HomeMy WebLinkAbout010322ca18 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$50,000; Jefferson County Administrator; Habitat for
Humanity
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
Habitat for Humanity to receive $50,000 for the repair of houses inhabited by those with very low incomes.
ANALYSIS:
The attached Grant Agreement will provide the $50,000 in funds approved by the Board of County
Commissioners on December 6, 2021.
FISCAL IMPACT:
Habitat for Humanity: $50,000
RECOMMENDATION:
Approve the attached Grant Agreement with Habitat for Humanity.
REVIE BY: 2
Mark McCa y, Interim County min' trator tfr
Grant Agreement by and Between
Jefferson County
and
Habitat for Humanity
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 $50,000, all from
Fund 148. 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.
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.
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:
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.
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:
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.
12. Termination.
a. Termination by the County.
1) 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.
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.
I) 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.
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)
IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be executed this
day of , 2022.
Jefferson County Habitat for Humanity
Board of Commissioners
Kate Dean, Chair Date Authorized Signature Date
Print Name/Title
ATTEST:
Carolyn Gallaway, CMC Date
Clerk of the Board
APPROVED AS TO FORM:
Philip C. Hunsucker Date
Chief Deputy Prosecuting Attorney
:XHIBIT A-SCOPE OF WORK- PROJECT DESCRIPTION
Name of Project: Critical Home Repairs
Amount requested:
148 FUNDS $50,000
Provide a brief description of the project:
Between January 1 and December 31, 2022, Habitat EJC plans to perform six Critical Home
Repairs for homeowners living in Quilcene and Brinnon and other rural areas of East
Jefferson County. We propose that the County provide $50,000 to underwrite five of those
critical repairs. Funds will be used to complete projects on homes owned by persons at or
below fifty percent of area median income, and these repairs make it possible for the
homeowners to remain in their homes, which otherwise might not be habitable. Examples of
such repairs include updating of electrical wiring that may be hazardous and/or not to code;
repair or replacement of failed septic systems; and roof repair or replacement. A forgivable
note will be attached to the home ensuring the subsidy allows the current owner to remain in
the home, rather than profit by fixing up the house to sell it.
The funds will be used to repair at least five homes owned and inhabited by very-low-income
residents of Jefferson County.
Habitat EJC shall provide all project and construction management: we will select projects,
screen for income qualification and repair scope of work; manage subcontractors; and
coordinate any volunteer involvement that may be appropriate.
1 Specify the Project or Program goals and expected outcomes. Specify the methods by which the
Project or Program will be measured and assessed.
1. At least five homes will be repaired.
Measures: Scope of Work is developed on each selected project to address critical
repairs; permits are secured as necessary; homeowner signs off on completed project.
2. The qualified owners of each repaired home will be able to remain safely in their home at the
completion of the repairs,with an affordable arrangement to cover the cost of repairs.
Measures: Homebuyer is certified at or below 50% AMI; repayment arrangement
provides monthly payment so that total debt repayment does not exceed 43% of income
(43% DTI); subsidy is provided in the form of a forgivable, no-interest note (forgiveness
begins at five years and is completed at fifteen years); homebuyer completes
required sweat equity, modified as necessary for age and disability.
Outcomes will be measured using the following:
■ Scope of Work on each selected project addresses critical repairs
• Signed MOU with Homeowner
• Permits secured as necessary
■ Final punch list and MOU signed by Homeowner
■ Homeowner certified at or below 50%AMl
• Repayment arrangement provides monthly payment so that total debt repayment does not
exceed 43%of income(43%DTI)
• Executed forgivable,no-interest note
• Documentation of required sweat equity,modified as necessary for age and disability
Specify the number of individuals who will be impacted by the project.
We estimate between six and twelve individuals will be directly impacted. However, these
repairs are often the only way that the homeowners are able to remain in their homes long-
term, thereby relieving both the residents specifically, and East Jefferson County as a
community, of the burden to find replacement/alternative housing at a time when affordable
housing is critically scarce in our county, and the homeowners' resources are inadequate.
Additionally, the homeowners and their families are most often able to remain in their
home during the repairs, sometimes solely because the work is being done and/or
coordinated by Habitat. This is an additional relief to County services.
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.
All critical home repairs performed with grant funding will be on homes owned by
persons whose income is at or below fifty percent of the area median income.
EXHIBIT B -BUDGET AND SOURCES
Financing Categories Estimato Indicate if Committed or Application has been
r made. If not made indicate date application is
to be submitted
Private Loan $
Jefferson County Funds $50,000 Grant,this application
Public Sources $
(State or Federal
Funds)
Foundations $
Low Income Housing $
Tax Credits (indicate
9% or 4%)
Historic Tax Credits $
New Market Tax Credits $
Individual Contributions $10,000 $6,000 is already committed by two donor
households and will be used as an incentive to
raise the remaining
$4,000 from additional individual donors.
Gap (if any) $
TOTAL $60,000