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HomeMy WebLinkAbout070621_ca05JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Mark McCauley, Central Services Director DATE: July 6, 2021 SUBJECT: Request Board of County Commissioners approval of a grant agreement with OlyCAP to provide $600,000 in support of the 71" and Hendricks affordable housing project STATEMENT OF ISSUE: In December 2021 the Jefferson County Board of Commissioners approved a sales and use tax of 1/10' of 1% pursuant to HB 1590 and RCW 82.14.530 with revenue therefrom to be devoted to mitigating Jefferson County's affordable housing shortage. Annual sales tax revenue thus generated should approximate $600,000. ANALYSIS: OlyCAP approached the county early in 2021 seeking up to $600,000 in HB 1590 funds to help close the funding gap for their 71'' and Hendricks affordable housing project. The Housing Task Force (HTF), on March 10, 2021, recommended that the Joint Oversight Board (JOB) approve OlyCAP's request. The JOB approved the HTF's recommendation on March 24, 2021 and recommended that the Board of County Commissioners do likewise. The Board of County Commissioners approved the JOB's recommendation on April 12, 2021 and directed staff to prepare a grant agreement for their approval. Said grant agreement is attached. The grant agreement authorizes the transfer of $600,000 in HB 1590 funds to OlyCAP to close the 7`' and Hendricks affordable housing project funding gap with $200,000 payable in 2021 and the $400,000 balance payable in 2022, once sufficient revenue has been collected. FISCAL IMPACT: The cost of the grant is $600,000 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. REVIEWED BY: .� a/ Mark MccaulVy, Interim County A istrator Date GRANT AGREEMENT WITH OLYCAP FOR $6Ili ,000 INFUNDING FROM FUND 148 - AFFORDABLE HOUSING ­ FOR THE 7th AND HENDRICKS AFFORDABLE HOUSING PROJECT This Grantee Agreement ("Agreement") is by and between jeMrson County, a Washington. political subdivision ("County") and OlyCAP, ("OIYCAP" or "Grantee"). WHEREAS, on July 3 1 � 2017� the Jefferson. County, Board of Commissioners adopted Resolution Noi. 35-17, finding "that an. emergency exists witb. respect to the availability of housing that is I - 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 Interloical Cooperation Agreement Between Jefferson County and The City of Port Townsend To Suppiort Affordable Housing and Homeless Housing Programs Pursuant to RCW 36.22.178, RCW 3,6.22.179i, and RC'W'36.22.1791 (the "Affordable Housing/Hoimeless 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, OlyCAP is a local non-pirofit community action agency that provides a variety of housing and human services to low income residents of Jefferson County'; and WHEREAS, Jefferson County imposed a I/ 10" of I % sales and use tax pursuant to HB 1590 and RCW 2.1 . 3 with revenue therefrom to be devoted to mitigating Jefferson County"s housing shortage; and WHEREAS, OlyCAP seeks $600,OiOiOi in additional funding -from je-mrson County to close a funding gap for their 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 resiidential 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 Housing Project"' and which may contain up to 44 units of affordable housing; and WHEREAS, the Housing Task Force and the Joint Oversight Board both recommended that OlyCAP ' s funding request be approved'; and WHEREAS, on April 12, 2021 the Jeffi�rson County Board of Commissioners approved the recommendation of the Housing Task Force and Joint Oversight Board and directed staff to prepare a grant agreement to implement said recommendation NOW THEREFORE, in cons ,ideration of the foregoing recitals, which are incorporated herein by reference, and the terms, and condition set forth 1elow, the parties agree as follows: L 'Effective Date and Term. This, Agreement shall commence when last 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's, Use of Grant Funds,. The Grantee shall. ensure that any funds, expended are eligible in accordance with the terms, of the grant. The Grant amount is, $6001000, payable using funds from. Fund 148 -Affordable Housing. The grant amount is payable in two tranches: $200,000 in 2021 and, $400,000 in 2022. The Grant amounts shall be paid to Grantee by County when HB 1590 revenues are sufficient for each payment. On or before December 311 2021 and 2022, the Grantee shall provide proof to the County that the grant funding paid in that year was used for the 7th & Hendricks Affordable Housing Project. 3. lermination. The County may terminate this Agreement, for convenience or otherwise and for no consideration or damages, upon prior notice to the Grantee. 4. Independent Grantee. Each party under this Agreement shall be for all purposes an independent Grantee. Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Grantee shallnot be, or be deemed to be, or act or purport to act, as an. employee, agent, or representative of the County for any purpose. ■ 6. Insurance. Prior to commencing work, the Grantee shall obtain at its own cost an expense the following insurance coverage specified below and shall keep such coverage in forc turing 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: Cad" 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 pier 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 specification.s. 4 The commercial general liaty, insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad orris Property Damage, with no employee exclusion; b�. Personal Injury Liability, includingextended bodily injury; 1 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 shal.l. be named as an "additional named insured" -under all. insurance policies required by this Agreementexcept Professional Liability insurance when. not allowed by the insurer, and shall include a provision prohibiting cancellation of said policy exceptupon 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 Grantee shall fumish 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 