HomeMy WebLinkAbout042020_ca07 Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Leslie Locke, Executive Assistant
DATE: April 20,2020
SUBJECT: AGREEMEMT re: Affordable Housing/Homelessness Grant Funding;
In the Amount of$31,667; Jefferson County Administrator; O1yCAP-
Haines Street Cottages
STATEMENT OF ISSUE:
This agreement provides grant funding for 2020 to certain housing providers in Jefferson County. This
funding has been budgeted from Fund 148 and 149, derived from recording fees, to address the
housing needs of low income and homeless residents. Funding for OIyCAP- Haines Street Cottages
was recommended by the Joint Oversight Board of the Homeless Housing Task Force.
FISCAL IMPACT:
OIyCAP- Haines Street Cottages $31,667 from 149
RECOMMENDATION:
Approve and sign the agreement.
Arits:s
_ _ ����
i ip Morley, • nt' Admin.. _ Date:
Grant Agreement by and Between
Jefferson County
and
Olympic Community Action Program (OIyCAP)
For Affordable Housing/Homelessness Services Grant Funding
WHEREAS, RCW 36.22.178 authorizes a recording fee surcharge to provide funding of
affordable housing services; and
WHEREAS, RCW 36.22.179 authorizes a recording fee surcharge to provide funding for
homeless housing and assistance; and
WHEREAS, RCW 36.22.1791 authorizes an additional surcharge for local homeless housing and
assistance ; and
WHEREAS, on January 6, 2020 the Board of County Commissioners approved funding levels
and authorized the release of a Request for Proposals for the funds collected pursuant to RCW
36.22.178, RCW 36.22.179, and, RCW 36.22.179; and
WHEREAS, on April 6, 2020 the Jefferson County Board of Commissioners approved the
Housing Joint Oversight Board's recommendation for funding;
NOW, THEREFORE, Jefferson County, a political subdivision of the State of Washington,
hereinafter referred to as "County," and Recipient, a non-profit corporation in Washington State
(Recipient), in consideration of the mutual benefits, terms, and conditions hereinafter specified,
do hereby agree as follows:
1. Grant Commitment. A 100% grant of funds is hereby made to Recipient for the Project
described in Section 2. The approved maximum amount of the grant shall be $31,667, all
from Fund 149. The grant($31,667) shall be available based on submission of appropriate
invoices pursuant to Section 3.
2. Project Description, Schedule and Budget.
a. The scope of work for the Project is described in Exhibit A(attached).
b. The Project begins on May 1, 2020 and shall be completed by on December 31,
2020. Work performed consistent with this Agreement on or after May 1, 2020, but
prior to the execution of this Agreement, is hereby ratified.
c. The budget for the Project is described in Exhibit B (attached).
Grant Agreement—Affordable Housing/Homelessness Services
3. Payment. Expenses incurred for the work performed on the Project, as described in Section 2,
by the project's consultants, contractors, suppliers, or Recipient's staff shall be submitted to
the County Administrator's Office by Recipient using a detailed invoice.
Each detailed invoice shall show individual items followed by the total amount incurred and
the amount eligible for reimbursement under this grant. Recipient may submit such invoices
to the County once per month during the course of the project for work completed. All
invoices shall be submitted no later than 30 days after project completion.
The County shall review and approve payment invoices. Payments will be limited to the
monies that are available under the grant as described in Section 1. Such invoices, once
approved, will be paid using the County's normal bill paying process and cycle.
4. Compliance with Laws. Recipient shall, in completing its project under this Grant
Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances,
and regulations, applicable to the work to be completed under this Grant Agreement.
5. Indemnity.
a. Recipient shall defend, indemnify and hold the County, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorney fees, arising out of or resulting from the
acts, errors or omissions of Recipient in performance of this Agreement, except for
injuries and damages caused by the sole negligence of the County.
b. Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent
negligence of Recipient and the County, its officers, officials, employees, agents
and volunteers, Recipient's liability, including the duty and cost to defend,
hereunder shall be only to the extent of Recipient's negligence.
c. It is further specifically and expressly understood that the indemnification provided
in this Agreement constitutes Recipient's waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This
waiver has been mutually negotiated by the parties.
d. The provisions of this section shall survive the expiration or termination of this
Agreement.
