter Supplemental Funding Agreement Page 2 of 9
d. Payments under this Agreement shall supplement other funding OIyCAP may
obtain to help pay for the 2018 Summer Shelter program, and shall not duplicate
payment for costs covered by such other funding.
e. OIyCAP's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the County, the City, and/or the
state for a period of six (6) years after final payments. Copies shall be made
available upon request.
5. Reporting. By November 30, 2018, provide to the County and the City of Port Townsend
a report of Summer Shelter program use including the number of Summer Shelter
clients served and their demographics, the types of services provided, program
statistics, and an accounting of the Summer Shelter program's budget, including actual
costs by line item, as well as listing all revenues including those from other sources, to
fund its operation. Include documentation of any OIyCAP overhead/Indirect Cost Rate
(ICR) included in those costs.
6. Compliance with laws. OIyCAP shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations applicable to the services to be rendered under this
Agreement.
7. Indemnification. OIyCAP shall indemnify, defend and hold harmless the County, its
officers, agents and employees, from and against any and all claims, losses or liability, or
any portion thereof, including attorney's fees and costs, arising from injury, sickness,
disease or death to persons, including injuries, sickness, disease or death to OIyCAP's
own employees, or damage to property occasioned by a negligent act, omission or
failure of OIyCAP.
8. Insurance. OIyCAP shall obtain and keep in force during the terms of the Agreement,
policies of insurance as follows:
Worker's Compensation Insurance for employees and covered volunteers in an amount
or amounts that are not less than the required statutory minimum(s) as established by
the State of Washington.
Commercial Automobile Liability Insurance providing bodily injury and property damage
liability coverage for all owned and non-owned vehicles assigned to or used in the
performance of the work for a combined single limit of not less than $500,000 each
occurrence.
General Commercial Liability Insurance in an amount not less than a single limit of one
million dollars ($1,000,000) per occurrence and a aggregate of not less than two (2)
times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including
2018 Summer Homeless Shelter Supplemental Funding Agreement Page 3 of 9
death and property damage, unless a greater amount is specified in the contract
specifications. The insurance coverage shall contain no limitations on the scope of the
protection provided and include the following minimum coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
c. Broad Form Contractual/Commercial Liability—including completed operations;
d. Premises—Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
The County shall be named as an "additional insured" on the General Commercial
Liability policy.
Professional liability (errors & omissions) insurance. OIyCAP shall maintain professional
liability insurance that covers the services to be performed in connection with this
Agreement, in the minimum amount of$1,000,000 per claim and $2,000,000 in the
aggregate. Any policy inception date, continuity date, or retroactive date must be
before the effective date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after completion of the
services required by this Agreement.
Insurance coverages shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
Certificates of coverage as required by this section shall be delivered to the County
within fifteen (15) days of execution of this Agreement.
Any deductibles or self-insured retention shall be declared to and approved by the
County. At the option of the County after consultation with OIyCAP, the insurer shall
reduce or eliminate deductibles or self-insured retention, or OIyCAP may be required to
procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
OIyCAP shall include all subcontractors as insured under its insurance policies or shall
furnish separate certificates and endorsements for each subcontractor. All insurance
provisions for subcontractors shall be subject to all of the requirements stated herein.
Failure of OIyCAP to take out and/or maintain any required insurance shall not relieve
OIyCAP from any liability under the Agreement, nor shall the insurance requirements be
construed to conflict with or otherwise limit the obligations concerning indemnification.
2018 Summer Homeless Shelter Supplemental Funding Agreement Page 4 of 9
It is agreed by the parties that insurers shall have no right of recovery or subrogation
against the County (including its employees and other agents and agencies), it being the
intention of the parties that the insurance policies so affected shall protect both parties
and be primary coverage for any and all losses covered by the above described
insurance. It is further agreed by the parties that insurance companies issuing the policy
or policies shall have no recourse against the County (including its employees and other
agents and agencies) for payment of any premiums or for assessments under any form
of policy. It is further agreed by the parties that any and all deductibles in the above
described insurance policies shall be assumed by and be at the sole risk of OIyCAP.
It is agreed by the parties that judgments for which the County may be liable, in excess
of insured amounts provided herein, or any portion thereof, may be withheld from
payment due, or to become due, to OIyCAP until such time as OIyCAP shall furnish
additional security covering such judgment as may be determined by the County.
Any coverage for third party liability claims provided to the County by a "Risk Pool"
created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy
of insurance OIyCAP must provide in order to comply with this Agreement.
