HomeMy WebLinkAbout010322ca16 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, Interim County Administrator
DATE: January 3, 2022
SUBJECT: AGREEMENT re: 2022 Affordable Housing/Homelessness Grant
Funding; In the Amount of$218,000; Jefferson County Administrator; Olympic
Community Action Programs (OlyCAP)
STATEMENT OF ISSUE:
On December 6, 2021 the Board of County Commissioners approved the Housing Joint Oversight Board's
2022 affordable housing/homelessness grant recommendations. One of the recommendations was for
OlyCAP to receive $218,000 to provide emergency shelter for the homeless with the goal of having clients
achieve self-sufficiency and permanent housing.
ANALYSIS:
The attached Grant Agreement will provide the $218,000 in funds approved by the Board of County
Commissioners on December 6, 2021.
FISCAL IMPACT:
OlyCAP: $218,000
RECOMMENDATION:
Approve the attached Grant Agreement with OlyCAP.
REVI WED BY:
Mark McC y, Interim County Admi rator Dat
Grant Agreement by and Between
Jefferson County
and
Olympic Community Action Programs (OlyCAP)
For Affordable Housing/Homelessness Services Grant Funding
WHEREAS. RCW 36.22.178 authorizes a recording fee surcharge to provide funding for
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, RCW 82.14.530 authorizes the use of SHB 1590 sales tax revenues to support
affordable housing; and
WHEREAS, RCW 82.14.540 authorizes the use of SHB 1406 sales tax revenues to support
affordable housing; and
WHEREAS, on June 7, 2021 the Board of County Commissioners approved funding levels and
authorized the release of a Request for Proposals for the funds collected pursuant to the above
cited RCW's; and
WHEREAS, on December 6, 2021 the Board of County Commissioners approved the Housing
Joint Oversight Board's recommendation for 2022 funding;
NOW, THEREFORE, Jefferson County, a political subdivision of the State of Washington,
hereinafter referred to as "County,"and Recipient, a non-profit corporation is 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 $218,000, with
$90,000 coming from Fund 148 and $128,000 coming from Fund 149. The grant shall be
available upon the submission of appropriate invoices pursuant to Section3.
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, 2022 and shall be completed by December 31, 2022.
c. The budget for the Project is described in Exhibit B, attached.
3. Payment. Expenses incurred 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.
Page 1 of 12
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 invoice payments. Payments will be limited to the
monies that are available under the grant as described in Section 1. Such invoices, once
approve, 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 regulation, 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 a 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
RCE, solely for the purpose of this indemnification. This waiver has been mutually
negotiated between 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
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.
Page 2 of 12
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. Person 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. Workers' 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 cost to enforce the provisions of this
subsection, all costs and fees shall be recoverable form Recipient.
1) Recipient shall provide Workers' Compensation and Employer's Liability 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 workers' 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 case of such
claim.
8. General Insurance Requirements.
a. Insurance coverage shall be evidenced by one of the following methods:
Page 3 of 12
1) Certificate of insurance; or,
2) Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
b. Any deductibles or self-insured 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.
j. Recipient shall provide a copy of all insurance policies specified in this Agreement.
Page 4 of 12
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 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 will be promptly replaced.
q. Recipient shall place insurance with insurers listed to 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 place 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 the Agreement. To the extent a certificate lists or
refers to any endorsements solely by name. description or number it shall be the
responsibility of Recipient to obtain and provide to Jefferson County Risk Management a
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:
Page 5 of 12
1) The limits of coverage;
2) The project name and agreement number to which it applies;
3) The certificate holder as Jefferson County, Washington and its elected officials,
officers, employees and agents with the address of Jefferson County Risk
Management, P.O. Box 1220, Port Townsend, WA 98368; and
4) A statement that the insurance policy shall not be cancelled or allowed to expire
except on thirty(30) days prior written notice 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 of 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 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 with 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 State Department of Labor and Industries,
including WA-DOSH Safety Regulation; and
b. State and Federal Anti-Discrimination Laws.
Page 6 of 12
12. Termination.
a. Termination by the County.
1) Should Recipient default in providingservices under this Agreement or materially
p
breach any of its provisions, the County may terminate this Agreement upon ten
(10) days written notice to Recipient.
2) Recipient shall have the right and opportunity to cure any such material breach
within the ten (10) day period.
3) The County may terminate this Agreement upon immediate notice to Recipient.
Recipient will be reimbursed for services expended up to the date of termination.
4) This Agreement may 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 in Funds 148 and/or 149 is reduced or limited in any way.
b. Termination by Recipient.
1) 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.
2) 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
disability or the use of a trained guide dog or service animal by a person with a disability,
unless based on a bonafide occupational qualification.
14. Contract Expiration. This contract will 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 the date listed in Paragraph 2.b. above, unless extended by mutual
agreement.
Page 7 of 12
15. Failure to Appropriate. Recipient acknowledges that the County may only appropriate
monies 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, representation, 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 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 of 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 State, 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)
Page 8 of 12
IN WITNESS WHEREOF,the parties have caused this Grant Agreement to be executed this
day of , 2022.
