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HomeMy WebLinkAbout022221_ca06615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org (.- JEFFERSON COUNTY is Health BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Amanda Christofferson, Environmental Health Specialist Pinky Feria Mingo, Director, Environmental Health and Water Quality DATE: SUBJECT: Agenda Item — Professional Services Agreement, Craft3; September 20, 2020 — December 31, 2021; Not to exceed $5000, which represents $625 per application, $0 if Craft3 provides loan to applicant STATEMENT OF ISSUE: Jefferson County Public Health (JCPH) requests Board approval of a Professional Services Agreement with Craft3, to provide third party review of financial qualifications of applicants to the On -Site Sewage Cost Share program; September 20, 2020 — December 31, 2021; Not to exceed $5,000, which represents $625 per application, $0 if Craft3 provides a loan to applicant ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: Jefferson County received a National Estuary Program grant to protect threatened shellfish growing areas and re -open closed shellfish growing areas through implementation of a cost -share program that assists low- income residents with repair/replacement, decommission/abatement of failing onsite sewage system. This agreement is between JCPH and Craft3, to provide third party review of financial qualifications of applicants to the On -Site Sewage Cost Share program. FISCAL IMPACT/COST BENEFIT ANALYSIS: The professional services are funded by a grant from the Washington State Department of Health (DOH) NEP SSI FY18 NTA 2018-0245 OSS Repair -Abatement Program. RECOMMENDATION: JCPH management requests approval of the Professional Services Agreement with Craft3; September 20, 2020 — December 31, 2021; Not to exceed $5,000, which represents $625 per application, $0 if Craft3 provides a loan to applicant. BY-, Cu, �73 Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community AGREEMENT Between Jefferson County and Craft3 For Processing Financial Qualification Applications to Replace Failing On -Site Sewage Systems Jefferson County ("the County") and Craft3 (UBI number 601 577 790, "the Subcontractor"), for and in consideration of the mutual benefits contained herein do hereby agree as follows: 1. The Subcontractor is a regional nonprofit community development financial institution that makes loans to strengthen the economic, ecological and family resilience in Oregon and Washington. The Subcontractor lends to established nonprofits and growing and start-up businesses - including those that do not qualify for traditional loans. The Subcontractor also originates consumer loans to help families of all income levels finance energy upgrades, build accessory dwelling units, and replace failing septic systems and aging manufactured homes. As a community development financial institution lender, the Subcontractor has the ability to conduct third party review of financial qualifications that the County I a c k s . 2. The purpose of this Agreement is to enable the County to obtain third party review for financial qualifications of applications to the Jefferson County onsite sewage cost share program forseptic system repairand replacement. 3. As requested by the County, the Subcontractor shall conduct third party review of financial qualification for applications to the Jefferson County onsite sewage cost share program for septic system repair and replacement. The County will use a secure transmission channel to provide the Subcontractor with a complete packet of financial documents for review and verification. The Subcontractor will complete the review using methodology approved by the County and provide the deliverable to the County - a formal letter documenting the verified income of the applicant. The subcontractor, in its role providing financial reviews, is not required to communicate with the landowner. The County shall be responsible for assessing applicant eligibility and communicating with the applicant about the program. The professional services are funded by a grant from the Washington State Department of Health (DOH) NEP 551 FY18 NTA 2018-0245 055 Repair - Abatement Program - Effective May 1, 2019 (the Grant). 4. Subcontractor shall comply with all requirements of the Grant for review of financial qualification of applicants. A copy of the Grant is attached as Appendix A. 5. The term of this Agreement shall begin September 20, 2020 and shall end on December 31, 2021. 6. The County shall reimburse the Subcontractor for income verification services rendered in the amount of $625 per application. If funding from DOH is withdrawn, reduced, or limited in any way after the effective date of this agreement, this contract may be renegotiated. If anything changes with funding levels, the County should notify Craft3 prior to the provision of any new application packages to review. Otherwise, the act of providing Craft3 a document to review represents the county's commitment to pay Craft3 for services rendered. In a somewhat similar situation, we had the client include language in their request for services form (for each application) confirming that funds are available and acting as the commitment to pay Craft3 for services rendered. Unless otherwise agreed to in writing by the Parties, the County's provision of an application package to Jefferson County-Craft3 Agreement the Subcontractor for review constitutes its confirmation that funds are available its commitment to reimburse the subcontractor for work rendered. 7. The Subcontractor shall provide an invoice to the County upon completion of the deliverables in a form acceptable to the County on a quarterly basis. The County shall remit payment to the Subcontractor within thirty (30) days to the following receipt of the invoice. Requests for payment shall be made by U.S. Mail to Pinky Mingo, Jefferson County Environmental Public Health, 615 Sheridan St., Port Townsend, WA 98368. 8. The Subcontractor agrees that the cost of review of applications for financial qualification shall not be charged to the County if the applicant obtains a loan from to Craft3 for the portion of the onsite sewage system replacement not funded by the Grant. Subcontractor shall notify the County in writing within 14 days, if the applicant obtains a loan from Craft3. 9. The County agrees that if the remainder portion of the onsite sewage system replacement loan not covered by the grant is $5,000 or less, the County will pay a $650 fee to enable Craft3 to cover the loan servicing costs to enable the septic system replacement to be completed. 10. The parties agree that the Subcontractor is an independent contractor, and is neither an employee nor agent of Jefferson County. As such, the Subcontractor shall not be entitled to any status, benefits, privileges or entitlements as a county employee. All payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Subcontractor as an independent contractor. 11. The County acknowledges that review of financials, as completed under this Agreement, shall have no influence over the treatment or approval of a landowner's Clean Water loan application. 12. With regard to the income verification, the Subcontractor shall indemnify, defend and hold harmless the County, its officers, officials, employees, agents and volunteers (and their marital communities), from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from the acts, errors or omissions of the Subcontractor in performance of this Agreement, except for injuries or damages caused by the sole negligence of the County. 13. Document handling and retention; The Subcontractor shall maintain documents related to its performance under this Agreement for six years after termination of this Agreement. 14. Any provisions contained within this Agreement may be amended only in writing upon the mutual consent of the County andthe Subcontractor. 15. The terms of this Agreement are not severable. 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 enforceable. 16. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs and assigns. Page 2 of Jefferson County-Craft3 Agreement 17. The Subcontractor shall not sell, assign, or transfer any of rights obtained by this Agreement without the express written consent of the County. 18. 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. 19. This Agreement maybe executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement, so long as all the parties execute a counterpart of this Agreement. 20. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 21. Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW (as may be amended), the Subcontractor agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Subcontractor also agrees that upon receipt of any written public record request, the Subcontractor shall, within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. (SIGNATURES FOLLOW ON THE NEXT PAGE) Page 3 of Jefferson County-Craft21 Agreement JEFFERSON COUNTY WASHINGTON Board of County Commissioners Jefferson County, Washington By: Kate Dean, Chair By: By: CraM oiggally signed by Dftlleo Slde,0 Desiree DN. �-Dftm Gldmff. O-VaM, US By: Sideroff C D31, 080Q Signature Date Name: Desiree Sideroff Title- SVR Consumer Lending Director Greg Brotherton, Commissioner Date Date:- 12/24/2020 Heidi Eisenhour, Commissioner Date SEAL: ATTEST: Carolyn Galloway Date Clerk of the Board Approved as to Form Only: February 16, 2021 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Page 4 of 4