6. Required Insurance Coverages.
a. Commercial General Liability.
1) Recipient shall maintain commercial general liability coverage on a form
acceptable to Jefferson County Risk Management for bodily injury,personal
injury, and property damage, in an amount not less than two million dollars per
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Grant Agreement—Affordable Housing/Homelessness Services
occurrence ($2,000,000) and an aggregate of not less than four million dollars
($4,000,000), for bodily injury, including death, and property damage.
2) The commercial general liability insurance coverage shall contain no limitations
on the scope of the protection provided and include the following minimum
coverage:
i. Broad form property damage, with no employee exclusion;
ii. Personal injury liability, including extended bodily injury;
iii. Broad form contractual/commercial liability, including completed
operations and product liability coverage;
iv. Premises—operations liability(M&C);
v. Independent contractors and subcontractors; and,
vi. Blanket contractual liability.
3) Recipient's commercial general liability policy shall include employer's liability
coverage.
4) The County and its elected officials, officers and employees shall be named as an
additional insured party under this insurance policy.
b. Automobile Liability.
Recipient shall maintain business automobile liability insurance on a form
acceptable to Jefferson County Risk Management with a limit of not less than a
combined single limit of$1,000,000 each occurrence. Coverage shall include
owned, hired, and non-owned automobiles.
c. Worker's Compensation(Industrial Insurance). Recipient shall maintain workers'
compensation insurance at its own expense, as required by Title 51 RCW, for the
term of this Agreement and shall provide evidence of coverage to Jefferson County
Risk Management, upon request. If the County incurs any costs to enforce the
provisions of this subsection, all cost and fees shall be recoverable from Recipient.
1) Recipient shall provide Workers Compensation and Employer's Liability
Insurance on a state approved policy form providing benefits as required by law
with employer/s liability limits no less than $1,000,000 per accident or disease.
2) This coverage shall extend to any contractor or subcontractor that does not have
their own worker's compensation and employer's liability insurance.
7. Recipient expressly waives by mutual negotiation all immunity and limitations on liability,
with respect to the County, under any industrial insurance act, disability benefit act, or other
employee benefit act of any jurisdiction, which would otherwise be applicable in the case of
such claim.
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Grant Agreement—Affordable Housing/Homelessness Services
8. General Insurance Requirements.
a. Insurance coverage shall be evidenced by one of the following methods:
i. Certificate of insurance; or,
ii. Self-insurance through an irrevocable Letter of Credit from a qualified
financial institution.
b. Any deductibles or self-insured retention shall be declared to and approved by the
County prior to the approval of this Agreement by the County. At the option of
the County, the insurer shall reduce or eliminate deductibles or self-insured
retention, or Recipient shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
c. Failure of Recipient to take out or maintain any required insurance shall not
relieve Recipient from any liability under this Agreement, nor shall the insurance
requirements be construed to conflict with or otherwise limit the obligations
concerning indemnification of the County.
d. Recipient's 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 all the
parties and shall be primary coverage for all losses covered by the above
described insurance.
e. Insurance companies issuing Recipient's insurance 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
insurance policy.
f. All deductibles in Recipient's insurance policies shall be assumed by and be at the
sole risk of Recipient.
g. Any judgments for which the County may be liable, in excess of insured amounts
required by this Agreement, or any portion thereof, may be withheld from
payment due, or to become due, to Recipient until Recipient shall furnish
additional security covering such judgment as may be determined by the County.
h. 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 insurance policy Recipient shall provide to comply with this Agreement.
i. The County may, upon Recipient's failure to comply with all provisions of this
Agreement relating to insurance, withhold payment or compensation that would
otherwise be due to Recipient.
