HomeMy WebLinkAbout052421_ca03 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, Central Services Director
DATE: December 21, 2020
SUBJECT: Request Board of County Commissioners approval of a grant
agreement with OlyCAP to provide $75,000 in support of the 7th and
Hendricks affordable housing project, per Resolution 18-21
STATEMENT OF ISSUE:
The Jefferson County Board of Commissioners, per Resolution 18-21, committed to provide $75,000 in funding from
Fund 148—Affordable Housing—contingent on OlyCAP securing sufficient funding to complete the project. OlyCAP
submitted documentation to the County that satisfies that contingency. The Board, also in Resolution 18-21, directed
that a grant agreement be prepared for the $75,000 grant. Said grant agreement is attached.
ANALYSIS:
The attached grant agreement will allow the County to fulfill the commitment it made in Resolution 18-21.
FISCAL IMPACT:
The cost of the grant is $75,000 which will be covered by the County's Affordable Housing Fund—Fund 148.
RECOMMENDATION:
That the Board of County Commissioners approve the attached grant agreement with OlyCAP.
RE EWED BY:
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ate tV
Mark Mc ' uley, Interim County ministrator
GRANTEEAGREEMENTWITH OLYCAPFOR $75,000 IN FUNDING FROM
TH
FUND 148 –AFFORDABLE HOUSING-FOR THE 7AND HENDRICKS
AFFORDABLE HOUSING PROJECT
This GranteeAgreement(“Agreement”) is by and between JeffersonCounty, a Washington political
subdivision (“County”) and OlyCAP,(“OlyCAP”or“Grantee”).
WHEREAS, on July 31, 2017, the Jefferson County Board of Commissioners adopted Resolution
No. 35-17, finding “that an emergency exists with respect to the availability of housing that is
affordable to low-income households and with respect to the availability of housing that is
affordable to very low-income households in Jefferson County;”and
WHEREAS,on November 26, 2018 the County and the City entered into an lnterlocal
Cooperation Agreement Between Jefferson County andThe City of Port Townsend To Support
Affordable Housing and Homeless Housing Programs Pursuant toRCW 36.22.178, RCW
36.22.179,andRCW 36.22.1791 (the “Affordable Housing/Homeless Housing ILA”); and
WHEREAS, the Affordable Housing/Homeless Housing ILA established a Joint Oversight Board
and a Homeless Housing Task Force to evaluate and recommend for approval by the Board of
County Commissioners the budget and all expenditures of all funds subject to the ILA for
affordable housing and homeless housing, and to develop and recommend a Five-Year Homeless
Housing Plan as required by state statute; and
WHEREAS, OlyCAPis a local non-profit community action agency that provides a variety of
housing and human services to low income residents of Jefferson County; and
WHEREAS, OlyCAP seeks to purchase parcel APN 948-323-702 for the purpose of construction
and operation of the 7th & Hendricks Affordable Housing Project, a two to four- story multi-use
building with a variety of sizes of residential apartment units and possibly an early learning center,
in which the residential apartment units must be offered for rent to low income households at 60%
of area median income or less, which project OlyCAP has named ‘‘7th & Hendricks Affordable
HousingProject”and which may contain up to 44 units of affordable housing; and
WHEREAS, OlyCAP presented to the Homeless Housing Task Force their affordable housing
proposal including a funding request for a $75,000 commitment from Jefferson County Fund 148
affordable housing funds to support the 7th & Hendricks Affordable Housing Project and
OlyCAP’s application for the project to the Washington State Housing Trust Fund; and
WHEREAS, there are sufficient funds in the fund balance of Fund 148; and
WHEREAS, the Homeless Housing Task Force recommended to the Joint Oversight Board
support for the OlyCAP request for an allocation of $75,000 to the project from Fund 148; and
WHEREAS, the Joint Oversight Board unanimously voted to recommend to the Board of County
Commissioners that the Board approve OlyCAP’s request for a $75,000 commitment from Fund
148 affordable housing funds and have submitted a Letter of Recommendation to the Board of
County Commissioners stating that “the affordable housing project meets the affordable housing
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goals of the City of Port Townsend and Jefferson County and it will increase the quality and
quantity of affordable housing stock for our citizens, something that the Task Force and Joint
Oversight Board wholeheartedly support; and
WHEREAS,pursuant to the recommendation from the Joint Oversight Board, the Board of County
Commissioners didvia Resolution 18-21,reallocate $75,000 of Fund 148 Affordable Housing
funds for capital development of the 7th & Hendricks Affordable Housing Project, and directed
that a grant agreement with OlyCAP be prepared for this purpose contingent on OlyCAP
successfully obtaining funding commitments within twelve months fromthe Washington State
Housing Trust Fund insufficient quantity to support successful funding of construction of the 7th
& Hendricks Affordable Housing Project; and that if such contingency is not met, the Fund 148
funds shall remain in Fund 148; and
WHEREAS,OlyCAP has documented thatthey have secured the required funding to the
satisfaction of the County.