Jefferson County OlyCAP
Board of Commissioners
Kate Dean, Chair Date Authorized Signature Date
Print Name/Title
ATTEST:
Carolyn Gallaway,CMC Date
Clerk of the Board
APPROVEp AS TO FORM:
t
December 28,2021
Philip C. Hunsucker Date
Chief Deputy Prosecuting Attorney
Page 9 of 12
EXHIBIT A— SCOPE OF WORK
• Name of Project: Jefferson County Adult Shelter
• Amount requested:
148 Funds; $90,000. 149 Funds: $128,000
• Provide a brief description of the project:
A. Priority. The priority of this program is to assist individuals who are homeless, with
particular priority for US military veterans,physically disabled persons,persons aged 65
and older, and victims of domestic violence.
B. Mission. OlyCAP's mission through the Shelter is to provide emergency shelter for the
homeless, and within each client's capability, to help guide the clients to service resources to
help them set and achieve everything and anything to overcome what led them to
homelessness. The goal is for the client to achieve self-sufficiency and permanent housing.
C. Shelter Operations. OlyCAP will operate a Homeless Shelter to provide overnight sleeping
accommodations within the Shelter's bed capacity for homeless persons at the Shelter in the
basement of the American Legion,Marvin G Shields Memorial Post#26 located at 209 Monroe
Street in Port Townsend.
D. Case Manager and Coordinated Entry, An OlyCAP case manager will be on site five days
per week for four or more hours per day, and consistent with a client's capability, will provide
access to services to help the client transition into permanent housing. All shelter clients will go
through coordinated entry, vulnerability assessment is done to identify best placement for the
clients. Working with the case manager the client will be able to regain self-reliance to live
independently in permanent housing. By being able to come and stay at the shelter, it allows the
case manager access to the client to triage them, and to assess and prioritize their needs. Case
managers are trained in best practices. Based on a client assessment, and using other OlyCAP
funding resources, a case manager helps the client obtain needed services like bus passes,
laundry vouchers, either directly, or by referral to an agency that has those services. Case
managers work with willing clients on their housing needs through a housing plan, and together,
the case manager and client will identify available housing and subsidies,which helps the client
learn housing search skills.
E. Hours. Starting October 15, 2021, OlyCAP will operate the Shelter at the American Legion
each evening starting no later than 4:00 p.m. and close it in the morning no earlier than 8:00
a.m., except for daytime services noted below which may take place after closure, later in the
day. Hours may be modified with written approval of the County. April 15, 2022- October
14,2022 will be summer hours 7PM- 7AM.
F. Supervision Required. OlyCAP will provide for appropriate supervision and monitors for the
Shelter.
Page 10 of 12
G. Beds. The total number of beds for clients at the Shelter will be up to 37 total, including up
to 13 beds for women (10 beds for women, plus 3 overflow cots for women) and up to 24 beds
for men(20 beds,2 of which are in the sick room,for men,plus 4 overflow cots for men). Clients
will be provided beds or cots with clean sheets for sleeping, along with blankets, a pillow, and
pillowcase.
H. Winter Meals and Coordination with COAST. Winter operations will include three meals per
day, provided in coordination with COAST.
I. Summer Meals. During summer operations, for those clients who have not eaten and are
hungry, OlyCAP will supply soup, oatmeal, and cereals, and other foods as may be available,
as well as access to an area for preparing food.
J. Toiletries and Other Essentials. OlyCAP with assistance from COAST may provide
toiletries and other essentials to meet basic needs for the clients.
K. Other Services. In-house services for clients also include showers, and a clothing
exchange, as well as TV, books and games. OlyCAP will also manage the Shelter facility
to provide community showers twice per week and will allow hosting of AA and NA
meetings at the Shelter.
L. Access to Mental Health, DV, and Veteran Services. Access will be provided to
resources through referrals for needed services(Mental Health,DV,and Veteran services,)
some on site and some through referrals.
M. Rules of Conduct Required. OlyCAP will manage the Shelter pursuant to Rules of
Conduct for clients. OlyCAP may modify the Rules as necessary to ensure smooth
operations of the Shelter. OlyCAP may refuse shelter access to any individual for lack of
space, previous exclusion, or other causes such as violation of Shelter Rules of Conduct.
Termination of access to the shelter may be challenged using OlyCAP's Grievance
Procedure.
N. Compliance. OlyCAP will operate the Shelter in compliance with applicable federal,
state and local rules, regulations and permits, and in compliance with any Shelter facility
agreement with the facility owner, the American Legion, Post 26.
Page 11 of 12
EXHIBIT B. - BUDGET
2022
Budget Categories Program Proposal Justification Priority
Salaries $157,927 $142,927
Benefits $23,431 $18,431 =1
Rent to the legion $12,000 $12,000 1
Utilities $18,206 $18,206
Insurance $386 $386
Food/Supplies
Furnishings/Equipment
Repair/Maintenance $3,500 $3,500
Transportation
(explain)
perations (photo $1,550 1,550
copies,
[T, Travel, Office
supplies tc.
Subtotal $217,000 $197,000
Administration (10% $21,000 $21,000
max.)
TOTAL $238,000 $218,000
Page 12 of 12