1.220, 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 0 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 Grantee to 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 po��o"olicie-s,—sba'-Lhavo---no—r-et--,o��- 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 deliucti4les or self -;insured retention shall be declared, to and approved4y the County prioci 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 Grantee until the Grantee 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 insurance policy the Grantee shall provide to comply with this Agreement. The County may, upon the Grantee'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 Grantee shall 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 M 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 b�ro�ught, except with. respect to the limits of the insurer's liability. The Grantee shall 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 Grantee 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.. 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 Grantee shall place insurance with insurers licensed to do business in the State off ash�i.ngton 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 individuals basis for extra hazardous contracts, and specific service agreerntints. 7. Wo�rker's Com,12ensation (Industrial Insura I .If and only if the Consultant employs any pers,on(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 Grantee shall. maintain. workerscompensation 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 is 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 -Grantee that does not have their own worker's compensation and employer's liability insurance. 9 The Grantee 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. -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. Law s. Guidelines. The Grantee shall comply with all federal, state., and local laws and all requirements (including certifications and audits), to the extent applicable, when seeking Reimbursement. 9. Maintenance and Audit of Records. The Grantee shall 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 Grantee was reimbursed for unallowable costs under this Agreement or any., the Grantee agrees to promptly reimburse the County for such payments upon request. 10. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall 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 like manner: Grantee Cherish Cronmiller Executive Director 823 Commerce Loop Port Townsend, WA 9i8368 Jefferson. Cou= Mark McCauley Central Services Director Jefferson County Courthouse 1.820 Jefferson Street .Port Townsend, WA 98368 1. L 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 �hall not have any, personal interest, direct or indirect, which gives rise to a conflict of interest. 0 13. Time.Time is of the essence In this Agreement. 1.4. Survival. The provisions of this Agreement that by their sense and, purpose should, survive expiration or termination of this ..Agreement shall so survive. Those provisions include without limitation Indemnification. and Maintenance and Audit of Records. 15.. Amendment. No amendment or modification to this Agreement will be effective without the prior written consent of the authorized representatives of the parties. 1.6. Governing Law: Venue. This Agreement will e governed in resp ects by the laws of Washington state, both. as to interpretation and performance, without regard to conflicts of law or choice oflaw provisi ons. Any action arising out of or in connection with this Agreement may be instituted and maintained only in a court of competent jurisdiction in Jefferson County, Washington or as provided by ICW 36.01.05 17. Non -Waiver. No failure can the part of the County to exercise, and no delay in exercising, any right hereunder shall operate 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 ether right. The remedies herein. provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 18. Bindil1g.EAffect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors.. 19. Assignment. Neither party shall assign or transfer any, of its interests in or obligations under this Agreement without the prior written consent of the other party.. 2..Ei t. This Agreement constitutes the entire agreement between the County and the Grantee for the use of funds received under this Agreement and it supersedes al.l. prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 1.. No Third -.Party Beneficiaries. ciaries. otl ing 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 obligation which either party has to the Washington_ State Department of Commerce of these grant funds, including the obligation to provide access to records and cooperate with audits as provided in this Agreement. 2. Severability. In the event that one or more provisions ofthis Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder of this Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. Counterparts.23. This Agreement may be executed in counterparts, any of which shall be deemed an original but all of which together shall constitute one and, the same instrument. 24. Authorization. on. Each party warrants tot e other party, that the person executing this .Agreement on its behalf has the full power and authority to do so. M 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 Grantee 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 Grantee also agrees that upon receipt of any written public record request, Grantee shall, within two business days, notify the County by providing acopy of the request per the notice provisions of this Agreement. IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. Attest: Carolyn Gallaway, Clerk of the Board Approved as to Form: July 1, 2021 Philip C. Hunsucker Chief Civil Deputy Prosecutor JEFFERSON COUNTY BOARD OF COMMISSIONERS Kate Dean, Chair Greg Brotherton, Member Date Date Heidi Eisenhour, Member Date Olympic Community Action Programs Cherish Cronmiller Executive Director E? Date