HomeMy WebLinkAbout030121_ca04JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
REGULAR AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Mark McCauley, Central Servic erector /
DATE: March 1, 2021
SUBJECT: AGREEMENT: re: Affordable Housing/Homelessness Grant
Funding: In the Amount of $73,691: Jefferson County Administrator: Dove House
Advocacy Services
STATEMENT OF ISSUE:
This agreement provides grant funding for 2021 to certain providers in Jefferson County. This funding has
been budgeted in Fund 149, derived from recording fees, to address the housing needs of low income and
homeless residents. Funding for Dove House for providing emergency shelter services was recommended by
the Joint Oversight Board of the Homeless Housing Task Force.
FISCAL IMPACT:
This grant agreement is for $73,691 from Fund 149.
RECOMMENDATION:
That the Board of County Commissioners approve and sign the agreement.
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LPhi ip Morl' y, untv Adm'_ ' trator Date
Grant Agreement by and Between
Jefferson County
and
Dove House Advocacy Services
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 August 12, 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 October 5, 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 $73,691, all from
Fund 149. The grant ($73,691) 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 January 1, 2021 and shall be completed by on December 31,
2021. Work performed consistent with this Agreement on or before January 1, 2021,
but prior to the execution of the Agreement, is hereby ratified.
c. The budget for the Project is described in Exhibit B (attached).
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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.
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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 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.
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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.
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.
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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.
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.
in. 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,
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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.
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
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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.
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 may be terminated or amended, in whole or in part, 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.
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.
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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
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
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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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IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be executed this
day of 92021.
Jefferson County
Board of Commissioners
Kate Dean, Chair
ATTEST:
Dove House Advocacy Services
Date Authorized Signature
Carolyn Gallaway, CMC Date
Clerk of the Board
APPROVED A TO FORM:
Philip C. Hunsucker ate
Chief Deputy Prosecuting Attorney
Print Name/Title
Page 10 of 13
Date
EXHIBIT A
PROJECT DESCRIPTION
• Name of Project: Domestic Violence Emergency Shelter and Support Services with
Coordinated Entry
• Amount requested: S73,691.00
• Provide a brief description of the project:
Emergency shelter and support services with Coordinated Entry for domestic violence
survivors (families and individuals). During this grant period we will operate an effective and
efficient homeless crisis response system that swiftly moves people into emergency lousing.
Approximately 43 individuals or 15 families (and their approved pets) who lack safe shelter
and are fleeing domestic violence will find a safe and welcoming place to stay in our
temporary emergency shelter. Shelter guests live independently using a key -code system to
access facilities 24-tours a day. As we observe all recommended precautions and cleaning
procedures at our shelter, some hotel stays are necessary while victims wait for shelter space
to be available. All will be offered and supported in finding safe, stable and permanent
housing and community services that support long-term success in retaining housing.
• Specify the Project or Program goals and expected outcomes. Specify the methods by which
the Project or Program will be measured and assessed.
Shelter and Crisis Response.
Outcome: Approximately 43 individuals or 15 families (ranging in size from a mom/parent
and one child to a mom/parent and 5 children) will be provided with emergency shelter,
offered our full spectrum of wrap -around services, and complete Action Plans for achieving
their goals (obtaining childcare, applying for and/or obtaining permanent affordable
housing, getting a job, staying in school, obtaining needed documents, etc.) Note: while our
approximate numbers are based on 2019, COVID 19 affects guests' ability to find
permanent housing and leave the shelter and it takes longer to prepare rooms for ne\N guests.
Temporary hotel stays are needed, and overall shelter guest numbers may be less in 2021.
Measures: lnfonet reports showing the number of people/families who enter our shelter and
bednights. Infonet reports showing how many shelter guests received which services.
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EXHIBIT A - CONTINUED
Review of client Action Plans and goals achieved. Hotel stays show the number which, had
a safe place to be for how many nights.
Outcome: Keep shelter stays as short as possible. Measure: Compare average number
of days in shelter during grant period to same periods in FYs 2018 & 2019.
Outcome: Shelter guests move directly from shelter to affordable long-term or transitional
housing. Measure: Using our in-house spreadsheet, count the number of people/families
who move directly from the shelter to affordable long-term housing. Compare the number
of people/families with whom we worked on this goal to the number who obtain
afford: Ible long-term or transitional housing.
Outcome: Increase self-sufficiency, financial stability, and well-being. Measure:
Client survey results. Review of client Action Plan goals reached.
Coordinated Entry.
Outcome: All shelter guests entered all into HMIS. Measure: Compare the number of
clients entered in HMIS to the number of people who stayed in the shelter during the
grant period as reflected in Infonet.
• Specify the number of individuals who will be impacted by the
project. Approximately 43 Individuals or 15 Families
• Note: Verify that units provided by your project will be affordable for households
with incomes at or below fifty percent of the area median income.
Grant Agreement — Affordable Housing/Homelessness Services
EXHIBIT B
SERVICE/ OPERATING BUDGET
Budget Categories
Program
Proposal
Justification
Priority
Salaries
$61,561.00
$31,868.00
1 FTE
1
Benefits
$21,535,00
$11,942.00
Benefits and taxes for 1 FTE
1
Rental Subsidies
$
$
Utilities
$10,480.00
$11,004.00
Utilities to run shelter plus 59/o
expected increase
2
Insurance
$ 5,360.00
$ 5,628.00
Insurance for shelter plus 5%
Expected increase
1
Food/Supplies
$80,000.00
$
Furnishings/Equipment
$ 5,000.00
$
Repair/Maintenance
$ 6,550.00
$ 6,550.00
Expected maintenance for shelte1
2
Transportation
(explain)
$
$
Emergency Hotel Stay
$12,000.00
$10,000.00
Emergency hotel stay when
Shelter is full
2
Subtotal
$190,486.00
$66,992.00
Administration (10%
max.)
$19,048.60
$ 6,699.00
TOTAL
1 $209,535.60
1 $73,691.00
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