NOW THEREFORE,in consideration of the foregoing recitals, which are incorporated herein by
reference, and the terms and condition set forth below, the parties agree as follows:
1.Effective Date and Term.This Agreementshall commence onwhenlast executed
by the parties and remain in effect until December 31, 2022, unless terminated earlier by the
County in writing.
2.Grant Amount and Grantee’sUse of GrantFunds.The Granteeshall ensure that
any funds expended are eligible in accordance with the terms of the grant.The Grant amount is
$75,000, payable using funds from Fund 148 –Affordable Housing.The Grant amount shall
be paid to Grantee by County no later than 30 daysafter the effective date of this agreement.
On or before December 31, 2021, the Grantee shall provide proof to the County that the grant
funding was used for the 7th & Hendricks Affordable Housing Project.
3.Termination.The County may terminate this Agreement, for convenience or
otherwise and for no consideration or damages, upon prior notice to theGrantee.
4.Independent Grantee.Each party under this Agreementshall be for all purposes an
independent Grantee. Nothing contained herein will be deemed tocreate anassociation, a
partnership, a joint venture, or a relationship of principal and agent, or employer and employee
between the parties. The Granteeshall not be, or be deemed to be, or act or purport to act, as an
employee, agent, or representative of the County for anypurpose.
5.Indemnification. The Granteeagrees to defend, indemnify and hold the County, its
officers, officials, employees, agents and volunteers (and their marital communities) harmless
from and against any andall claims, injuries, damages, losses or expenses including without
limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction
of property, which are alleged or proven to be caused in whole or in part by an act or omission of
the Grantee, its officers, directors, employees, and/or agents relating tothe Grantees’performance
or failure to perform under this Agreement. The section shall survive the expiration or termination
of this Agreement.
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6.Insurance. Prior to commencing work, the Granteeshall obtain at its own cost and
expense the following insurance coverage specified below and shall keep such coverage in force
during the terms of the Agreement.
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 with the County
named as an additional insured in connection with the Consultant’s performance of his
Agreement. This insurance shall indicate on the certificate of insurance the following coverage:
(a) Owned automobiles; (b) Hired automobiles; and, (3) Non-owned automobiles.
Commercial General Liability.Insurance in an amount not less than a single limit of
$1,000,000 per occurrence and an aggregate of not less than two (2) times the occurrence amount
($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a
greater amount is specified in the contract specifications.
The commercial general liability 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 coverage for products
and completed operations;
d.Premises –Operations Liability (M&C);
e.Blanket Contractual Liability.
The County shall be named asan “additional named insured”under all insurance policies required
by this Agreement, except Professional Liability Insurance when not allowed by the insurer, and
shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior
written notice to the County.
Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of
Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
The Granteeshall furnish the County with properly executed certificates of insurance that, at a
minimum, shall include: (a) The limits of overage; (b) The project name to which it applies; (c)
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, (d) 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. If the proof of
insurance or certificate indicating the County is an “additional insured”to a policy obtained by
the Consultant 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 the Consultant to obtain the full text of that
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endorsement and forward that full text to the County. Certificates of coverage as required by this
section shall be delivered to the County within fifteen (15) days of execution of this Agreement.
Failure of the Granteeto take out or maintain any required insurance shall not relieve the Grantee
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.
The Grantee’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, with the exception of Professional Liability Insurance, so affected shall
protect all the parties and shall be primary coverage for all losses covered by the above described
insurance.
Insurance companies issuing the Grantee’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.
All deductibles in the Grantee’s insurance policies shall be assumed by and be at the sole risk of
the Grantee.
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 the Consultant shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
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 the
Granteeuntil the Granteeshall 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 insurance policy the
Granteeshall provide to comply with this Agreement.
The County may, upon theGrantee’s failure to comply with all provisions of this Agreement
relating to insurance, withhold payment or compensation that would otherwise be due to the
Grantee.
The Granteeshall provide a copy of all insurance policies specified in this Agreement.
Written notice of cancellation or change in the Grantee’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.
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The Grantee’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.
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.
The Grantee’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.
The Granteeshall include all Sub-Grantees as insured under its insurance policies or shall furnish
separate certificates and endorsements for each Sub-Grantee.All insurance coverage for Sub-
Grantees 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.
The Granteeshall 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. All the insurance policies
required by this Agreement shall provide that thirty (30) days prior to cancellation, suspension,
reduction or material change in the policy, notice of same shall be given to the County Risk
Manager by registered mail, return receipt requested.
The Granteeshall 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.
The County reserves the right to request additional insurance on an individual basis for extra
hazardous contracts and specific service agreements.
7.Worker’s Compensation (Industrial Insurance).
If and only if the Consultant employs any person(s) in the status of employee or employees
separate from or in addition to any equity owners, sole proprietor, partners, owners or
shareholders of the Consultant, the Granteeshall 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.
Worker’s compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer’s Liability with limits
meeting all applicable state and federal laws.
This coverage shall extend to any Sub-Granteethat does not have their own worker’s
compensation and employer’s liability insurance.
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The Granteeexpressly 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 applicablein the case
of such claim.