If the proof of insurance or certificate indicating the County is an "additional insured" to
a policy obtained by OIyCAP refers to an endorsement (by number or name) but does
not provide the full text of that endorsement, then it shall be the obligation of OIyCAP
to obtain the full text of that endorsement and forward that full text to the County.
The County may, upon OIyCAP's failure to comply with all provisions of this Agreement
relating to insurance, withhold payment or compensation that would otherwise be due
to OIyCAP.
9. Independent Contractor. OIyCAP and the County agree that OIyCAP is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in
this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither OIyCAP nor any employee of OIyCAP
shall be entitled to any benefits accorded County employees by virtue of the services
provided under this Agreement. The County shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with
respect to OIyCAP, or any employee of OIyCAP.
10. Discrimination Prohibited. OIyCAP, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
11. Inspection of Records. All OIyCAP financial and program records with respect to any
2018 Summer Homeless Shelter Supplemental Funding Agreement Page 5 of 9
matters covered by this Agreement shall be made available to the County and the City
of Port Townsend upon reasonable notice at any time during normal business hours to
allow the County to verify quarterly reports and to inspect, audit and make copies of any
relevant data.
12. Assignment. OIyCAP shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the County.
13. Non-Waiver. Waiver by the County of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
14. Termination.
a. The County reserves the right to terminate this Agreement at any time by giving
ten (10) days written notice to OIyCAP.
b. In the event of the death of a member, partner or officer of OIyCAP, or any of its
supervisory personnel assigned to the project, the surviving members of OIyCAP
hereby agree to complete the work under the terms of this Agreement, if
requested to do so by the County. This section shall not be a bar to
renegotiations of this Agreement between surviving members of OIyCAP and the
County, if the County so chooses.
15. Notices. Notices to the County of Jefferson shall be sent to the following address:
Jefferson County Administrator
1820 Jefferson Street
P.O. Box 1220
Port Townsend, WA 98368
Notices to OIyCAP shall be sent to the following address:
OIyCAP Executive Director
823 Commerce Loop
Port Townsend, WA 98368
16. Dispute Resolution. Differences, disputes and disagreements between OIyCAP and the
County arising under or out of the Agreement will be brought to the attention of the
County at the earliest possible time so that the matter may be settled or other
appropriate action promptly taken. Any dispute, including but not limited to relating to
the quality or acceptability of performance or compensation due OIyCAP, will be
decided by the County Administrator. All rulings, orders, instructions and decisions of
the County Administrator will be final and conclusive.
2018 Summer Homeless Shelter Supplemental Funding Agreement Page 6 of 9
17. Venue. Any action of law, suit in equity or other judicial proceeding arising under or out
of the Agreement may be instituted and maintained only in Superior Court for Jefferson
County.
18. Integrated Agreement. This Agreement together with attachments or addenda,
represents the entire and integrated agreement between the County and OIyCAP and
supersedes all prior negotiations, representations, or agreements written or oral. This
Agreement may be amended only by written instrument signed by both County and
OIyCAP.
19. Severability. If a court of competent jurisdiction holds any provision of the Agreement
to be illegal, invalid or unenforceable, in whole or in part, the validity of the remaining
provisions will not be affected, and the parties' rights and obligations will be construed
and enforced as if the Agreement did not contain the particular provision held to be
invalid. If any provision of the Agreement conflicts with any statutory provision of the
State of Washington, the provision will be deemed inoperative to the extent of the
conflict or modified to conform to statutory requirements.
DATED this 7/3i day of , 2018.
OLYMPIC COMMUNITY ACTION PROGRAM JEFFERSON COUNTY
BOARD OF COMMISSIONERS
'— ____ i Is 1l/7
ale Wilson, Executive Director Date David Sullivan, Chair Date
Attest:
Carolyn Gallaway Date
Deputy Clerk of the Board
Approved as o form only:
0). CIW /J5
Philip Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
2018 Summer Homeless Shelter Supplemental Funding Agreement Page 7 of 9
EXHIBIT A—SCOPE OF SERVICES
OIyCAP will operate a Summer Homeless Shelter program from May 7 through October 31,
2018 to provide overnight sleeping accommodations for homeless men and women at the
Shelter in the basement of the American Legion, Marvin G Shields Memorial Post #26 located at
209 Monroe Street in Port Townsend.
Beginning April 1, 2018, OIyCAP will work to prepare the Shelter for operations, procure
necessary equipment and supplies, obtain necessary permits, prepare staffing, and perform
other work necessary to begin operations sheltering the homeless beginning May 7, 2018.