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Grant Agreement—Affordable Housing/Homelessness Services
j. Recipient shall provide a copy of all insurance policies specified in this
Agreement.
k. Written notice of cancellation or change in Recipient's insurance required by this
Agreement shall reference the project name and agreement number and shall be
mailed to the County at the following address: Jefferson County Risk
Management, P.O. Box 1220, Port Townsend, WA 98368.
1. Recipient's liability insurance provisions shall be primary and noncontributory
with respect to any insurance or self-insurance programs covering the County, its
elected and appointed officers, officials, employees, and agents.
m. Any failure to comply with reporting provisions of the insurance policies shall not
affect coverage provided to the County, its officers, officials, employees, or
agents.
n. Recipient's insurance shall apply separately to each insured against whom claim
is made or suit is brought, except with respect to the limits of the insurer's
liability.
o. Recipient shall include all subcontractors as insured under its insurance policies
or shall furnish separate certificates and endorsements for each subcontractor. All
insurance coverage for subcontractors shall be subject to all the requirements
stated in this Agreement. The insurance limits mandated for any insurance
coverage required by this Agreement are not intended to be an indication of
exposure nor are they limitations on indemnification.
p. Recipient shall maintain all required insurance policies in force from the time
services commence until services are completed. Certificates, insurance policies,
and endorsements expiring before completion of services shall be promptly
replaced.
q. Recipient shall place insurance with insurers licensed to do business in the State
of Washington and having A.M. Best Company ratings of no less than A-, with
the exception that excess and umbrella coverage used to meet the requirements for
limits of liability or gaps in coverage need not be placed with insurers or re-
insurers licensed in the State of Washington.
r. Certificates of insurance as required by this Agreement shall be delivered to the
County within fifteen(15) days of execution of this Agreement. To the extent a
certificate of insurance lists or refers to any endorsements solely by name,
description or number it shall be the responsibility of Recipient to obtain and
provide to the Jefferson County Risk Management full and complete copy of the
texts of such endorsements.
s. The County shall be named as an"additional insured" on all insurance policies
required by this Agreement.
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Grant Agreement—Affordable Housing/Homelessness Services
t. Recipient shall furnish the County with properly executed certificates of insurance
that, at a minimum, shall include:
i. The limits of coverage;
ii. The project name and agreement number to which it applies;
iii. The certificate holder as Jefferson County, Washington and its elected
officials, officers, and employees with the address of Jefferson County
Risk Management, P.O. Box 1220, Port Townsend, WA 98368, and,
iv. A statement that the insurance policy shall not be canceled or allowed to
expire except on thirty (30) days prior written notice to the County.
u. If the proof of insurance or certificate indicating the County is an"additional
insured"to an insurance policy obtained by Recipient 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 Recipient to obtain the full text of that endorsement and
forward that full text to the County.
9. Independent Contractor. Recipient and the County agree that Recipient is an independent
contractor with respect to the project to be completed pursuant to this Grant Agreement.
Nothing in this Grant Agreement shall be considered to create the relationship of employer
and employee between the parties hereto. Neither Recipient nor any employee of Recipient,
nor any subcontractor of Recipient shall be entitled to any benefits accorded to County
employees by virtue of their services on the project to be completed under this Grant
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, or otherwise assuming the duties of an employer with respect to Recipient, or any
employee, representative or agent of Recipient, or any contractor of Recipient.
10. Subcontracting Requirements.
a. Recipient Owns Contract Performance. Recipient is responsible for meeting all
terms and conditions of this Agreement including standards of service, quality of
materials and workmanship, costs, and schedules. Failure of a subcontractor to
perform is no defense to a breach of this Agreement. Recipient assumes
responsibility for and all liability for the actions and quality of services performed
by any subcontractor.
b. Subcontractor Disputes. Any dispute arising between Recipient and any
subcontractors or between subcontractors must be resolved without involvement
of any kind on the part of the County and without detrimental impact on the
delivery of contracted goods and services.