If the County incurs any costs to enforce the provisions of this subsection, all cost and fees
shall be recoverable from the Grantee.
8.Compliance with Laws. Guidelines.The Granteeshall comply with all federal,
state, and local laws and all requirements (including certifications and audits), to the extent
applicable, when seekingReimbursement.
9.Maintenance and Audit of Records.The Granteeshall maintain records, books,
documents, and other materials relevant to its performance under this Agreement. These records
shall be subject to inspection, review and audit by the County or its designee, the Washington
State Auditor’s Office.If it is determined during the course of the audit that the Granteewas
reimbursed for unallowable costs under this Agreementor any, the Granteeagrees to promptly
reimburse the County for such payments uponrequest.
10.Notices.Anynoticedesiredorrequiredtobegivenhereundershallbeinwriting,
andshall be deemed received five (5) days after deposit with the U.S. Postal Service, postage fully
prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended
at its last known address, or to such other person or address as either party shall designate to the
other from time to time in writing forwarded in likemanner:
Grantee
Cherish Cronmiller
Executive Director
823 Commerce Loop
Port Townsend, WA 98368
JeffersonCounty
Mark McCauley
CentralServices Director
Jefferson County Courthouse
1820 Jefferson Street
Port Townsend, WA 98368
11.Improper Influence.Each party warrants that it did not and will not employ, retain, or
contract with any person or entity on a contingent compensation basis for the purpose of seeking,
obtaining, maintaining, or extending this Agreement. Each party agrees, warrants, and represents
that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining,
maintaining, or extending this Agreement.
12.Conflict of Interest.The elected and appointed officials and employees of the parties
shall not have any personal interest, direct or indirect, which gives rise to a conflict ofinterest.
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13.Time.Time is of the essence in this Agreement.
14.Survival.The provisions of this Agreementthat by their sense and purposeshould
survive expiration or termination of this Agreementshall so survive. Those provisions include
without limitation Indemnification and Maintenance and Audit ofRecords.
15.Amendment.No amendment or modification to this Agreementwill be effective
without the prior written consent of the authorized representatives of theparties.
16.Governing Law; Venue.This Agreementwill be governed in all respects by the laws
of Washington state, both as to interpretation and performance, without regard toconflictsof law
or choice of law provisions. Any action arising out of or in connection with this Agreementmay
be instituted and maintained only in a court of competent jurisdiction in JeffersonCounty,
Washington or as provided by RCW 36.01.050.
17.Non-Waiver.No failure on the part of the County to exercise, and no delay in
exercising, any right hereunder shalloperate as a wavier thereof; nor shall any single or partial
exercise by the County of any right hereunder preclude any other or further exercise thereof or the
exercise of any other right. The remedies herein provided are cumulative and not exclusive of any
remedy available to the County at law or inequity.
18.Binding Effect.This Agreementshall be binding upon and inure to the benefit of the parties
hereto and their respectivesuccessors.
19.Assignment.Neitherpartyshallassignortransferanyofitsinterestsinorobligations
under this Agreementwithout the prior written consent of the otherparty.
20.Entire Agreement.This Agreementconstitutes the entire agreement between the
County and the Granteefor the use of funds received under this Agreementand it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral, or written
between the parties with respect to this Agreement.
21.No Third Party Beneficiaries.Nothing herein shall or be deemed to create or confer
any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this
Agreement. This provision shall not limit any obligationwhich either party has to the Washington
State Department of Commerce of these grantfunds, including the obligationto provide access to
records and cooperate with audits as provided in this Agreement.
22.Severability. In the event that one or more provisions of this Agreementshall be determined
to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder
of this Agreementshall remain in full force and effect and the invalid provisionsshall be deemed
deleted.
23.Counterparts.This Agreementmay be executed in counterparts, any of which shall be
deemed an original but all of which together shall constitute one and the sameinstrument.
24.Authorization.Each party warrants to the other party, that the person executing this
Agreementon its behalf has the full power and authority to do so.
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25.Public Records Act.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 Granteeagrees 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 Granteealso agrees that upon receipt of any written public
record request, Granteeshall, within two business days, notify the County by providing a copy of
the request per the notice provisions of this Agreement.
(SIGNATURES APPEAR ON THE NEXT PAGE)
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IN WITNESS WHEREOF, this Agreementis executed and shall become effective as
of the last date signed below.
BOARD OF COUNTY COMMISSIONERSOLYMPIC COMMUNITY ACTION
JEFFERSON COUNTY, WASHINGTONPROGRAMS, A WASHINGTON NON-PROFIT
CORPORATION
By: __________________________________By: _________________________________
Kate Dean,Chair DATECherish Cronmiller,DATE
Executive Director
By: __________________________________
Greg Brotherton, CommissionerDATE
By: __________________________________
Heidi Eisenhour, Commissioner DATE
SEAL:
ATTEST:
_______________________________________
Carolyn Galloway DATE
Clerk of the Board
Approved as to form only:
May 19, 2021
________________________________________
Philip C. HunsuckerDATE
Chief Civil Deputy Prosecuting Attorney