Starting May 7, 2018, OIyCAP will operate the Summer Shelter program, including operating the
Shelter at the American Legion each evening starting at 9:00 p.m. and close it in the morning at
7:00 a.m. Hours may be modified with written approval of the County.
OIyCAP will provide a supervisor for the Summer Shelter for 4 hours each day. OIyCAP will also
provide a monitor during the Shelter's operating hours of 9:00 p.m. —7:00 a.m. daily.
The total number of beds at the Summer Shelter will be at least 28 total, including at least 6,
with up to 2 more for overflow, for women. Clients will be provided beds or cots for sleeping,
along with blankets, a pillow, with clean sheets and pillow case.
For those clients who have not eaten and are hungry, OIyCAP will supply soup, oatmeal, and
cereals, and other foods as may be available. OIyCAP may provide toiletries and other
essentials to meet basic needs for the clients. In-house services for clients also include
showers, access to an area for preparing food, and a clothing exchange. OIyCAP will provide
referrals to outside agencies, as appropriate for client needs.
OIyCAP will manage the Shelter pursuant to Rules of Conduct for clients, similar to Exhibit B of
this Agreement. OIyCAP may modify the Rules as necessary to ensure smooth operations of the
Shelter.
As appropriate, OIyCAP will refer Summer Shelter clients to OIyCAP's main office for additional
case management and referral services including transitioning clients into permanent housing
and into employment when possible, and help clients meet basic needs.
OIyCAP will also manage the Shelter facility to provide community showers twice per week, and
will allow hosting of AA and NA meetings at the Shelter.
2018 Summer Homeless Shelter Supplemental Funding Agreement Page 8 of 9
EXHIBIT B— RULES OF CONDUCT
OIyCAP Seasonal Shelter
By staying at the shelter and signing these rules,you agree to the following:
1. This shelter uses a priority system and guests will be given bed space based on the following:
a. Veterans
b, Senior status(62 and over)
C. Domestic Violence individuals
d. Disabled
2. You must arrive at the shelter between 9pm and 10pm and will be assigned a bed based on the above criteria.
The capacity of this shelter will be 28,and beds will be given on a first come basis.
3. This is a CLEAN and SOBER facility. You must arrive and maintain sobriety during your stay at the shelter. In the
event this rule is violated,you will be expected to provide verification of active involvement in sobriety
treatment before you may return. You may be tested by staff or requested to provide testing results by
agencies
4. This is a limited service shelter and will not include meals,bus passes or laundry vouchers
5. We have a zero tolerance for alcohol,drugs,weapons,threats,and pornography. Clients found with these items
will have their bed privileges revoked.
6. You must remain on shelter property from your time of arrival to shelter closure of 7arn. If you are found off-
property or are gone for an extended period of time,you will lose your bed,
7. Smoking is only permitted in the designated area.
8. You are limited to one bag of personal Items. No open food allowed in dorm areas
9. You are not allowed outside of designated areas. The kitchen,opposite gender bathrooms,opposite gender
dorms,and storage rooms are not available to clients
10. Housekeeping responsibilities are assigned on a volunteer basis first and then random selection. All guests
should consider this part of the agreement in trade for shelter.
11. Do not interfere with another person's belongings. Their area,like yours,is private.
12. This shelter is not a permanent residence. Many circumstances can cause the closing of the shelter.
13. During your time in the shelter you are not allowed on the upper floor of the Legion. This means if you are
signed in at the shelter and you are found in the Legion,you will be asked to leave both.
14. The monitors are here to protect the people staying at the shelter. Failure to comply with their instructions will
mean denial of shelter service for the time determined.
15. You must give OIyCAP staff correct and true information on entering the shelter,including identification. lying
on your Intake will result in denial of service.
16. You must be actively working with OIyCAP in regard to housing and other services, Failure to do so will mean
removal of the shelter,
17. The entrance door to the shelter will be locked from midnight to Sam, when lights are turned on. If you leave
during this time you will have made the choice to leave for the evening.
18. Clients must stay in camera range while outside.
By signing these rules,you agree to follow them and understand that failure to do so can result in denial of service.
Print Name Monitor Name
Sign Name Date signed
2018 Summer Homeless Shelter Supplemental Funding Agreement Page 9 of 9