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Grant Agreement—Affordable Housing/Homelessness Services
11. Legal and Regulatory Compliance. While performing under this Agreement, Recipient,
subcontractors, and their employees are required to comply with all applicable local, state
and federal laws, codes, ordinances, and regulations, including but not limited to:
a. Applicable regulations of the Washington Department of Labor and Industries,
including WA-DOSH Safety Regulations; and,
b. State and Federal Anti-Discrimination Laws.
12. Termination
a. Termination by the County.
i. Should Recipient default in providing services under this Agreement or
materially breach any of its provisions, the County may terminate this
Agreement upon ten (10) days written notice to Recipient.
ii. Recipient shall have the right and opportunity to cure any such material
breach within the ten(10) day period.
iii. The County may terminate this Agreement upon immediate notice to
Recipient. Recipient will be reimbursed for services expended up to the
date of termination.
iv. This Agreement my be terminated or amended, in whole or in part, by the
County upon thirty (30) days written notice in the event expected or actual
revenue to Fund 148 and/or Fund 149 is reduced or limited in any way.
b. Termination by Recipient.
i. Should the County, its staff, employees, agents and/or representatives
default in the performance of this Agreement or materially breach any of
its provisions, Recipient, at its option, may terminate this Agreement by
giving ten(10) days written notice to the County representative.
ii. The County shall have the right and opportunity to cure any such material
breach within the ten (10) day period.
c. Termination Without Cause. This Agreement may be terminated without cause at
any time by either party subject to a sixty (60) day advance written notice of such
termination to the other party.
13. No Harassment or Discrimination. Recipient and any contractors/subcontractors will not
discriminate against any person in the performance of work under this agreement or in the
selection and retention of employees or procurement of materials or supplies on the basis of
age, sex, marital status, sexual orientation, religion, creed, color, national origin, honorably
discharged veteran or military status, or the presence of any sensory, mental, or physical
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Grant Agreement—Affordable Housing/Homelessness Services
disability or the use of a trained guide dog or service animal by a person with a disability,
unless based upon a bonafide occupational qualification.
14. Contract Expiration. This contract shall run until the project is complete and until the County
has made all payments required under this Grant Agreement, except that the project must be
completed no later than Recipient, unless extended by mutual agreement.
15. Failure to Appropriate. Recipient acknowledges that the County may only appropriate
monies for this grant in the current year and in a manner consistent with Paragraph 1 above.
The County agrees to appropriate monies to fund this grant unless emergency circumstances
prevent the County from doing so. Any monies to be paid by the County to Recipient for this
grant are subject to appropriation by the County Commission.
16. Integrated Agreement. This Grant Agreement represents the entire and integrated agreement
between the County and Recipient and supersedes all prior negotiations, representations, or
agreements written or oral.
17. Modification of this Agreement. This Agreement may be amended or supplemented only by
a writing that is signed by duly authorized representatives of all parties.
18. No Assignment. Recipient shall not sell, assign, or transfer any of rights obtained by this
Agreement without the express written consent of the County.
19. Severability. Provided it does not result in a material change in the terms of this Agreement,
if any provision of this Agreement or the application of this Agreement to any person or
circumstance shall be invalid, illegal, or unenforceable to any extent,the remainder of this
Agreement and the application this Agreement shall not be affected and shall be enforceable
to the fullest extent permitted by law.
20. No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement shall
be construed to mean,that any provision in this Agreement is for the benefit of any person or
entity who is not a party.
21. Controlling Law. It is understood and agreed that this Agreement is entered into in the State
of Washington. This Agreement shall be governed by and construed in accordance with the
laws of the United States,the State of Washington and the County of Jefferson, as if applied
to transactions entered into and to be performed wholly within Jefferson County, Washington
between Jefferson County residents. No party shall argue or assert that any state law other
than Washington law applies to the governance or construction of this Agreement.
(SIGNATURES APPEAR ON THE FOLLOWING PAGE)
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Grant Agreement—Affordable Housing/Homelessness Services
IN WITNESS WHEREOF,the parties have caused this Grant Agreement to be executed this
day of , 2020.
Jefferson County Olympic Community Action Program
Board of Commissioners
Greg Brotherton, Chair Date Authorized Signature Date
Print Name/Title
ATTEST:
Carolyn Gallaway, CMC Date
Deputy Clerk of the Board
APPROVED A TO FORM:
Pc
Philip . Hunsucker a
Chief Deputy Prosecuting Attorney
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Grant Agreement—Affordable Housing/Homelessness Services
EXHIBIT A
PROJECT DESCRIPTION
• Name of Project: Haines Street Cottages
• Amount requested:531,667
Non-Shelter services April 1,2020-December 31,2020 S
Shelter Services May I,2020 -December 31,2020 $31.667
• Provide a brief description of the project:
A. Priority,This program provides continuous housing for up to 24 months and other
housing assistance to homeless persons,with a priority on families who are homeless that
may include families with a male parent.
B. Mission.The goal and outcome is for homeless persons to become stable and sell
sufficientand move them along the housing continuum.
C. Operations.OlyCAP will provide shelter for homeless persons at the Haines
Street Cottages,and provide case management and access to available support services.
D. Case Manager.OIyCAP will provide full time case managers, who are trained in
best practices to help identify needs for the client,stabilize them and help them transition
into permanent housing. Many of the clients entering the Haines Street Cottages shelter
are traumatized and need time to stabilize before the ease manager can start working on
the clients goals to help get into permanent housing.Case m _ers work with homeless
persons to stabilize them and work with them to enable them to achieve success through
setting and working towards their goals,and overcoming the challenges that lead them to
being homeless.The case manager and the client work towards getting them into their
own permanent housing and employment.
F.. Maximum Stay. At the Haines Street Cottages,OIyCAP will house homeless
persons,clean and sober, for up to a 24-month maximum stay.
F. Partner Agencies. The Haines Street Cottages provides all of our community
partner agencies(such as DOC,JAIL,Sheriffs Dept,Police Dept.,Hospital,DSHS,
Courts, Safe Harbor,Believe in recovery.Discovery Behavior Health,CPS,DOVE
House,churches and advocates throughout the community)a place to temporarily house
homeless persons in crisis and experiencing homelessness.
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Grant Agreement—Affordable Housing/Homelessness Services
EXHIBIT A—Continued
0. Referrals.OlyCAP will receive referrals of eligible homeless persons from the
courts,Safe Harbor,Believe in recovery,DOVE house,the State DOC,local law
enforcement County Jail,churches,mental health providers and Jefferson Healthcare.
H. Access to Services.Clients will have access to needed services,bus usses,
laundry voucher,help with cost of service for medical,dental,and eye exams,
• Specify the project's program outcomes and performance and outcomes measures
specifically related to this project.
All clients coming through coordinated entry are referred to this program when they are
working on becoming clean and sober. It is the ONLY clean and sober housing in
Jefferson County.
All date is entered into HMIS and tracked for positive outcomes. 99%of clients exiting
this program are exiting into permanent housing.Which is one of the measures being
tracked by the Department of Commerce and in our 5 year goals.
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Grant Agreement—Affordable Housing/Homelessness Services
EXHIBIT B
SERVICE/OPERATING BUDGET
APRIL 1,2020•r May 1,2020—DECEMBER 31,2020
Budget Categories Program I Proposal I Justificatloa Priority
Salaries 1 $16,020 $16,020 j 1
Benefits ? -$5,54R i $5548 �t j
Rental Subsidies i S ! $
Utilities r 57,867 I$
Insurance t$1,992 , $1992 Ll
Food/Supplics I$ $
f urnir ings quipment $120 $ t
Repair/Maintenance $9,775 $9775 1
Transportation $ $
(explain)
$
Subtotal $41,322 $33,335
Administration(10% $5,166 $3,334
I i
max.)
TOTAL $46,488 $36,669
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